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YOUR ACCEPTANCE OF TERMS
These Terms of Use are entered into by and between you and Agency Leads, LLC (the "Company", "We", or "Our"). By accessing or using any of the Services (defined below), you acknowledge that you have read, understood, and expressly agree to be bound by and comply with these Terms Of Use, which together with any other documents incorporated by reference herein, (collectively, these "Terms Of Use") form a legally binding contract between you and the Company and govern your access to and use of the Website, and any applicable Services, including the mandatory arbitration provision set forth in Section 18.
ARBITRATION NOTICE: UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you are entering into these TOU on behalf of a company or other legal entity, you represent that you have full authority to bind such company or entity to these TOU, and that all references to "you" or "your" shall refer to such company or entity. If you do not agree, are unwilling or unable to comply with the provisions contained in these TOU, you must not access or use the Website or any of the Services made available through the Website.
By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these TOU, our Privacy Policy, and any other terms and conditions presented to you in connection with your access or use of the Website, and any of the Services, as may be applicable.
CHANGES TO THESE TOU
We may revise and update these TOU from time to time in our sole discretion by updating this posting, or by sending you email or written notification, and you consent to receive such notifications. All changes are effective immediately when we post them, and apply to all access to and use of the Website, or any applicable Services thereafter.
You are bound by any revisions and should therefore periodically revisit this page to review the current TOU and make sure that you add sales@aeleads.com to your email address book to help ensure you receive email notification from us. The Company is not responsible for any automatic filtering employed by your network provider in connection with email notifications.
Your use of the Website or any of the Services after the effective date of any revision to these TOU constitutes your agreement to any updated terms of these TOU.
If you do not agree to the modified terms and conditions, you should discontinue using the Website and/or the Services.
DESCRIPTION OF SERVICES
These TOU, together with any additional terms and conditions presented to you upon your use or access of the Website and/or purchase of Services, govern your use of all of the following (collectively, the "Services"):
By using any Application to enable, augment or enhance your use of the Website, you are explicitly confirming your acceptance of the terms and conditions of the end user license agreement associated with the Application provided at download or installation, or as may be updated from time to time.
Any inconsistencies between terms and conditions shall be construed so that the more restrictive terms and conditions shall apply.
The Services do not include support of the Website or the Services. The Company makes no guarantees as to the availability of the Website or the Services.
ACCESSING THE WEBSITE
The public portions of our Website do not require registration to browse and enjoy, and are offered and intended only for the use by persons aged 18 years or older who reside in, access, or use the Website from within the United States of America, and who comply with and agree to abide by these TOU.
By using the Website or any of our Services, you represent and warrant that you are of legal age to form a binding contract with the Company, that your access and use of the Website and the Services shall be solely for their intended purposes as described in these TOU, shall comply with all applicable laws, rules and regulations, including but not limited to the CAN-SPAM Act of 2003 , and laws pertaining to telemarketing, solicitation, privacy (collectively, "Laws"), as the same may be amended.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some part of the Website, or the entire Website, to users, including Authorized Users.
You are responsible for (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these TOU and comply with them.
ACCESS TO SUBSCRIPTION SERVICES
Access to our Databases and other non-public subscriber-only areas of our Website and Services are offered and intended only for Authorized Users on behalf of Authorized Businesses in connection with Free Trial Subscriptions or Paid Subscriptions, and are subject to the terms and conditions of the Company's Subscription Agreement. Each user of subscriber-only Services must be an Authorized User, meeting all of the eligibility requirements set forth in the Subscription Agreement, and currently employed by an Authorized Business.
Authorized Businesses are those businesses, organizations or other legal entities whose subscription to the Services has been pre-approved by the Company, have completed and submitted a subscription registration form and either purchased a subscription to the Services ("Paid Subscription") for the period of time for which it has paid the Company (the "Subscription Period"), or been granted a free trial subscription ("Free Trial Subscription") - Any Free Trial Subscription will be treated hereunder in the same manner as a Paid Subscription subject to these TOU - and have affirmatively agreed to be bound by these TOU, the Subscription Agreement, and any other agreements between you and the Company applicable to your access and use of the Services, the terms and conditions of which are incorporated herein by reference.
To speak with a Company representative about becoming an Authorized Business, please contact us using the Contact information set forth in Section 24, or submit a request for information by completing and submitting our online request form, and a representative will contact you. The Company reserves the right in its sole discretion to refuse to grant any business, organization or other legal entity "Authorized Business" status.
The Company reserves the right to refuse to provide you access to the Services or to allow you to open a User Account for any reason.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures in connection with your registration as an Authorized User, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any subscriber-only Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOU.
You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
The Company Content, and the design, selection and arrangement thereof, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company has expended significant resources gathering, assembling and compiling the data sets contained in the Services, as such the Services constitute valuable intellectual property of the Company. Except for the limited license granted herein, no right, title or interest in or any Company Content is transferred to you, and the Company hereby reserves all rights not expressly granted herein in the Services. Any use of the Company Content not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark and other laws. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.
Any personal data you transmit to the Website by electronic mail or otherwise, will be used by the Company in accordance with its online Privacy Policy which is incorporated herein and subject to these TOU. Any other communication or material you transmit to the Company, such as questions, comments, suggestions, or ideas will be treated as nonconfidential and nonproprietary.
LIMITED LICENSE
Subject to your compliance with these TOU, the Company grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable limited license to use the Company Content solely for your personal, non-commercial use only, or, if an Authorized User, then on behalf of your current employer, provided such employer is an Authorized Business, and then solely for its legitimate and ordinary internal business purposes only in accordance with these TOU.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on or accessible through our Website, except as follows:
The Company may terminate your license at any time for any reason or no reason without notice.
PROHIBITED CONDUCT
In accessing or using the Website or any of the Services, you hereby acknowledge and agree that you shall not engage in any of the following prohibited activities:
USER CONTRIBUTIONS
The Website may contain interactive blogs, message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these TOU.
CONTENT STANDARDS
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Laws. Without limiting the foregoing, User Contributions must not:
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
COPYRIGHT INFRINGEMENT
If you believe that any User Contributions violate your copyright, or if you believe that the Website or Services contain content that infringes on your copyright, please forward the following information to Agency Leads, LLC, 955 Goffs Falls Road, P.O. Box 4864, Manchester NH 03108, Attn: DCMA Customer Support or by email to sales@aeleads.com.
SUBSCRIPTION AGREEMENT AND OTHER TERMS AND CONDITIONS
All subscriptions through our Website for the access and use of subscriber-only Services and resources are governed by our Subscription Agreement, and made subject to compliance with these TOU.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these TOU.
LINKS FROM THE WEBSITE
The Company does not endorse or make any representations or warranties with respect to third party websites, products, services, advertisers or information accessible via the Website ("Third Party Materials"), and these TOU do not govern any such Third Party Materials. The Company does not review sites that link to the Website, or any third party sites (including social media plug-ins) which you may access or link to through the Website, and is not responsible for the content or the privacy policies of any off-Website pages. Your linking to or accessing any Third Party Materials is at your own risk. You are encouraged to review the terms and conditions and privacy policies of all such third-party sites, and you hereby release the Company from any and all losses, liability and damages arising from your access or use of any third party websites and/or Third Party Materials.
DISCLAIMER OF WARRANTIES
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF ANY OF THE SERVICES, INCLUDING THE WEBSITE, DATABASES AND COMPANY CONTENT ARE AT YOUR OWN OPTION AND RISK. ALL SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE COMPANY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE COMPANY CONTENT IS CORRECT, COMPLETE, SECURE, ACCURATE, RELIABLE, OR FREE FROM ERRORS AND OMISSIONS; THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; THAT THE SERVICES WILL BE UN-INTERRUPTED AND SECURE, FREE FROM VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, EQUIPMENT OR OTHER PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE THAT A NUMBER OF INHERENT RISKS EXIST IN ALL INTERNET TRANSACTIONS, INCLUDING BUT NOT LIMITED TO THEFT AND DAMAGE CAUSED BY HACKERS AND VIRUSES, AND AS SUCH THE COMPANY MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND AS TO THE SECURITY OR SAFETY OF ANY INFORMATION TRANSMITTED VIA YOUR USER ACCOUNT, INCLUDING ANY PAYMENT INFORMATION, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY BREACH THEREOF.
WE MAY UPDATE THE CONTENT ON THIS WEBSITE, INCLUDING THE DATABASES FROM TIME TO TIME, BUT THE COMPANY CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE. ANY OF THE MATERIAL ON OR ACCESSIBLE THROUGH THE WEBSITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.
SOME TELEPHONE NUMBERS IN THE DATABASES MAY BE ON A "DO NOT CALL" OR "DO NOT CONTACT" LIST. THE COMPANY DOES NOT INDEPENDENTLY VERIFY WHETHER ANY SUCH TELEPHONE NUMBERS ARE CONTAINED IN ANY CENTRAL "DO NOT CALL" REGISTRIES. BY USING THE INFORMATION PROVIDED IN THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU WILL USE SUCH INFORMATION IN ACCORANCE WITH APPLICABLE LAWS, AND WILL INDEPENDENTLY VERIFY AS NEEDED WHETHER ANY CONTACTS IN THE DATABASE HAVE REGISTERED A PREFERENCE NOT TO RECEIVE UNSOLICITED SALES AND MARKETING TELEPHONE CALLS.
