Overview
Leadgen Global utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or thirdparty interception in transit, nor for any damage which may result to your computer or other property by your use of the Leadgen Global Sites or Services. You acknowledge that telephone messages may be transmitted unencrypted and that eavesdropping of communications by third parties is possible. Leadgen Global recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. Leadgen Global shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. Leadgen Global will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in Leadgen Global offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customerprovided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE Leadgen Global SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, Leadgen Global DOES NOT WARRANT THAT THE USE OF THE Leadgen Global SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL Leadgen Global BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, Leadgen Global MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE Leadgen Global SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. Leadgen Global MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Leadgen Global SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE Leadgen Global SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING https://drive.google.com/file/d/1Jojq7t3wPlb2tsd2mhPhHWABsenJu_eZ/view OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, Leadgen Global IS NOT RESPONSIBLE FOR THOSE COSTS. Leadgen Global’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE Leadgen Global SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO Leadgen Global HEREUNDER. 12. User Warranties; Indemnification You warrant and represent to Leadgen Global that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the Leadgen Global Sites and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing. You agree to defend, indemnify and hold harmless Leadgen Global and its affiliates, including, without limitation, Telecom Business Network LLC LLC, and each of their respective officers, directors, shareholders, m e m b ers, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Leadgen Global in its sole discretion, collectively “Losses”) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your alleged breach of the above warranties, this Agreement and/or Leadgen Global’s Acceptable Use Policy; (ii)_any actual or alleged violation of any law by you or related to your use of the Services; or (iii) any use by you, or an account or computer owned by you, of the Leadgen Global Sites or Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. You acknowledge and agree to be liable for any and all Losses incurred by Leadgen Global, including but not limited to those Losses that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Leadgen Global to you. 13. Termination, Cancellation and/or Suspension by Leadgen Global If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you. Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or https://drive.google.com/file/d/1Jojq7t3wPlb2tsd2mhPhHWABsenJu_eZ/view in part). Upon termination, for any reason, you agree to immediately cease using the Services https://drive.google.com/file/d/1Jojq7t3wPlb2tsd2mhPhHWABsenJu_eZ/view and Leadgen Global shall have no obligation to you after any termination or cancellation of these Terms. Should such a termination take place when you still have funds in your account, you shall receive back, at our discretion, a refund of such funds, save any expenses that may be incurred by Leadgen Global, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties. No refund will be issued more than 60 days after purchase, unless determined refundable within Leadgen Global’s sole discretion. The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the Services or Leadgen Global Sites. 14. Termination by the User You are free to terminate or cancel your use of the Services at any time, and for any reason. Notwithstanding the foregoing, unless due to a breach solely by Leadgen Global that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Leadgen Global be obligated to refund to you the reasonable value of any unused funds previously purchased by you. No refund will be issued more than 60 days after purchase, unless determined refundable within Leadgen Global’s sole discretion. 15. Links to other Websites The Leadgen Global Sites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Leadgen Global of the contents on such third-party websites. Leadgen Global is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Leadgen Global cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from the Leadgen Global Sites, since these websites are owned and operated by independent third parties. Leadgen Global does not endorse any of the products/services, nor has Leadgen Global taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. Leadgen Global does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. Leadgen Global strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties. Leadgen Global consents to links to the Leadgen Global Sites which conform to the following: the appearance, position, and other aspects of any link to the Leadgen Global Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Leadgen Global nor be such as to damage or dilute the goodwill associated with the name and trademarks of Leadgen Global or its affiliates. Leadgen Global reserves the right to revoke this consent to link at any time in its sole discretion, without notice. 16. Security Rules You are prohibited from violating or attempting to violate the security of the Leadgen Global Sites and Services and from using the Leadgen Global Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for https://drive.google.com/file/d/1Jojq7t3wPlb2tsd2mhPhHWABsenJu_eZ/view you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Leadgen Global Sites or Services, host or network, including, without limitation, via means of submitting a virus to the Leadgen Global Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Leadgen Global packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Leadgen Global may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the Leadgen Global Sites who are involved in such violations. 17. Force Majeure Leadgen Global shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of Leadgen Global. In addition, Leadgen Global shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services. 18. Choice of Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the State of Nevada notwithstanding its laws governing conflicts of laws. Except as hereinafter provided, any dispute arising under these Terms shall be settled and determined by binding arbitration in Las Vegas, Nevada in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the “Federal Arbitration Act”), to the exclusion of state laws inconsistent therewith. The terms of the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”) then in effect shall apply except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. The award of the arbitrator shall be based on the evidence admitted and the substantive law of the State of Nevada (subject to any applicable preemption or supersedence by U.S. federal substantive law) and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator, and such award shall set forth in writing the factual findings and legal reasoning for such award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit Leadgen Global’s access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will
https://drive.google.com/file/d/1Jojq7t3wPlb2tsd2mhPhHWABsenJu_eZ/view be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The statute of limitations applicable under Nevada law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder. Anything in the foregoing paragraph to the contrary notwithstanding, Leadgen Global may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms. These Terms are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to Leadgen Global are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms. 19. Class Action Waiver Both you and your affiliates, on one hand, and Leadgen Global and its affiliates on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates on one hand nor Leadgen Global and its affiliates on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Leadgen Global customers, and cannot be used to decide other disputes with other customers. If a court decides that this Subsection 19 (Class Action Waiver) is not enforceable or valid, the remainder of the Terms will still apply. 20. Miscellaneous The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Leadgen Global in any respect whatsoever. In any action or proceeding to enforce rights under these Terms,Leadgen Global will be entitled to recover costs and attorneys’ fees if it substantially prevails. All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Leadgen Global may give notice to you by means of a general notice on the Leadgen Global Sites or Services, electronic mail to your e-mail address on record in Leadgen Global’s account information, or by written communication sent by personal delivery, fax, overnight https://drive.google.com/file/d/1Jojq7t3wPlb2tsd2mhPhHWABsenJu_eZ/view courier, or certified or registered mail to your address on record in Leadgen Global’s account information.