You may not access the LeadFerret Services if You are Our direct competitor, except with our prior written consent. In addition, You may not access the LeadFerret.com Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This agreement was last updated on Oct 1, 2012. It is effective between You and Us as of the date You executed the applicable order.
Table of Contents
2. LEGALLY BINDING AGREEMENT
By accessing the Website or Services, you represent and warrant that you have read and understood, and agree to be bound by these TOU and that you acknowledge the adequacy of consideration of this Agreement. Please review this document carefully as it is a legally binding document between you and LeadFerret. If you do not agree to these TOU, you are prohibited from accessing the Website and the SERVICES. Please exit immediately. LeadFerret reserves the right to modify, alter and update the content of these TOU at any time. Changed TOU will be indicated by the "effective date" at the top of this agreement. If you do not agree to such changes, please exit the Website and Services immediately.
The Website and Services are not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW, and are not barred from accessing the website or services under the laws of any applicable jurisdiction.
4. PRIVACY STATEMENT; CHANGES TO AGREEMENT AND PRIVACY STATEMENT
1. Privacy Statement. LeadFerret encourages users of the Website to frequently check the LeadFerret Member and Web Site Visitor Privacy Statement . By accessing the Website, you represent and warrant that you have read and understood, and agree to be bound by, the LeadFerret Member and Web Site Visitor Privacy Statement. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE LEADFERRET MEMBER AND WEB SITE VISITOR PRIVACY STATEMENT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
2. Changes. LEADFERRET RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE LEADFERRET USER AND WEB SITE VISITOR PRIVACY STATEMENT AT ANY TIME. Notice of any such change will be given by the posting of a new version or a change notice on the Website. It is your responsibility to review this Agreement and the LeadFerret User and Web Site Privacy Statement periodically. If at any time you find any unacceptable, you must immediately leave the Website and refrain from using the Website and Services.
5.MEMBER REGISTRATION, SCREEN NAME, AND POINTS
1. Member Registration. By accessing the Website, you are not automatically a LeadFerret User; you are a "Website Visitor". In order to become a LeadFerret User, you are required to complete a registration process. You certify, represent and warrant that the information you provide therein is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the Services to be interrupted, suspended, or terminated. You are responsible for monitoring your account, changing your password periodically and notifying LeadFerret immediately of any unauthorized use or breach of security of your password.
2. Users and Contacts. Your User registration information is not automatically entered into LeadFerret’s proprietary business directory, which contains, among other things, Company, Contact, Company Wiki, and Family Tree information (the "Directory"). You may, however, choose to enter your own business contact information into the Directory, and thereby become a "Contact" in the Directory. Please note: as a User, you may contribute to and access the Directory; however, you do not retain any ownership rights in the Directory. Likewise, information contributed to the Directory may be shared with other Members and with third parties, in LeadFerret’s discretion.
3. Points. LeadFerret uses a point system on the Website. You may earn points by following LeadFerret on twitter, tweeting about LeadFerret, liking Us on Facebook, join Our LinkedIn user group, referring Us to your "friends". To learn more on how to earn points, visit: http://www.leadferret.com/how_to_earn_points.php. Earned Points do not expire, but are subject to the terms herein. You may also purchase points ("Purchased Points"). Purchased Points may be subject to volume and plan discounts according to your particular plan details, and all point purchases are final. Points have no monetary value and are not redeemable for cash or money, regardless of how you acquired those points; you are responsible for tax consequences, if any, that may result from your participation in the points system. Points are not your personal property, and your only recourse for using Points is through the Services. Points used to purchase Contacts shall first be subtracted from the Purchased Points balance. Points used to purchase Contacts shall only be subtracted from the Earned Points balance in the event that no Purchased Points remain. The scope, variety and types of Services that may be obtained through points can change at any time; however, any such changes will not decrease the total value of the Services you can obtain with your unused, unexpired points. As of the effective date of your cancellation, termination, or 1 year from the date of Purchasing Points, you will forfeit your Purchased Point balance. Please note that LeadFerret may change the point and rating system at any time, however, any such changes will not decrease the total value of the Services you can obtain with your unused, unexpired points. In the event of a technological or system error where your Point balance is affected, LeadFerret reserves the right to adjust your Point balance. Moreover, LeadFerret may cancel, suspend or otherwise limit your access to your points balance if we reasonably suspect fraudulent, abusive or unlawful activity with respect to your account.
