THESE TERMS AND CONDITIONS, TOGETHER WITH LEADAVENUE’S (“WE”, “US”, “OUR”, “OURS”, THE “WEBSITE”) PRIVACY POLICY, PROCLAIM TERMS OF YOUR (“YOU”, “YOUR”, “YOURS”, “CUSTOMER”, “CUSTOMERS, “USER”, “USERS”, “APPLICANT”, “APPLICANTS”) USE AND ACCESS TO OUR SERVICES THAT ARE AVAILABLE THROUGH LEADAVENUE.COM. PLEASE CONSIDER THESE TERMS AND CONDITIONS AS A LEGALLY BINDING AGREEMENT FORMED BETWEEN YOU AND LEADAVENUE. YOU ARE RESPONSIBLE FOR THE USAGE OF OUR WEBSITE AND ANY RESULT CAUSED BY IT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE IN ANY MANNER.
We reserve the right to change, modify, or update these Terms and Conditions at our sole discretion whenever the need arises. Notice about applicable changes will be posted on our Website. Changes, modifications, or updates of this document enter into force instantly once posted on our Website. Please be informed; if you continue to use our Website after applicable changes apply, you accept to be bound by such changes. Thus we strongly advise reviewing this document regularly and stay up to date.
TERMS AND CONDITIONS
GRANTED LICENSE
These Terms and Conditions grant our Users a non-exclusive, non-sublicensable, limited, and non-transferable authorization to use our Services solely in support of your personal and/or internal commercial purposes.
LICENSE LIMITATIONS
Users are not allowed to do, or authorize third-parties, any of the following:
- Use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit our Website in whatever form not clearly described in the document.
- Reverse engineer, decompile, disassemble, translate or attempt to create any derivative works of the Service.
- Reverse engineer, decompile, disassemble or attempt to access or make use of the source code of our Website.
- Remove, alter, or obscure any proprietary or intellectual rights notice contained in LeadAvenue.com.
USER OBLIGATIONS
Your access to, and all of your use of the Website, Products, and/or Services must be lawful and must be in compliance not only with these Terms and Conditions and but also with any applicable international, national, federal, state, or local law, rule, or regulation having the force of law. You are solely responsible for the usage of our Website, and all results caused by it.
PROPRIETARY RIGHTS
Our Website contains copyright materials, trade names, and marks, including without limitation, software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations (in any format), computer code (including HTML code), products, information, documentation, design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website are the intellectual property of LeadAvenue and/or its licensors. We do not provide implied rights to transfer and/or assign the ownership of our copyright materials or any part of it. Content offered on or via the Website is protected by copyright laws around the world. Thus, unauthorized use of our Website for commercial purposes without obtaining a license from us or our licensors may violate copyright, trademark, or other proprietary rights owned by LeadAvenue.com. Users are not authorized to change, remove or conceal copyright and/or publications available on our Website that they may access, download, transmit, display, print, or reproduce from the Website. Additionally, you are not allowed (also prohibited to authorize any third party) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, circulate or otherwise use any content from our Website without having written consent of LeadAvenue or other licensors. All names, logos, and/or products/services shown on our Website, are owned whether by LeadAvenue or third-party service providers, and any unauthorized use is prohibited.
AFFILIATES AND ADVERTISERS
In order to become an Affiliate or Advertiser and cooperate with LeadAvenue, firstly, you have to submit a registration form (one or more) that may include some personally identifiable information (PII), including but not limited to, your name, address, phone number, company name. Please be informed that submission of a sign-up form is not an offer, but a petition of an offer. Thus, in the process of joining our Affiliate Network, LeadAvenue is the one decision-maker that may reject or conversely make an offer. Users cannot be considered as Affiliates or Advertisers if they don’t sign Affiliate and/or Advertiser Agreements with us. If there are any contradictions or inconsistencies between these Terms and Conditions and Affiliate and/or Advertiser Agreements, the process shall be governed according to the Affiliate and/or Advertiser Agreement.
MOBILE SERVICES
LeadAvenue.com may comprise some particular services for subscriptions that are delivered to our users via mobile phones or other mobile devices. These services may include the ability to make use of and access certain features of our services and mobile communications with LeadAvenue.
These services are free of charge. However, service fees employed by your mobile operator will apply. Take into consideration that some specific Mobile Services may be bound or even forbidden by your mobile carrier. Thus, you are liable to find out whether your mobile service provider accepts Mobile Services, whether they are accessible for your mobile device, and how much your carrier will charge you for making use of the Mobile Services.
FEEDBACK
We strongly welcome users’ feedback, comments and/or suggestions (collectively “Feedback”) on products/services offered by LeadAvenue or in relation to the improvement of our Website. However, before leaving your Feedback related to our content, make sure that it does not violate any proprietary rights of third-parties, including but not limited to, patents, copyrights, or trademark rights. Plus, you need to make sure whether you have all rights to leave that Feedback on LeadAvenue.
