Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES PROVIDED
ON LEADGROUPS.COM. BY USING LEADGROUPS.COM, YOU AGREE TO BECOME BOUND BY THE TERMS
AND CONDITIONS CONTAINED HEREIN AND LEADGROUPS, LLC'S ACCEPTANCE OF YOUR USE
OF THE LEADGROUPS.COM WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO THESE
TERMS AND CONDITIONS.
These Terms and Conditions, as such may be modified from time to time in accordance
with the provisions below (the "Terms"), constitute a legal agreement
between LEADGROUPS, LLC ("LeadGroups" or "we") and users ("Users"
or "you") of LeadGroups.com and its subdomains (collectively, the "Site").
In consideration of using and accessing the Site and the other promises and obligations
contained herein, you agree to these Terms and understand and acknowledge that you
are bound by the following provisions. If you do not agree to these Terms, do not
access or use the Site. You may receive a copy of these Terms by e-mailing us at
support@leadgroups.com.
I. Generally.
It is our desire for the Site to open communication among business owners, business
developers, and sales professionals and thereby establish business connections and
cooperative exchanges of sales and business opportunities. We believe that any information
shared on the Site by Users should be owned by the Users who provide it and such
Users shall have the freedom to determine how such information should be shared
or may be accessed provided that it is compliance with these Terms and all applicable
laws and regulations. The Site shall be used as a mechanism for Users and other
third parties to distribute related information. The rights and responsibilities
of LeadGroups and the Users are described in these Terms and shall promote the ideas
outlined in this Section I.
II Agreement.
You acknowledge and agree that your access to and use of the Site is subject these
Terms (as such Terms may be modified from time to time as provided for herein).
LeadGroups shall have the right at any time and without prior notice, at its sole
discretion, to amend and revise these Terms or to impose new terms and conditions
with respect to access to or use of the Site (the "Modified Terms"). The
Modified Terms shall be effective upon its posting on the Site. Each User is responsible
for visiting the Site periodically to review the Terms. Any access or use of the
Site by you after the posting the Modified Terms (and, if applicable, any notice
relating to the Modified Terms) shall constitute your agreement to the Modified
Terms.
III. Use of Site.
(a) License to Use. Subject to your compliance with these Terms, LeadGroups hereby
grants you a limited, nonexclusive, nontransferable, personal and revocable license
to access and use the Site for your personal and noncommercial use. You acknowledge
that the Site utilizes usernames and passwords to enable access to the Site and
that you should only have the right to use a single username and password that you
designate and identify to LeadGroups. As a condition for using the Site and receiving
a password, the User shall provide LeadGroups with accurate, complete and updated
registration information, including, User's e-mail address. LeadGroups reserves
the right to refuse registration of, or cancel use of the site by, any User, as
determined in LeadGroups's sole discretion. Each User is solely responsible
for any use of or action taken under a User's password and accepts full responsibility
for all activity conducted through User's account and hereby releases LeadGroups
from any and all liability concerning such activity. Unauthorized access to or use
of the Site is a breach of these Terms and a violation of law. Only individuals
thirteen (13) years of age and older are authorized to access the Site and by accessing
and using the Site you warrant and represent that you are at least thirteen (13)
years of age. You agree not to use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor or copy any part of the
Site.
(b) Non-Commercial Use by Users. The Site is for the personal use of Users only
and may not be used in connection with any commercial endeavors except those that
are specifically approved by LeadGroups in writing. Commercial advertisements, affiliate
links, and other forms of solicitation may be removed from User profiles without
notice and may result in the termination of User privileges. Appropriate legal action
will be taken for any illegal or unauthorized use of the Site.