1. Generally. LeadFerret offers additional, paid, services (each, a "Plan"). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Plan. To view your particular Plan Details, login and click on the "My Account" link from the "My LeadFerret" tab. If your current plan is not satisfying your needs, you may email us at support@LeadFerret.com for more information.
2. Method of Payment. Payments may be made by credit card. Unless otherwise indicated in your Plan Details, your credit card will be charged on a recurring basis as long as your account remains open and active. Your account will remain open and active until your membership is canceled, suspended or terminated. You authorize LeadFerret to charge your credit card for your recurring subscription fee payments as applicable based upon your Plan Details. LeadFerret is permitted to bill you as described in your Plan Details, including any applicable tax and any other charges you may incur in connection with your use of the Website or Services. Additional charges may include individual point purchases.
3. Your Credit Card Information. You are required to provide all information necessary to open and maintain your subscription account. For security purposes, certain plans may require that you to enter and maintain valid credit card information regardless of any applicable payment options. You authorize LEADFERRET to share information as is necessary to process your payments. LeadFerret will use commercially reasonable business practices to secure your credit card information. You may change your credit card information at any time from the "My Account" area. You shall keep your credit card information up-to-date at all times. You must promptly notify LeadFerret of credit card loss, theft or unauthorized usage. Unless you provide such notice, you agree to pay all fees and remain liable for unauthorized usage of the Website or Services.
4. Cancellation. You may cancel your subscription account at any time and for any reason. WHEN YOU CANCEL YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF ANY SUBSCRIPTION FEES. WHERE APPLICABLE, AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY LEADFERRET. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED. YOU WILL FORFEIT YOUR ACCUMULATED CONTACTS, POINTS, AND RATING UPON THE EFFECTIVE DATE OF YOUR CANCELLATION.
5. Termination. LeadFerret may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Services. You will forfeit your accumulated contacts, points, and rating upon termination. YOUR SUBSCRIPTION FEE WILL NOT BE REFUNDED OR PRORATED FOR PARTIAL-MONTH USAGE FOLLOWING TERMINATION.
Subject to your compliance with the terms and conditions of this Agreement, and any other agreement between you and LeadFerret, LeadFerret grants you a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Website and Services. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of LeadFerret or any other party. In the event that you breach any provision of this Agreement, your rights under this paragraph will immediately terminate. By accepting this license, you agree that all information contained in the Directory is the proprietary, confidential information of LeadFerret, that you will safeguard and protect such information, and that you will use the information in accordance with the Code (below). Your obligations set forth above shall survive termination of this Agreement. To the extent you elect to submit contact or company information (including portions thereof) to LeadFerret for inclusion in the LeadFerret database, you hereby grant LeadFerret a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Website and Services any such submitted information (including any portions thereof submitted by you) and distribute such information through the Website and Services.
8.CODE OF CONDUCT
This section sets forth the LeadFerret Code of Conduct (the "Code"). All Users and Website Visitors must fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code.
9.YOUR CREATIVE CONTENT
LeadFerret's Website may allow you to post content, such as messages, images, text, photos, graphics, audio, video or other material ("Your Creative Content") through message boards, forums, Member blogs or other interactive features. With respect to Your Creative Content, while you retain any and all of your lawfully owned rights therein, you hereby grant LeadFerret a royalty-free, perpetual, irrevocable, worldwide transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Creative Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works. You also permit any Visitor of LeadFerret's Website to access, store, distribute, perform, reproduce and prepare derivative works of Your Creative Content. No compensation will be paid to you or to any other person or entity with respect to Your Creative Content.
LeadFerret may remove Your Creative Content at any time in its sole discretion. You are solely responsible at your own cost and expense to create backup copies of Your Creative Content. Likewise, by accessing the Services you may be exposed to other Members’ Creative Content that you find offensive, indecent or objectionable -- you agree that you use the Website and Services at your own risk.
You agree that LeadFerret is not under any obligation of confidentiality, express or implied, with respect to Your Creative Content. You represent and warrant that you own or otherwise control all necessary rights to Your Creative Content, that it does not violate or infringe upon the intellectual property rights of a third party, that it is accurate, that it does not contain libelous, defamatory or otherwise unlawful material, that it does not violate anyone’s rights to publicity or privacy, that it will not cause injury to any person or entity, that it does not otherwise violate these TOU, and that you will indemnify LeadFerret and its service providers for all claims resulting from Your Creative Content.
As the provider of the Website, LeadFerret is only a forum and is not liable for any statements, representations, or omissions made through Your (or other Visitors’) