Overview
The following are terms of a legal agreement between you and Leadsys (“Website”). By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Website.
Leadsys may, without notice to you, at any time revise these Terms and Conditions of Use and any other information contained in this Website by updating these Terms and Conditions of Use. Leadsys may also make improvements or changes in the services provided by Leadsys described in this Website at any time without notice.
General Terms
Leadsys grants you non-exclusive, non-transferable, limited permission to access and display the webpages within this Website, solely on your computer and for your personal and non-commercial use of this Website.
Your failure to comply with the terms, conditions and notices on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Leadsys does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not mirror any of the content from this Website on another website or in any other media.
Leadsys provides no assurances that any reported problems will be resolved by Leadsys even if Leadsys elects to provide information with the goal of addressing a problem.
Confidential Information
Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information relating to the Disclosing Party's business (hereinafter referred to as "Confidential Information" of the Disclosing Party). Such information includes, without limitation, customer data, information related to customer's login identifiers and credentials for accounts and the nature and performance of customer's marketing programs. The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information; and (ii) not to use or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to Confidential Information after five years following the termination of the Agreement or any Confidential Information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it by a third party; or (d) was independently developed without use of any Confidential Information of the Disclosing Party; or (e) is required by law. Customer data will be destroyed upon customer’s request and Leadsys shall certify to such destruction in writing.
Statistical Information: Notwithstanding anything provide herein, Leadsys may monitor your use of the services provided by Leadsys and our Website, and use in an aggregate and anonymous manner, compile statistical and performance information related to the provision and operation of the services by Leadsys, and may make such information publicly available, provided that such information does not incorporate your and/or identify your confidential information. Leadsys retains all intellectual property rights in such information.
Third Party Website
This Website may provide links or references to non-Leadsys websites and resources. Leadsys makes no representations, warranties, or other commitments whatsoever about any non- Leadsys websites or third-party resources that may be referenced, accessible from, or linked to the Leadsys Website. A link to a non-Leadsys website does not mean that Leadsys endorses the content or use of such website or its owner. In addition, Leadsys is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Leadsys Website. Accordingly, you acknowledge and agree that Leadsys is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
Disclaimer of Warranty
Use of this Website is at your sole risk. All materials, information, products, software, programs, and services are provided "as is," with no warranties or guarantees whatsoever. Leadsys expressly disclaims to the fullest extent permitted by law, all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Leadsys makes no warranty or guarantee that this Website will be uninterrupted, timely, secure, or error-free.
You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
Information on this Website, unless specifically promised or warranted to be correct, is not promised or guaranteed to be correct, current, or complete, and while Leadsys makes its best effort to ensure accuracy of the information, data and generally content, this Website may contain technical inaccuracies or typographical errors. Leadsys assumes no responsibility for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Website.
Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
Limitation of Liability
In no event will Leadsys be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site or resource linked to, referenced, or accessed through this Website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Leadsys is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
Intellectual Property Rights
Leadsys owns all the rights to this Website and its content. Website content means its data, design, layout, text, images, graphics, sound, video, etc. The Website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its content shall remain with Leadsys, its affiliates or licensors of Leadsys content, as the case may be.
Trademark / Copyright
All content on this Website is the copyright of Leadsys except the third party content and link to third party websites on our Website.
Leadsys respects the intellectual property rights of others and we expect you to do the same. We believes that you agree that you will not copy, download and reproduce any information, text, images, video clips, directories, files or databases available on or through the web site for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Leadsys, or otherwise commercially exploiting the Leadsys Content. Systematic retrieval of Leadsys Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Leadsys is prohibited.
In addition to the above, use of the Content for any purpose not expressly permitted herein is prohibited and may invite legal action. As a condition of your access to and use of Leadsys services, you agree that you will not use the Website service to infringe the intellectual property rights of others in any way. Leadsys reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Leadsys service, or if Leadsys believes that your conduct is harmful to the interests of Leadsys, its affiliates, or other users, or for any other reason in Leadsys's sole discretion, with or without cause.
URL's/Sub-Domain: URL's/Sub-Domain Names assigned by Leadsys to its users is the exclusive property of Leadsys and it cannot be assumed to be permanent in any case. Leadsys reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. In such case, Leadsys will not be liable to any party for any direct, indirect, special or other consequential damages, including, without limitation, any lost profits, business interruption or otherwise.
Termination of Services
Leadsys also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Leadsys and/or other visitors to the web site. Leadsys reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
Leadsys withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
If it concludes that the user(s) have provided any false information in connection with the member account to Leadsys, or are engaged in fraudulent or illegal activities.
The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of the website.
Utilize web site to send spam messages or repeatedly publish the same product information.
Impersonate or unlawfully use another company’s name to post information or conduct business of any form.
Any unauthorized access, use, modification, or control of the web site data base, network or related services.
Obtain by any means web site member's user name and/or password.
If Leadsys terminates your membership, you will not have the right to re-enroll or join Leadsys under a new account or name unless formally invited to do so by Leadsys. In any case of termination, no membership charges will be refunded. You acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business.You hereby agree that in no event shall the web site be liable to you or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
Usage Restrictions and Presentations
You shall not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Website or any products/services provided by Leadsys; (ii) modify, translate, or create derivative works based on the contents of this Website or any products/services provided by Leadsys; (iii) use or access the Website and the products/services provided by Leadsys to build or support, and/or assist a third party in building or supporting, products or services competitive to Leadsys; or (iv) remove any proprietary notices or labels from the Website or the products/services provided by Leadsys. You shall not knowingly or willfully use the Website and the products/services provided by Leadsys in any manner that could damage, disable, overburden, impair or otherwise interfere with Leadsys business in any manner whatsoever.
Notice / Demands
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to web site, or by posting such notice or demand on an area of the web site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when web site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon web site's posting such notice on an area of the web site that is publicly accessible without charge.
Agreement Updates
Leadsys may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
Arbitration & Jurisdiction
Any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in New York using the English language.
Miscellaneous
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Web site's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waive Leadsys right to act with respect with subsequent or similar breaches.
Web site shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
