When you use our Services you agree to ALL of these terms. You agree by using our services or joining our services, you are agreeing to enter into a legally binding contract with Lead411. If you do not agree to this contract do not access or use or any of our services.
This Contract applies to Lead411.com, app.lead411.com, Lead411 Chrome Extension, and other Lead411 services that state that they are offered under this Contract (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.
You are entering into this Contract with Lead411(referred as “we” and “us”) You are entering into this Contract with Lead411 Corporation.
1.2 Members and Visitors
When you register and join the Lead411 Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.
We may modify this Contract from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
2.1 Your Account
You’ll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
We don’t guarantee refunds.
If you buy any of our subscriptions, you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Contact us to your Premium Services.
• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.3 Notices and Service Messages
You’re okay with us providing notices to you through our websites, apps, and contact information your provided to us. If the contact information you provide is out of date, you may miss out on important notices. You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address).
3. Rights and Limits
3.1. Your License to Lead411
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
You promise to only provide information and content that you have the right to share. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Lead411 may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
Lead411 reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, LEAD411 AND ITS AFFILIATES (AND THOSE THAT LEAD411 WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LEAD411 HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), LEAD411 AND ITS AFFILIATES (AND THOSE THAT LEAD411 WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF LEAD411 AND ITS AFFILIATES (AND THOSE THAT LEAD411 WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LEAD411 AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LEAD411 OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Contract anytime we want.
Both you and Lead411 may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
• Our rights to use and disclose your feedback;
• Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
• Sections 4, 6 and 7 of this Contract;
• Any amounts owed by either party prior to termination remain owed after termination.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it in Colorado courts (using Colorado law).
For all others, including those who live outside of the United States, you agree that the laws of the State of Colorado, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts in Boulder County, Colorado, USA, and we each agree to personal jurisdiction in those courts.
7. General Terms
Here are some important details about how to read the Contract.
If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that Lead411 has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Lead411 may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Lead411 “Dos” and “Don’ts”
You agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and keep it updated;
c. Use the Services in a professional manner.
You agree that you will not:
a. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
b. Create a false identity on Lead411. The occasional creation of clearly fictional profiles by Lead411 or with its express permission in connection with a promotional campaign does not waive this obligation;
c. Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;
d. Create a Member profile for anyone other than yourself (a real person);
e. Use or attempt to use another’s account;
f. Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by Lead411;
g. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy data from the Services;
h. Bypass or circumvent any access controls or Service use limits (such as caps on keyword searches);
i. Visitors of the Services can not copy, use, disclose, save or distribute any information and data obtained from the Services or through third parties(such as search engines) without the consent of Lead411. Paying subscribers can copy and use information and data obtained from the Services in order to sell and market their company’s products and services. Visitors and Subscribers are not allowed to disclose or distribute any information and data obtained from the services.
j. Use, disclose or distribute any data obtained in violation of this policy;
k. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
l. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
m. Violate the intellectual property or other rights of Lead411, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Lead411” or our logos in any business name, email, or URL.
n. Imply or state that you are affiliated with or endorsed by Lead411 without our express consent (e.g., representing yourself as an accredited Lead411 trainer);
o. Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
p. Sell, sponsor, or otherwise monetize any Service without Lead411’s consent;
q. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Lead411’s consent;
r. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
s. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
t. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
u. Overlaying or otherwise modifying the Services or their appearance;
v. Access the Services except through the interfaces expressly provided by Lead411, such as its mobile applications, Lead411.com, app.lead411.com.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.