THE COMPANY STRIVES FOR 24/7 ACCESS TO THE SERVICES, BUT IT SHALL NOT BE RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY DISRUPTION TO THE SERVICES, OUTAGES, DOWN-TIME, OR THE LIKE, REGARDLESS OF CAUSE OR DURATION.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE COMPANY, NOR ANY OF ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES RESULTING FROM OR ARISING OUT OF YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, ANY OF THE SERVICES.
SOME JURIDISCISONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE FOR, AND ALL LIABILITY IS HEREBY DISCLAIMED FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM (I) HACKING, TAMPERING, VIRUSES OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVER, THE SERVICES, YOUR USER ACCOUNT OR ANY OF THE INFORMATION CONTAINED THEREIN; (II) ERRORS OR OMISSIONS IN ANY CONTENT; (III) ILLEGAL, OFFENSIVE, OR DEFAMATORY CONDUCT OF ANY THIRD PARTY (IV) USER CONTENT; (V) SERVICE INTERRUPTIONS; (VI) DATA LOSS OR DATA CORRUPTION ARISING FROM YOUR ACCESS OR USE OF THE SERVICES; OR (VII) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE SERVICES.
IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE PAID TO THE COMPANY HEREUNDER, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
INDEMNIFICATION
You agree to defend (at the Company's election and request), indemnify and hold the Released Parties harmless from and against any and all third-party claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities using the Services or those conducted on your behalf): (i) your access to or use of the Services, including any User Contributions; (ii) your breach or alleged breach of these TOU; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Company in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the Company's prior written consent.
GOVERNING LAW AND JURISDICTION
These TOU are governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law. For any action at law or in equity relating to the arbitration provision of these TOU, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in the United States District Court for the District of New Hampshire, or the appropriate state court located in Hillsborough County, New Hampshire, and to submit to the personal jurisdiction of the courts located in New Hampshire for the purpose of litigating all such disputes.
If any provision of these TOU is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions. The Company's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. The Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with the Company.
ARBITRATION
Unless you opt out of arbitration pursuant to the opt-out procedure below, you agree that any and all disputes arising between you and the Company relating to your access and use of the Services, these TOU, and/or rights of privacy and/or publicity shall be resolved exclusively through final and binding arbitration rather than in court. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU ACKNOWLEDGE AND AGREE THAT BY OPTING OUT OF ARBITRATION IN ACCORDANCE WITH THE BELOW PROCEDURES, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") including its Supplementary Procedures for Consumer-Related Disputes, available at www.adr.org, and you and the Company hereby expressly waive trial by jury. Your share of arbitration fees and arbitrator compensation shall be governed by such rules. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this agreement and you have no right or authority to pursue a dispute in a purported representative capacity on behalf of the general public or any other persons. Arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, you and the Company agree to arbitrate the dispute through the AAA center in Boston, Massachusetts, unless another location is mutually agreed upon between you and the Company. The arbitrator must follow applicable law. Any ruling, decision or award by the arbitrator, including all aspects of arbitration proceedings, will be strictly confidential for the benefit of all parties. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
Excluded Disputes
The following disputes are not subject to the above provisions concerning arbitration: (1) disputes seeking to enforce or protect the validity of any of the Company's or your intellectual property rights; (2) disputes relating to unauthorized use, theft, or piracy; (3) claims for injunctive relief; and (4) small claims disputes, subject to the governing law and venue provisions set forth in Section 17.
Opt-Out Procedures
You may opt out of this agreement to arbitrate. If you do opt out, neither you nor the Company can require the other to participate in an arbitration proceeding. To opt out, you must send written notice of your decision to opt out to the Company using the contact information listed below. Notice must be sent to the Company within thirty (30) days of your initial registration to use any of the Services, whether through a Free Trial Subscription, Paid Subscription, or downloading an Application.
Your written notice must include: your company's name and address, the name, title, telephone number and email address of the person executing the written notice on your company's behalf, and a clear statement of your company's intention to opt out of this arbitration agreement. Written notice shall be sent to: Agency Leads, LLC, 955 Goffs Falls Road, P.O. Box 4864, Manchester NH 03108, ATTN: Arbitration Opt-Out.
Failure to send written notice in accordance with this provision shall mean that you are bound to arbitrate disputes in accordance with these TOU.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR ANY SERVICES ACCESSED THROUGH THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ASSIGNMENT AND WAIVER
The Company may assign these TOU at its sole discretion. You may not assign, sublicense, or otherwise transfer these TOU, or the limited license granted to you hereunder, in whole or in party to any other person, entity, or organization. No waiver of any provision of these TOU shall be deemed a further and continuing waiver of such term or any other term. Any failure by the Company to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
RELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these TOU, your access and/or use of the Services. Neither party has any authority to make any statements, representations or commitments of any kind, or take any actions that shall bind the other, except as provided herein, or specifically authorized by the other party in writing.