Our users grant us a non-exclusive, royalty-free, irrevocable, perpetual, transferable right and license to reproduce, use, disclose, exhibit, display, copy, transform, create derivative works, and distribute any Feedback without getting additional approvals or considerations. LeadAvenue is free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing, marketing, and selling products and services incorporating such Feedback. Customers should not expect any compensation of any kind from us in relation to their Feedback.
REPRESENTATION AND WARRANTIES
Our users must represent and guarantee that:
- They are at least 18 years old or above.
- They are eligible to enter into a legally binding contract.
- They will not make use of our Website or materials in order to violate any law, rule, ordinance, regulation or the rights of LeadAvenue and/or third-party service providers.
- They will not provide information that may break any law, rule, ordinance, or regulation or violate the rights of LeadAvenue or third-party service providers.
- They will provide only accurate and trustworthy information in relation to the usage of our Website.
- They will perform their obligations and comply with the conditions set forth in these Terms and Conditions.
WARRANTY DISCLAIMERS
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED HEREIN AND/OR OTHERWISE ASSOCIATED WITH IT ARE PROVIDED ON “AS IS” BASIS. LEADAVENUE HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND RELATED TO THE USAGE OF OUR WEBSITE, RESULTS CAUSED BY IT AND/OR CONTENT INCLUDED IN OUR WEBSITE IN RESPECT OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. WE ALSO DISCLAIM THAT THE OPERATION OR OUR WEBSITE AND/OR MATERIALS WILL BE UNINTERRUPTED AND/OR WITHOUT ANY ERRORS OR WILL DEFINITELY COMPLY WITH YOUR REQUIREMENTS. THE WEBSITE AND THE INFORMATION, LEADS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED HEREIN AND/OR OTHERWISE ASSOCIATED WITH IT ARE PROVIDED AS “AS IS” AND “AS AVAILABLE”. WE HEREBY EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON- INFRINGEMENT OR COMPLIANCE WITH A PARTICULAR PURPOSE. WE DO NOT PROVIDE ANY WARRANTIES THAT CUSTOMER INFORMATION WILL BE ACCURATE AND TRUSTWORTHY, OR YOU WILL ACHIEVE THE FINAL RESULT FROM THE LEAD, INCLUDING CUSTOMER CONVERSION RATES. MOREOVER, YOU UNDERSTAND AND ACCEPT THAT WE DO NOT VALIDATE LEADS OR COLLECTED INFORMATION, AND DO NOT GUARANTEE THAT THEY ARE ACCURATE, ERROR-FREE, QUALIFIED OR WILL FIT YOUR DEMANDS. THUS, NOTE THAT THE USE OF THIS WEBSITE OR THE SERVICE REMAINS AND SHALL CONTINUE TO REMAIN SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
We are not responsible for granting you access to LeadAvenue.com. In no event shall LeadAvenue be liable for claims, damages, or losses of any kind whatsoever, caused beyond our control. This may include offers or promotions available on LeadAvenue.com, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses or worms, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any damages arising from loss of use, loss of any asset or loss of revenue or profit in connection with deals and/or interaction with third-party service providers or anybody else. You also understand and accept that LeadAvenue is not responsible for third-party defamatory, offensive, or illegal actions, and all consequences remain and shall continue to remain solely at your own risk.
IN NO EVENT WILL LEADAVENUE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS AGAINST LEADAVENUE RELATED TO YOUR USAGE OF OUR WEBSITE OR THESE TERMS AND CONDITIONS SHALL NOT EXCEED $1000. THE COMPENSATION SHOULD BE REGARDED AS DAMAGE LIQUIDATION EVEN IF LEADAVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
INDEMNIFICATION
LeadAvenue and its Indemnified Parties (officers, directors, employees, agents, affiliates, third-party service providers, licensors, contractors and others involved in the delivery of products, services or information through the Website) are not liable for any direct, indirect, incidental, consequential, special, or punitive damages, judgments, awards, costs, expenses, attorneys’ fees, and litigation expenses or other injury arising out of or in any way associated with your unauthorized use and any breach of this Agreement, including breaches resulting from the usage of information available on LeadAvenue.You also indemnify Indemnified Parties against third-party claims caused by your utilization of information obtained by making use of our Services or associated websites.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. The California County Courts have general jurisdiction and will be the exclusive venue for litigating disputes arising out of these Terms and Conditions, and you provide your consent to such exclusion and venue. Any claims against LeadAvenue must be brought within 2 (two) years after the cause of action, or such claim or cause of action is barred. By agreeing to these terms, you waive any right to make attempts in terms of settling any disputes arising with the LeadAvenue in a court of law or jury trial and also waive your rights to seek attorneys’ fees in any proceeding. You understand and accept that Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and Conditions. The non-virtual (printed) version of these Terms and Conditions or any associated notice shall have the same force in judicial or administrative trials. If you want to get a printed copy of this Agreement, please directly contact LeadAvenue.