(c) Restrictions and Limitations. You are solely responsible for accessing the Site
and using the Site and you are solely responsible for you interactions with other
Users, third party websites and other persons with whom your interactions with other
Users, third party websites and other persons with whom you interact through the
Site with. Any fraudulent, abusive or otherwise illegal activity may be grounds
for immediate termination of your right to use the Site. Without limiting the foregoing,
you may not, in whole or in part: (a) copy, distribute, transmit, display, perform,
reproduce, publish, license, rewrite, create derivative works from, transfer, or
sell any Content or other material contained on this Site; (b) reverse engineer,
make alterations, decompile, disassemble or make derivative works based on the Site
or any part thereof, except as otherwise permitted by law; (c) use, rent, loan,
sub-license, lease, distribute or attempt to grant other rights to the Site or any
part thereof to third parties; (d) use the Site to act as a service bureau or application
service provider, or to permit remote access to the Site to any third party; (e)
falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or the source of any User Content; (g) restrict
or inhibit any other user from using and enjoying any public area within the Site;
(h) collect or store personal information about other users of the Site, or post
personal information about any person on the site without their express permission;
(i) frame the Site or putting pop-up windows over its pages; (j) use any automated
means to access or use the Site or to collect any Content contained therein; (k)
publish any product or service review more than once, or publishing any product
or service review for a product or service for which you have a direct or indirect
financial or other interest; (l) modify or create variant versions of LeadGroups's
name, trademarks or logos; (m) interfere with or disrupt the Site or its infrastructure;
(n) impersonate any person or entity, including, but not limited to a LeadGroups
representative, or falsely state or otherwise misrepresent your affiliation with
a person or entity; (o) take any action that imposes an unreasonably or disproportionately
large load on the Site or its infrastructure; (p) engage in antisocial, disruptive,
or destructive acts, including "flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly understood
and used on the Internet; or (q) engage in any acts or omissions that could constitute
a violation of these Terms (including posting any User Content in violation of Section
IV below) or any applicable laws, statutes, regulations, rules or ordinances. Without
limiting any term or provision herein, your failure to comply with any of the foregoing
conditions shall constitute a violation of these Terms and result in the immediate
revocation of your license to use the Site without notice.
(d) Third Party Websites. Users may gain access from the Site to third party sites
on the Internet through hypertext or other computer links on the Site. Third party
sites are not within the supervision or control on LeadGroups. LeadGroups makes
no representation or warranty about any third party site that is linked to the Site
and LeadGroups does not endorse any product or service offered on any such third
party site. LeadGroups hereby disclaims: (a) all responsibility and liability for
any content displayed on third party websites; (b) all responsibility and liability
for any services or goods sold on third party websites or any actions by such third
party on its website relating to any goods or services sold thereon; and (c) any
representation as to the security for any information you might be requested to
provide any third party, and you hereby irrevocably waive any claim against LeadGroups
with respect to such third party websites and third party content.
IV. Site Content.
(a) Submission of User Content.
(i) By contributing or submitting any text, files, images, materials, information,
ideas, suggestions, ratings, reviews, recommendations or other content to LeadGroups
(whether through its posting on the Site or otherwise), (collectively, the "User
Content"), you warrant and represent that you are the owner of all intellectual
property and proprietary rights in such User Content (or you otherwise have the
right to grant the license set forth in this Section IV to the User Consent), and
you grant LeadGroups (and our licensees, distributors, affiliates, partners, agents,
representatives and other authorized users) a worldwide, perpetual, irrevocable,
royalty-free, transferable, sub-licensable right and license to use, re-use, copy,
modify, delete in its entirety, adapt, publish, host, store, cache, archive, index,
categorize, comment on, broadcast, stream, translate, publicly perform, publicly
display, exhibit, create derivative works from and/or sell and/or distribute, re-distribute,
publish, transmit and disseminate and/or incorporate or otherwise exploit such User
Content in, with, into or through any form, medium or technology (whether now known
or hereinafter developed) without compensation to you, without obtaining your permission
or providing attribution, and for any and all purposes including, without limitation,
news, advertising, promotional, marketing, publicity, trade or commercial purposes.
In addition, you warrant that all "moral rights" that you may have in
such User Content have been voluntarily waived by you, and you agree that the license
in this paragraph includes, without limitation, the right for LeadGroups, its affiliates
and partners to use any name, likeness, image and other identifying characteristics
that are embodied or incorporated into any User Content and which shall be considered
part thereof for the purposes of these Terms. None of the User Content shall be
subject to any obligation of confidence on the part of LeadGroups or any third party.
After posting your User Content on the Site, you shall continue to retain all ownership
rights in such User Content and you shall continue to use your User Content in any
way you choose. You agree that any User Content you provide is not being provided
in confidence or trust and that no confidential or fiduciary relationship is intended
or created between you and us in any way.
(ii) You acknowledge that you are solely responsible for all User Content that you
post on or disseminate through the Site, including all materials and information
transmitted to other Users of the Site. You acknowledge and agree that all User
Content, including without limitation, any recommendations and reviews will be accessible
by other Users. LeadGroups does not screen User Content in advance and is not responsible
for screening or monitoring information or material posted by Users or any other
person or entity. LeadGroups reserves the right to, from time to time, refuse, move,
remove, change, condense or delete any User Content on the Site in LeadGroups's
sole discretion. Without limiting the foregoing, if notified by a User of any User
Content that does not conform to these Terms, LeadGroups may review the claim and
determine in its sole discretion to remove or request the removal of the User Content.
LeadGroups reserves the right (but is not obligated) to remove User Content that
is abusive, illegal, disruptive or that otherwise fails to conform with these Terms
and/or to edit or delete any User Content, regardless of whether such content violates
these Terms. LeadGroups reserves the right (but is not obligated) to monitor, edit,
disclose or record any User Content for adherence to these Terms. LeadGroups may
exercise these rights if required, in the course of normal operations and maintenance
of the Site, or by law or in the good faith belief that such action is necessary
to: (i) comply with the law or with legal process served; or (ii) protect and defend
the rights of Users, LeadGroups or others. LEADGROUPS HAS NO LIABILITY OR RESPONSIBILITY
TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE
AFOREMENTIONED SCREENING ACTIVITIES.
(iii) You understand, acknowledge and agree that when you delete User Content from
the Site it is deleted but such removed User Content may persist, in backup copies
for a reasonable period of time (but will not be available to other users of the
Site). Notwithstanding the foregoing, you understand and agree that once User Content
is distributed or posted on a third party website which is linked to the Site, LeadGroups
is under no obligation to delete such content or ask any other third party to delete
such content and thus, it may continue to appear and be used indefinitely.
(iv) You agree that you shall not post, publish, submit or otherwise disseminate
any User Content or other information through the site: (a) that is known by you
to be false, inaccurate or misleading (including, without limitation, creating a
fictitious account with false information); (b) that violates, infringes or misappropriates
any third party's copyright, patent, trademark, trade secret, right of privacy,
right of publicity or other intellectual property or proprietary right; (c) that
violates any law, statute, regulation, rule or ordinance (including, but not limited
to, those governing export control, consumer protection, unfair competition, anti-discrimination
or false advertising); (d) that is, or may reasonably be considered to be, defamatory,
libelous, hateful, profane, abusive, racially, religiously or otherwise biased or
offensive, unlawfully threatening or unlawfully harassing to any individual or entity,
or otherwise contains foul language; (e) for which you were compensated or granted
any consideration by any third party; (f) that contains any computer viruses, worms
or other potentially damaging computer programs or files; (g) harasses or advocates
harassment of another person; (h) exploits people in a sexual or violent manner;
(i) involves the transmission of "junk mail", "chain letters"
or unsolicited mass mailing, instant messaging, "spimmins," or "spamming";
(j) solicits passwords or personal identifying information for commercial or unlawful
purposes for other users; or (k) includes any information or photograph of another
person without such person's consent. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL
BE SUBJECT TO CRIMINAL AND CIVIL PENALTIES IF YOU POST OR UPLOAD ANY USER CONTENT
THAT IS COPYRIGHTED OR CONTAINS ANY PROPRIETARY RIGHTS OF ANOTHER THIRD PARTY.
(b) LeadGroups Content.
The Site (and the services offered by LeadGroups on the Site) contains certain information,
materials, files or content of LeadGroups (collectively "LeadGroups Content").
No LeadGroups Content comprising, contained in or distributed through the Site may
be reproduced in any form or used by you without the prior written consent of LeadGroups.
The Site and the LeadGroups Content found therein are the property of LeadGroups
and its licensors and are protected by copyright laws and international treaty provisions.
You acknowledge that LeadGroups or its licensors (as applicable) own and shall retain
the exclusive right, title and ownership in and to all copyrights, trade secrets,
trademarks and other intellectual property and proprietary rights in the Site and
all LeadGroups Content. For purposes herein, the term "Content" shall
include User Content and LeadGroups Content.