ENTIRE AGREEMENT
These TOU, our Privacy Policy, Subscription Agreement, and any other terms and conditions presented to you in connection with your access and use of the Services constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
NOTICE PROCEDURES
Notices required by law, permitted hereunder, or in connection with marketing or other business related purposes may be provided to you, via your most recent email on file, through written or hard copy notice, or through conspicuous postings on the Website. You hereby consent to the receipt of such notices, provided that you may elect to opt out of certain means of communication (i.e. such as marketing emails).
Under California Civil Code Section 1789.3, California users of the Services are provided with the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
CONTACT INFORMATION
If you have any questions concerning any of the terms and conditions set forth in these TOU, or your experience with the Services, please contact sales@aeleads.com (603) 657-4976Main requirements of CAN-SPAM ACT of 2003
INTRODUCTION/SCOPE
This Privacy Policy (this "Policy") describes the types of information Agency Leads, LLC ("Company", or "We") may collect from you or that you may provide when you visit the website www.aeleads.com (our "Website"), use any of our mobile applications ("Applications"), or use and access products and services made available to you through the Website, including our proprietary databases and any subscriber-only products and services ("Products") (collectively, "Services") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect:
It does not apply to information collected by:
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you must not use our Services. By accessing or using our Services, you agree to this Policy. This Policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Capitalized terms that are not defined in this Policy have the meaning given to them in our Terms of Use, or any other contractual document between you and us.
CHANGES TO OUR POLICY
It is our policy to post any changes we make to our Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account, or through a notice on the Website home page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect this information:
Information You Provide to Us.
The information we collect on or through our Services may include:
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, devices, browsing actions, and patterns, including:
The information we collect automatically may include personal information. We may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver better and more personalized Products, including by enabling us to:
TECHNOLOGIES WE USE FOR AUTOMATIC DATA COLLECTION MAY INCLUDE:
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
DISCLOSURE OF YOUR PERSONAL AND NON-PERSONAL INFORMATION
We may disclose aggregated information about our users, and non-personal information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this Policy:
We may also disclose your personal information:
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at admin@aeleads.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.roper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.
LINKS TO OTHER WEBSITES
Our Services may include links to websites or services operated by third parties, including but not limited to social media plug-ins, whose policies may include different privacy practices and policies than we have. Please be aware that when you click through to third-party websites, this Policy no longer applies and we are not responsible for the privacy practices of third party websites. You are encouraged to review the privacy practices and policies of each website that you visit.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, or choose to opt out of such disclosures. To make such a request, please send an email to admin@aeleads.com, or write us at: Agency Leads, LLC, 955 Goffs Falls Road, Manchester, New Hampshire 03108.
NOTIFICATION PROCEDURES
We may provide notices to you in connection with this Policy or your use of the Services, whether such notifications are required by law, or for marketing or other business related purposes. Such notices may be provided by email, written (mailed) notice, or the posting of such notice on our Website. Your use of our Services constitutes your express consent to receive all such notices, except that you may opt out of certain notices (i.e. marketing) as described in this Policy.
DATA SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) login/password credentials for access to certain parts of our Website, you are responsible for keeping this password confidential. You are prohibited from sharing your login/password credentials with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If you believe we might have any information from or about a child under 13, please contact us using the contact information provided below.
CONTACT INFORMATION
To ask questions or comment about this Policy and our privacy practices, contact us at:admin@aeleads.com, (603) 657-4976, or write to us at: Agency Leads, LLC, 955 Goffs Falls Road, P.O. Box 4864, Manchester, New Hampshire 03108.
1. YOUR ACCEPTANCE OF TERMS
BY CHECKING THE "I AGREE" BOX DISPLAYED AS PART OF THE ONLINE ORDERING PROCESS OR INITIAL LOGIN, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") BETWEEN AGENCY LEADS, LLC (THE "COMPANY", OR "WE") AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES PROVIDED BY THE COMPANY TO YOU DURING YOUR CHOSEN SUBSCRIPTION PERIOD, INCLUDING ANY FREE TRIAL SUBSCRIPTION PERIOD, AS IDENTIFIED IN YOUR SUBSCRIPTION REGISTRATION FORM ("SUBSCRIPTION"). IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. ALL USES OF THE SERVICES PROVIDED HEREUNDER ARE SOLELY FOR YOUR LEGITIMATE AND ORDINARY INTERNAL BUSINESS PURPOSES AND SHALL NOT BE RESOLD, LICENSED, ASSIGNED OR TRANSFERRED TO ANY THIRD PARTY.
IF YOU DO NOT HAVE AUTHORITY, ARE NOT AN AUTHORIZED USER ACCESSING THE SERVICES ON BEHALF OF AN AUTHORIZED BUSINESS, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT CHECK THE "I AGREE" BOX OR OPEN A USER ACCOUNT, AND YOU MUST NOT ACCESS OR USE THE SERVICES.