ARBITRATION
YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OUR WEBSITE SHALL BE SETTLED UNDER THE ARBITRATION RULES, except cases when a party seeks to protect his intellectual property rights and turns to state or federal court of his residence. BY TURNING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO SETTLE A DISPUTE IN A COURT OR JURY TRIAL. YOU MAY NOT HAVE THE SAME RIGHTS IN ARBITRATION COMPARED TO COURT. THUS IT IS NECESSARY TO PRECISELY REVIEW THESE TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. The arbitration shall be initiated and held in the office of the American Arbitration Association (“AAA”) in Los Angeles, California, and governed by California state law. The arbitrator’s judgment is final and obligatory and can be entered in any court having jurisdiction. Each party is obliged to cover expenses (if it doesn’t contradict to applicable law), including but not limited to, their attorneys’, experts’ and witness fees despite which party dominates in the arbitration. If AAA regulation contradicts these Terms and Conditions, the Terms and Conditions shall take precedence over AAA rules. If you are interested in AAA rules and procedures, you can get free information by attending www.adr.org or calling 1-800-778-7879.
NO CLASS ACTIONS
YOU GIVE UP YOUR RIGHTS TO CONSOLIDATE PERSONS’ CLAIMS AND/OR JOIN CLAIM WITH OTHER PERSONS OR ENTITIES OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. BY ACCEPTING NO CLASS ACTIONS, YOU AND LEADAVENUE AGREE THAT YOU MAY CLAIM AGAINST LEADAVENUE ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
PRIVACY
LeadAvenue has made a commitment to protecting the privacy of those who visit our site and access the products and services available therein. Please review our Privacy Policy and get a detailed piece of information on how we collect or use Personally Identifiable Information (PII) related to your usage of our Website.
ENFORCEMENT
Actual or an attempt to make use of our Website may result in criminal and/or civil prosecution, including the punishment in accordance with the Computer Fraud and Abuse Act of 1986 under U.S. Federal law. We reserve the right to view, monitor, and record activities on our Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal or unlawful activities on our Website as well as to disclosures required by or under applicable law or related government agency actions. Thus, you shall not, nor shall you permit anyone else, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure set by LeadAvenue. You understand and accept that any violation (either threatened or actual) of these Terms and Conditions may result in irreversible damages for LeadAvenue and/or its licensors, and similar damages would not be quantified in pecuniary form, and the damaged party cannot get sufficient compensation. Thus, you agree that the non-breaching party shall be entitled to get equitable relief from a court, including injunction and specific performance, as a remedy for any such breach, without the need for that party to post any security to enforce any provisions of these Terms and Conditions.
TERMINATION
LeadAvenue reserves the right to terminate your access to the Services at any time for any grounded reason, including but not limited to, any reasonable belief of fraud, illegal activity, or actions or omissions aimed to break these Terms and Conditions. Also, LeadAvenue can terminate an Agreement with a user to defend its or other users’ name, business, or goodwill. You understand and accept that LeadAvenue reserves the right to define on its sole decision whether a customer is linked to unauthorized usage and/or violation of these Terms and Conditions. We also are not responsible for any damages or losses caused by the termination of this Agreement. You may also terminate your account on your own. However, all granted licenses and any applicable rights to use our Website will be removed along with the termination. Feedback, our ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of these Terms and Conditions for any reason.
MISCELLANEOUS
The status of a party under this Agreement shall be that of an independent contractor. Nothing contained in this Agreement shall be construed as creating a partnership, joint venture, or an agency relationship between the parties, except as otherwise expressly provided in this Agreement. Any assignment, transfer, delegation, or attempted assignment, transfer or delegation of the rights or responsibilities is not allowed without LeadAvenue’s prior written consent. Any purported assignment, transfer or delegation without such consent shall be void, in addition to constituting a material breach of this Agreement. However, LeadAvenue may delegate its rights and/or responsibilities and assign these Terms and Conditions in relation to the fulfillment of its obligations according to this Agreement. Any failure by LeadAvenue to exercise or enforce any right or provision of these Terms and Conditions shall not be construed as a waiver of such right or provision. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants, and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. These Terms and Conditions, together with the Privacy Policy, represent a legally binding Agreement between you and LeadAvenue, and they replace all prior or contemporaneous communications and proposals between you and LeadAvenue, including but not limited to, electronic, oral, or written. Any rights not expressly granted herein are retained by LeadAvenue. We reserve the right to change, update, or modify these Terms and Conditions and /or change, modify, discontinue, or suspend any part of our Website at any time on our sole decision. Using our Website after applicable changes apply, you agree to be governed by such changes. If you have any questions or comments about these Terms and Conditions, please contact us by emailing [email protected] or calling (888) 701-5170.