(c) Other Third Party Content.
(i) The Content on the Site may include information relating to third parties and
their products, services and opportunities (including, without limitation, your
opportunity to participate in various lead exchange events), and links to such third
parties and their online resources. Such Content may include, without limitation,
postings by users in different areas of the Site, data files, written text (e.g.,
reviews, recommendations, articles, etc.), computer software, music, audio files,
video files, web casts photographs or other images. The Content on the Site also
includes a variety of information and views and opinions on a wide range of topics.
Some Content will be provided directly by LeadGroups or third party providers of
products and services (or agents or representatives working on their behalf). In
other instances, Content may be provided by experts who may or may not be compensated
by LeadGroups or affiliated with LeadGroups in any manner. LeadGroups does not warrant
that product, service or opportunity descriptions, pricing, editorial, opinion or
other commentary or any other Content, regardless of its source, is accurate, complete,
reliable, current, of good quality or error-free. All Content is provided for informational
purposes only and does not constitute an endorsement, recommendation, sponsorship
or approval of such Content, or any product, service, or opportunity of or provided
by a third party, by LeadGroups. You should not rely on such information including,
without limitation, in situations where its inaccuracy would or could cause you
or any other third party to incur any loss, damage, liability or injury (including,
without limitation, personal injury or death).
(ii) The products and services offered by third parties are sold or provided by
such third parties and not by LeadGroups, nor is LeadGroups or the Site acting as
agent for such third parties in the provision of such third party products and services
including, without limitation, with respect to any free product samples you may
obtain through the use of the Site. Reviews, ratings and other Content (e.g., video,
web casts, etc.) on the Site are from our users, partners or vendors who have elected
to provide such materials on the Site. LeadGroups disclaims any responsibility for,
or liability related to, such products and services (or any information relating
thereto), and you agree to address any questions, complaints or claims solely to
the appropriate third party provider of such products or services and not to LeadGroups.
Links to other Internet sites operated by third parties, including manufacturers
of products or services featured on LeadGroups, do not constitute sponsorship, endorsement
or approval by LeadGroups of the content, policies or practices of such linked sites.
Linked sites are not operated, controlled or maintained by LeadGroups, and LeadGroups
is not responsible for the availability, content, security, policies or practices
of linked sties, including without limitation, privacy policies and practices. Links
to other websites are provided to your convenience only and you access them at your
own risk.
(iii) LeadGroups expressly disclaims any and liability for the accessing of any
data or communications or other Content on the Site by unauthorized persons and
entities.
(d) DISCLAIMER OF WARRANTIES AND REPRESENTATIONS IN FURTHERANCE OF THE FOREGOING,
THE SITE, AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE, ARE PROVIDED
"AS IS," "AS AVAILABLE," "WITH ALL FAULTS" AND WITHOUT
WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY
DISCLAIMED). YOU ASSUME THE ENTIRE RISK (1) AS TO YOUR ACCESS TO AND USE OF THE
SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE,
AND (2) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE
OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. LEADGROUPS MAKES
NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT
WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. LEADGROUPS MAKES
NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY
PRODUCTS, SERVICES OR OPPORTUNITIES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES,
RELATING TO YOUR USE OF THE SITE OR THE CONTENT. ANY ISSUES ARISING OUT OF OR RELATING,
DIRECTLY OR INDIRECTLY, TO THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES (INCLUDING,
WITHOUT LIMITATION, PRODUCTS OR SERVICES PROVIDED BY OR PURCHASED FROM THIRD PARTIES,
OR VOLUNTEER OPPORTUNITIES OFFERED BY THIRD PARTIES) MUST BE RESOLVED SOLELY AND
DIRECTLY WITH THE PROVIDER OF SUCH THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES.
NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM,
THROUGH OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT, WILL CREATE OR
PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF LEADGROUPS.
Please note that some jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you. In such jurisdictions, the
liability of LeadGroups shall be limited to the greatest extent permitted by applicable
law. Check your local laws for any restrictions or limitations regarding the exclusion
of implied warranties.