2. SCOPE
The terms and conditions of this Agreement apply to and govern the Services made available to you pursuant to your Subscription (whether paid or free) which may include: a limited license for your access and use of one or more databases developed and maintained by the Company, each of which consists of proprietary information in addition to the proprietary organization, structure, compilation, architecture and formatting of all information therein ("Databases"); the access and use of other subscriber-only areas of the Company's website www.aeleads.com (the "Website"); including all content, data, text, images, illustrations, logos, materials, information, trademarks, videos, and all other content available through the Website and the Databases (the "Company Content"), and any other services offered by the Company to which you may subscribe (collectively, "Services").
All access to and use of the Services is subject to your compliance with, and affirmative acceptance of, this Agreement, our Terms of Use and Privacy Policy (collectively, the "Company's Agreements"), all of the terms and conditions of which are incorporated herein by reference.
3. AUTHORIZED USERS
To access our subscriber-only Services, you must be an Authorized User. The Company reserves the right to refuse to provide you access to the Services for any reason.
If you do not meet all of the requirements set forth herein, you are not an Authorized User, and you must not access or use the Services.
Our Services that require login and password information are available only to Authorized Users who (i) meet all of the eligibility requirements set forth below and (ii) are currently employed by Authorized Businesses. Authorized Businesses are those businesses, organizations or other legal entities whose subscription to the Services has been approved by the Company, have completed and submitted the online registration form and either purchased a subscription to the Services ("Paid Subscription") for the period of time for which it has paid the Company (the "Subscription Period"), or been granted a free trial subscription ("Free Trial Subscription") - Any Free Trial Subscription will be treated hereunder in the same manner as a Paid Subscription subject to this Subscription Agreement - and have affirmatively agreed to be bound by this Agreement and our Terms of Use, and any other agreements between you and the Company applicable to your access and use of the Services, the terms and conditions of which are incorporated herein by reference.
Authorized Users are those persons aged 18 years or older who: (i) reside in, access, or use the Website from within the United States of America; (ii) access and use the Services on behalf of their current employer, provided such employer is an Authorized Business, solely for such employer's legitimate and ordinary internal business purposes, (iii) are accessing and using the Services pursuant to a Paid Subscription or Free Trial Subscription, (iv) have not previously had their User Accounts (defined below) terminated by the Company for any reason, (v) are not using the Services to compete with, or to assist any other person or entity in competing with, the Company, and (vi) fully comply with and affirmatively agree to abide by this Agreement, our Terms of Use, and any other terms and conditions made applicable to the Services.
You are prohibited from sharing login and password information with any other third party, including colleagues employed by the same employer. You acknowledge that your User Account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information.
To access restricted portions of the Website, including the Databases, you may be asked to provide certain registration details or other information. You represent and warrant that all information provided by you to the Company, in connection with the user account made available to you by the Company upon your successful registration as an Authorized User ("User Account"), is true, accurate, current and complete, that you are authorized to provide such information to the Company, and that you shall maintain and update any information as needed. You agree that all information you provide to register with the Website or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You further acknowledge and agree that you remain solely responsible for all activity that occurs in connection with your User Account, and you understand the need to maintain the security of your User Account's login and password information. Under no circumstances will the Company be liable to you for any losses caused by any unauthorized use of your User Account.
If you choose, or are provided with any login information, such as a user name, password, passcode or any other piece of information as part of our security procedures to access your User Account you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement, or our Terms of Use.
We reserve the right to withdraw or amend the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of our Services, to users, including Authorized Users. You are responsible for: (i) making all arrangements necessary for you to have access to the Servers; and (ii) ensuring that all persons who access the Services through your internet connection are aware of this Agreement, our Terms of Use and comply with them.
By accessing and using our Services, you represent and warrant that you are of legal age to form a binding contract with the Company, that you meet all of the foregoing eligibility requirements, and that your access and use of the Website and the Services shall be solely for their intended purposes as described in these TOU, shall comply with all applicable laws, rules and regulations, including but not limited to the CAN-SPAM Act of 2003[ Information for this link is provided at the end of this document] , and laws pertaining to telemarketing, solicitation, and privacy (collectively, "Laws"), as the same may be amended.
4. AUTHORIZED BUSINESS OBLIGATIONS
You agree to grant access, including any login and password information, only to Authorized Users, and to access and use the Services solely during the term of your Subscription Period, in accordance with the terms and conditions of this Agreement, our Terms of Use, and in compliance with all applicable Laws.
You shall pay the applicable fees for your Subscription as and when due. You agree to provide us written notification of the names, titles, work email addresses and telephone numbers of Authorized Users prior to any Authorized User's being permitted to access and use the Services to which you've subscribed.
You are responsible for obtaining any and all hardware, software or other connections, equipment or devices necessary to access and use the Services.
You retain sole responsibility for use of the Services by Authorized Users, including the usage of any and all passcodes and User Accounts, and access and use of Services in accordance with the terms and conditions of this Agreement, and our Terms of Use.
You agree to promptly notify the Company after the departure of any Authorized User from your employment, and we reserve the right to cancel any passcode or User Account and issue a replacement, upon your written notification and request, provided any such replacement will be directed toward a current employee who qualifies as an Authorized User. We reserve the right to periodically change passcodes upon notification to you.
If we determine that our Services are being accessed by persons who do not qualify as Authorized Users, or that User Accounts and/or passcodes are being used by more than one person, then we reserve the right to invoice you for any additional users for the remainder of the then current Subscription Term and/or terminate any User Accounts, revoke Authorized Business Status, or pursue any other measures or available legal remedies, whether at law or in equity, in our sole discretion.
5. LIMITED LICENSE AND CONDITIONS OF USE
Subject to your compliance with this Agreement, our Terms of Use, and any other agreement between you and the Company governing your use and access of the Services, the Company grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable limited license to use the Services solely on behalf of your current employer, provided such employer is an Authorized Business, and then solely for its legitimate and ordinary internal business purposes only in accordance with this Agreement.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on or accessible through our Services, except as follows:
The Company may modify, suspend, limit, or terminate your license at any time for any reason or no reason without notice.
6. PROHIBITED CONDUCT
The Company hereby reserves the right to suspend, modify, restrict or terminate your User Account or revoke your Authorized Business status if the Company suspects you have engaged or attempted to engage in any of the following prohibited acts. Violations shall be determined by the Company in its sole discretion and its decisions shall be final and binding in all respects. The Company has no obligation to provide you with advance notice of any suspension, modification, restriction or termination of your User Account or revocation of Authorized Business status in connection with any violation or suspected violation of these, or any other terms and conditions of this Agreement or our Terms of Use, and may seek all available remedies at law or in equity. No portion of your subscription fee will be refunded in the event your User Account is suspended, modified, restricted or terminated, or your Authorized Business status is revoked.
In accessing or using the Services, you hereby acknowledge and agree that you shall not engage in any of the following prohibited activities:
7. SUBSCRIPTION FEES/TERM AND TERMINATION:
Free Trial Subscriptions and Paid Subscriptions: To access and use the Services through a Free Trial Subscription or Paid Subscription, you must be an Authorized User in receipt of a temporary username and password from the Company which you will be prompted to change after your initial login. You may be required to submit the following details in writing to the Company: Your name, title, name and address of employer, work telephone number and work email address. Your Free Trial Subscription, or Paid Subscription, as the case may be, will commence on the date that the Company issues your temporary username and password, and will automatically terminate upon the expiration of your designated Free Trial Subscription period, or the expiration of your paid Subscription Period. Your use of the Services pursuant to a Free Trial Subscription or a Paid Subscription is subject to your compliance with and affirmative acceptance of this Agreement and our Terms of Use.
Monthly, Quarterly, and Yearly Subscription Periods: Fees for monthly (calculated as 30 days), quarterly or yearly subscription packages, are due upon the date you submit to the Company all requisite information required for the applicable Subscription Period, including valid credit card information, and checking the “I Agree” boxes acknowledging your affirmative acceptance of this Agreement and our Terms of Use. For quarterly and yearly packages, your credit card on file will be charged at the beginning of each new 30-day period for the duration of your Subscription Period. Upon the expiration of your applicable Subscription Period, your Subscription will not be automatically renewed. You will need to complete and submit a new subscription registration form for each additional period in which you desire to access the Services.
If at any time your credit card is declined or charges cannot be processed for any reason, you acknowledge that the Company will not provide the Services for the period applicable to those fees and your Subscription Period may be deemed terminated.
For all Paid Subscription Periods:
No Refunds: In the event of early termination of your Paid Subscription Period for any reason, whether voluntarily, or for your breach or suspected breach of any of the terms and conditions of the Company Agreements, you will not receive any refund (pro rata or otherwise), credit, exchange, or the like for any unused time under the remainder of your Subscription Period, although you may cancel your Subscription at any time, which such termination shall be effective as of the expiration of the 30-day period in which the Company received written notice of your desire to terminate your Subscription in accordance with the procedure set forth below. Notwithstanding the foregoing, the Company reserves the right in its sole discretion to charge your credit card in the amount of any underpayment of fees due to your early termination, and you hereby consent to such true-up. For example, if you registered for the Yearly Subscription Period and cancelled your Subscription after 60 days, the Company reserves the right to charge your credit card the difference between the reduced monthly rate you paid under the Yearly Subscription Period, and the applicable monthly rate that would have been due under the Monthly Subscription Period.