(e) Assumption of Risk. While using the Site, you may be exposed to Content that
you find offensive, indecent, profane, objectionable or inaccurate, and you bear
all risks associated with your access to or use of such Content. We have the right,
but not the obligation, to remove any Content that may (in our sole discretion)
violate these Terms or that we may otherwise decide should be removed from the Site
(in our sole discretion).
V. Conduct.
LeadGroups cannot and does not assure that other users are or will be complying
with these Terms, and, as between you and us, you hereby assume all risk of harm
or injury resulting from any such lack of compliance. However, it is acknowledged
and agreed that it shall be a violation of these Terms to use any Content obtained
from this Site to abuse or harm another third party or to contact, advertise to,
solicit or sell to any User without the prior written consent of such User.
VI. Privacy.
Certain information collected from you in the course of your using the Site is subject
to our Privacy Policy, which is incorporated into these Terms by reference and which
may be revised from time to time as provided therein. You acknowledge, agree and
consent to the information collection, distribution and other terms, conditions
and matters set forth in the Privacy Policy.
VII. Release.
WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE
FOR THE ACTIONS OR CONTENT OF THIRD PARTIES. YOU HEREBY DISCLAIM, WAIVE AND RELEASE
LEADGROUPS AND COVENANT NOT TO SUE LEADGROUPS FOR ANY AND ALL CLAIMS, CAUSES OF
ACTION, JUDGMENTS, INJURY, LOSS, DAMAGES, EXPENSES AND DEMANDS WHICH MAY ARISE IN
CONNECTION WITH YOUR USE OF, RELIANCE ON, OR REFERENCE TO THE SITE. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CODE SECTION 1542 WHICH PROVIDES THAT
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITORS FORES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
VIII. Indemnification.
You agree to defend, indemnify and hold harmless LeadGroups, its affiliates, vendors,
partners, and each of their respective directors, officers, members, managers, employees,
agents and representatives from and against any and all claims, actions, losses,
damages, liabilities, judgments, settlements, costs and expenses (including, but
not limited to, reasonable attorneys' fees and court costs) arising out of or
relating to (a) your breach of these Terms, (b) your access to or use of the Site
and/or the Content, (c) any User Content provided by you or on your behalf, or the
subsequent use and access thereto by third parties, (d) your violation, breach or
misappropriation of a third party's copyright, patent, trademark, trade secret,
right of privacy, right of publicity or other intellectual property, proprietary
or other right, (e) your tortuous acts including, without limitation, defamation,
and/or (f) any claims you may raise against third parties relating to third party
products or services. We reserve the right to assume, at our expense, the exclusive
defense and control of any matter for which you are required to indemnify us, and
you agree to cooperate with our defense of such claims. If we assume such defense,
we will be responsible solely for our legal fees in connection with such defense
and all other losses, damages, liabilities, judgments, settlements, costs and expenses
shall be your sole responsibility.
IX. Limitation of Liability and Exclusive Remedy.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEADGROUPS
OR ANY MEMBER, MANAGER, OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE OR AGENT (COLLECTIVELY
WITH LEADGROUPS THE "LEADGROUPS PARTIES") BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SITE, EVEN IF LEADGROUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FROM YOUR USE OR INABILITY TO USE THE SERVICE
OR ANY OTHER BREACH OF THESE TERMS BY LEADGROUPS SHALL BE FOR YOU TO DISCONTINUE
USE OF THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU UNDER THE LAWS OF THOSE STATES.
IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY LEADGROUPS PARTY IS FOUND TO
BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED
TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, THE AGGREGATE LIABILITY
OF THE LEADGROUPS PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL
OF ANY SUBSCRIPTION OR SIMILAR FEES (IF ANY) PAID BY YOU TO LEADGROUPS IN THE SIX
MONTH PERIOD PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST THE LEADGROUPS
PARTIES (OR ANY ONE OR MORE OF THEM), OR (B) $150.00 USD. YOU AGREE TO USE YOUR
BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH
YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.
No action, regardless of form, arising out of any transaction under these Terms,
may be brought by you more than one year after you have knowledge of the occurrence
which gives rise to the cause of such action.
X. Termination.
You may terminate your membership and use of the Site at any time by contacting
support@leadgroups.com. Further, your right to access and use the Site will automatically
terminate without notice, if you breach any provision of these Terms. You agree
that LeadGroups may terminate your use of this Site, remove any User Content submitted
by you and/or exercise any other remedy available to it if LeadGroups believes that
you have violated or acted inconsistently with the letter or spirit of these Terms,
or violated the rights of LeadGroups or any third party, or for any reason with
or without notice to you. LEADGROUPS RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT
OR DISCONTINUE THE SERVICE OR ANY PORTION OR FEATURE THEREOF FOR ANY OR NO REASON
AND AT ANY TIME IN LEADGROUPS'S SOLE ABSOLUTE DISCRETION. You agree that LeadGroups
will not be liable to you or any third party as a result of such modification or
discontinuation. The following Sections shall survive termination of these Terms:
((IV(d), IV(e), V, VII, VIII, IX, XI, XII, XIII, XIV and XV) and all other sections
that may be reasonably interpreted to or are intended to survive these Terms.
XI Copyright Complaints.
We respect the intellectual property rights of others and we prohibit users from
uploading, posting or otherwise transmitting on the Site any materials that violate
another party's intellectual property rights. When we receive proper notification
of an alleged copyright infringement, we will promptly remove or disable access
to the allegedly infringing material and terminate the accounts of repeat infringers
as described herein in accordance with the Digital Millennium Copyright Act. If
you believe that any material on the Site infringes upon any copyright which you
own or control, you may send a written notification of such infringement to us at
the contact information described below.
All notices of such claims of copyright infringement on or regarding LeadGroups
is:
LEADGROUPS, LLC
4917 Justin Dr
Plano, TX 75024
Email: support@leadgroups.com
If you believe Content on the Site infringes your copyright rights (such Content
being referred to as the "Disputed Items"), you should send notice of
alleged copyright infringement to the above-referenced contact person. Your notice
must meet the requirements of the Digital Millennium Copyright Act (as required
under 17 U.S.C. SS512) by providing the following information:
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right this is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
Identification of the Disputed Items 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, and information reasonably sufficient to permit us to locate the material;
and
Information reasonably sufficient to permit us to contact the complaining party,
such as an address, telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted;
A statement that the complaining party has a good faith believe that use of the
Disputed Items in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed. To learn more, see 17 U.S.C.
SS512.
Once you provide LeadGroups with an adequate notice as described above, LeadGroups
will act expeditiously to remove or disable access to the Disputed Item. LeadGroups
will also take reasonable steps to promptly notify the user that provided the Disputed
Item. If the User does not believe it has infringed your copyrights, then the user
may provide LeadGroups with a counter notification containing the following information
required by the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act:
The user's physical or electronic signature;
Identification of the Disputed Item that has been removed or to which access has
been disabled and the location at which the Disputed Item appeared before it was
removed or access to it was disabled;
A statement under penalty of perjury that the user has a good faith belief that
the Disputed Item was removed or disabled as a result of mistake or misidentification;
The user's name, address and telephone number, and a statement that the user
consents to the jurisdiction of Federal District Court for the judicial district
in which the user's address is located, or if the user's address is outside
of the United States, for any judicial district in which LeadGroups may be found,
and that the user will accept service of process from the person who provided notification
of the alleged infringement.
In the event that LeadGroups receives a counter notification in compliance with
the above requirements, it will provide you with a copy of the counter notification
and inform you that LeadGroups will replace the removed material in 10 business
days from the date of the counter notification unless LeadGroups first receives
notice from you that you have filed an action seeking a court order to restrain
the user from engaging in the allegedly infringing activity of uploading the Disputed
Item to the Site.
In accordance with Digital Millennium Copyright Act and other applicable law, LeadGroups
has adopted a policy of terminating, in appropriate circumstances and LeadGroups's
sole discretion, Users who are deemed to be repeat infringers. LeadGroups may also
at its sole discretion limit access to the Site and/or terminate the memberships
of any Users who infringe any intellectual property rights of others whether or
not there is any repeat infringement.
PLEASE NOTE THAT LEADGROUPS INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL
MILLENNIUM COPYRIGHT ACT BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING
AND REMOVING MATERAL THOUGHT TO BE INFRINGING.
XII. Confidentiality.
The Site is and contains confidential and proprietary information of LeadGroups.