Termination of Subscription: If you register and pay the applicable fee to access or use any of the Services, you acknowledge and agree to the pricing and payment terms applicable to your subscription arrangement, including any subsequent amendments or updates the Company may make to its applicable subscription fees, charges or Services. If you do not agree with subsequent amendments or updates, or wish to cancel your Subscription for any reason, you may send notice to the Company in writing via first class mail to the address set forth below, return receipt requested, informing the Company of your desire to terminate your Subscription and including your contact information; or, written notice may be sent via electronic format to admin@aeleads.com. Termination of your Subscription will be made effective as of the expiration of the 30-day period in which the Company received written notice of your desire to terminate your Subscription.
Termination of License: Upon termination of your Subscription for any reason, the limited license granted to you pursuant to this Agreement, the Terms of Use, and any other applicable agreement between you and the Company, shall immediately terminate, and you agree to cease using the Services, including any of the content derived therefrom, and you acknowledge that the Company may request certification of your compliance herewith.
Responsibility for Fees: You are responsible for any and all charges, fees, and taxes associated with your use of any of the Services, including in connection with the use of your credit card in connection with your purchase and use of any Services. You are responsible for all reasonable expenses, charges, and fees (including reasonable attorneys' fees) the Company may incur in collecting, or attempting to collect, any delinquent amounts from you, expect to the extent any delinquent amounts are due to the Company's billing inaccuracies.
No Extension Of Subscription Period for Unavailability: In the event any Services are unavailable, inaccessible, or otherwise function improperly during any portion of your Subscription Period, your Subscription Period will not be extended, except in the Company's sole discretion, and you will not receive any refund (pro rata or otherwise), credit, exchange or the like for the period in which the Services were unavailable, inaccessible, or otherwise functioning improperly.
8. INTELLECTUAL PROPERTY
The Company, its providers and licensors, as the case may be, are the sole owners of all services, functions, design, formatting, layout, data compilation, trademarks, trade secrets and all other proprietary rights that form a part of, or are otherwise related to the Services. The Company has expended significant resources gathering, assembling and compiling the data sets contained in the Services, as such, the Services are proprietary to the Company, and you acknowledge that you do not have any ownership rights in any of the Company's Services, but only a limited license to access or use any of the Services in full compliance with the terms and conditions of the Company's Agreements. You are prohibited from using the Company's trademarks or trade names in any manner without the Company's express written consent.
9. DISCLAIMER OF WARRANTIES
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF ANY OF THE SERVICES, INCLUDING THE WEBSITE, DATABASES AND COMPANY CONTENT ARE AT YOUR OWN OPTION AND RISK. ALL SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE COMPANY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE COMPANY CONTENT IS CORRECT, COMPLETE, SECURE, ACCURATE, RELIABLE, OR FREE FROM ERRORS AND OMISSIONS; THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; THAT THE SERVICES WILL BE UN-INTERRUPTED AND SECURE, FREE FROM VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, EQUIPMENT OR OTHER PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE THAT A NUMBER OF INHERENT RISKS EXIST IN ALL INTERNET TRANSACTIONS, INCLUDING BUT NOT LIMITED TO THEFT AND DAMAGE CAUSED BY HACKERS AND VIRUSES, AND AS SUCH THE COMPANY MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND AS TO THE SECURITY OR SAFETY OF ANY INFORMATION TRANSMITTED VIA YOUR USER ACCOUNT, INCLUDING ANY PAYMENT INFORMATION, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY BREACH THEREOF.
WE MAY UPDATE THE CONTENT ON THIS WEBSITE, INCLUDING THE DATABASES FROM TIME TO TIME, BUT THE COMPANY CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE. ANY OF THE MATERIAL ON OR ACCESSIBLE THROUGH THE WEBSITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.
SOME TELEPHONE NUMBERS IN THE DATABASES MAY BE ON A "DO NOT CALL" OR "DO NOT CONTACT" LIST. THE COMPANY DOES NOT INDEPENDENTLY VERIFY WHETHER ANY SUCH TELEPHONE NUMBERS ARE CONTAINED IN ANY CENTRAL "DO NOT CALL" REGISTRIES. BY USING THE INFORMATION PROVIDED IN THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU WILL USE SUCH INFORMATION IN ACCORANCE WITH APPLICABLE LAWS, AND WILL INDEPENDENTLY VERIFY AS NEEDED WHETHER ANY CONTACTS IN THE DATABASE HAVE REGISTERED A PREFERENCE NOT TO RECEIVE UNSOLICITED SALES AND MARKETING TELEPHONE CALLS.
THE COMPANY STRIVES FOR 24/7 ACCESS TO THE SERVICES, BUT IT SHALL NOT BE RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY DISRUPTION TO THE SERVICES, OUTAGES, DOWN-TIME, OR THE LIKE, REGARDLESS OF CAUSE OR DURATION.
10. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE COMPANY, NOR ANY OF ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES RESULTING FROM OR ARISING OUT OF YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, ANY OF THE SERVICES.