You agree to hold in strict confidence, not to use or disclose to any third party,
and to take all necessary precautions to secure the confidentiality of any nonpublic
information of LeadGroups (collectively "Confidential Information"). You
agree to take all steps necessary to safeguard the Confidential Information against
unauthorized disclosure, reproduction, publication, or use, and to satisfy your
obligations hereunder. In accordance with this provision, you will maintain at least
the same precautions as you take in regard to your own confidential information,
but not less than reasonable care. You will not at any time, during or after the
conclusion of your use of the Site, directly or indirectly, divulge or disclose
for any purpose or use for its own benefit or for the purposes or benefit of any
other person any Confidential Information. You shall immediately advise LeadGroups
in writing of any improper disclosure, misappropriation, or misuse of the Confidential
Information, which may come to your attention.
XIII. Injunctive Relief.
Because of the unique nature of the Site and the services offered thereby, you understand
and agree that LeadGroups may suffer irreparable injury in the event you fail to
comply with any of these Terms and that monetary damages may be inadequate to compensate
LeadGroups for such breach. Accordingly, you agree that LeadGroups will, in addition
to any other remedies available to it at law or in equity, be entitled to immediate,
injunctive relief to enforce these Terms without the necessity of posting a bond.
XIV. Governing Law and Jurisdiction.
The Site is controlled and managed by LeadGroups from its offices in the United
States. Those who choose to access the Site from locations outside of the United
States are responsible for compliance with applicable local laws. The Site and the
Content have been specifically designed for use solely in the United States. You
must not use the Site or the Content in countries where it is restricted, prohibited
or limited by local laws, regulations, codes or customs. LeadGroups makes no warranty
or representation that the Site or the Content is appropriate or available for use
in locations outside of the United States. These Terms shall be governed by and
construed in accordance with the laws of the State of New Jersey, without reference
to its conflicts of laws principles. By using the Site, you submit to the exclusive
jurisdiction of and venue in the Federal District Court located in Newark, New Jersey
and the Superior Court of the State of New Jersey for Morris County to resolve any
dispute arising out of or in connection with these Terms, the Site or the Content,
and waive any objections thereto including those of inconvenient forum or similar
defenses.
No claim or cause of action based on these Terms, the Site or the Content, or your
access or use thereof, may be brought by you more than one (1) year after such claim
or cause of action arose.
XV. Miscellaneous.
(a) These Terms shall be binding upon you and LeadGroups and each of your or our
successors, assigns, executors and legal representatives, as applicable. You may
not assign your rights and obligations under these Terms without the prior written
consent of LeadGroups. Any attempt at such assignment without complying with the
foregoing shall be deemed null and void and of no effect.
(b) Waiver of a breach of or right hereunder will not constitute a waiver of any
other or subsequent breach or right. If any provision herein shall be held by a
court of competent jurisdiction to be contrary to law, that provision shall be changed
and interpreted so as to best accomplish the objectives of the original provision
to the fullest extent allowed by law, and the remaining provisions herein will remain
in full force and effect.
(c) LeadGroups will not be liable for any failure to perform its obligations hereunder
where such failure results from any cause beyond LeadGroups's reasonable control,
including, without limitation, mechanical, electronic or communications failure
or degradation.
(d) These terms operate to fullest extent permissible by law. Without limiting any
of these Terms, if any provision of these Terms shall be deemed unlawful or unenforceable
under any applicable law or jurisdiction will be ineffective to the extent that
it unlawful or unenforceable without affecting any other provision of these Terms.
(e) You agree that these Terms (including the Privacy Policy) as modified from time
to time, are the complete and exclusive statement of the agreement between LeadGroups
and you with respect to your access to and use of the Site and its Content, and
supersede and merge all prior or contemporaneous proposals, understandings and all
other agreements, oral and written, relating to the subject matter hereof.
(f) No change or amendment to these Terms by any party other than LeadGroups shall
be valid or enforceable against LeadGroups unless agreed to in writing by LeadGroups.
(g) If you have questions or comments, please contact us at:
LEADGROUPS, LLC
4917 Justin Dr
Plano, TX 75024
Email: support@leadgroups.com
Copyright 2009 LeadGroups, LLC. All rights reserved.