SOME JURIDISCISONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE FOR, AND ALL LIABILITY IS HEREBY DISCLAIMED FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM (I) HACKING, TAMPERING, VIRUSES OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVER, THE SERVICES, YOUR USER ACCOUNT OR ANY OF THE INFORMATION CONTAINED THEREIN; (II) ERRORS OR OMISSIONS IN ANY CONTENT; (III) ILLEGAL, OFFENSIVE, OR DEFAMATORY CONDUCT OF ANY THIRD PARTY (IV) USER CONTENT; (V) SERVICE INTERRUPTIONS; (VI) DATA LOSS OR DATA CORRUPTION ARISING FROM YOUR ACCESS OR USE OF THE SERVICES; OR (VII) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE SERVICES.
IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE PAID TO THE COMPANY HEREUNDER, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
11. INDEMNIFICATION
You agree to defend (at the Company's election and request), indemnify and hold the Released Parties harmless from and against any and all third-party claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities using the Services or those conducted on your behalf): (i) your access to or use of the Services, including any User Contributions; (ii) your breach or alleged breach of this Agreement, or any of the Company Agreements; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Company in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the Company's prior written consent.
12. AMENDMENTS
The Company reserves the right to modify any of the terms and conditions of this Agreement, or provide additional usage requirements or limitations in its sole discretion at any time by posting a revised version of this Agreement on its Website, or by otherwise notifying you of such revised terms and conditions, and you hereby consent to receiving all such notifications. The Company may terminate, modify or suspend any Services in its sole discretion at any time without prior notice to you, and may restrict access to certain Services which you previously may have been permitted to access. Your continued use of the Services after posting or notification of any such modifications constitutes your agreement to all such revisions to this Agreement.
13. ARBITRATION
Unless you opt out of arbitration pursuant to the opt-out procedure set forth in the TOU, ANCHORED TO RELEVANT ARBITRATION PROVISION], you agree that any and all disputes arising between you and the Company relating to this Agreement, and/or your access and use of the Services, shall be resolved exclusively through final and binding arbitration rather than in court. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU ACKNOWLEDGE AND AGREE THAT BY OPTING OUT OF ARBITRATION IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THE TOU, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
14. GOVERNING LAW AND VENUE
This Agreement is governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law. For any action at law or in equity relating to the arbitration provision of this Agreement, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in the United States District Court for the District of New Hampshire, or the appropriate state court located in Hillsborough County, New Hampshire, and to submit to the personal jurisdiction of the courts located in New Hampshire for the purpose of litigating all such disputes.
15. TIME LIMITATION ON CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. CONFIDENTIALITY
The Services and other materials provided or disclosed by the Company in connection with this Agreement contain confidential and proprietary information that is not in the public domain, that is of commercial value to the Company because of it not being generally known, and which is the subject of reasonable efforts to maintain its secrecy or confidentiality, including but not limited to data concerning employers and their existing relationships with staffing agencies (collectively, "Confidential Information"). You agree to use such Confidential Information solely as may be necessary and appropriate for you to receive the intended benefit of the Services provided hereunder, in accordance with this Agreement and our Terms of Use. You agree to hold such information in strict confidence and shall use at least a reasonable standard of care to maintain the confidentiality thereof.
17. SEVERABILITY/NO WAIVER
If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. The Company's failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. No waiver of any provision of this Agreement will be deemed a further or continuing waiver of such term or condition or any other term or condition. The Company reserves the right to change its dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with the Company.
18. RELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement, your access and/or use of the Services. Neither party has any authority to make any statements, representations or commitments of any kind, or take any actions that shall bind the other, except as provided herein, or specifically authorized by the other party in writing.
19. ASSIGNMENT
The Company may assign this Agreement at its sole discretion. You may not assign, sublicense, or otherwise transfer this Agreement, or the limited license granted to you hereunder, in whole or in part to any other person, entity, or organization.
20. ENTIRE AGREEMENT
This Agreement, together with the Terms of Use, Privacy Policy, and any other terms and conditions presented to you in connection with your access and use of the Services constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
CAN-SPAM's main requirements:
1. Don't use false or misleading header information. Your "From," "To," "Reply-To," and routing information - including the originating domain name and email address - must be accurate and identify the person or business who initiated the message.
2. Don't use deceptive subject lines. The subject line must accurately reflect the content of the message.
3. Identify the message as an ad. Disclose clearly and conspicuously that your message is an advertisement.
4. Tell recipients where you're located. Your message must include your valid physical postal address. This can be your current street address, a post office box you've registered with the U.S. Postal Service, or a private mailbox you've registered with a commercial mail receiving agency established under Postal Service regulations.
5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that's easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn't block these opt-out requests.
6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient's opt-out request within 10 business days. You can't charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don't want to receive more messages from you, you can't sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you've hired to help you comply with the CAN-SPAM Act.
7. Monitor what others are doing on your behalf. Even if you hire another company to handle your email marketing, you can't contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
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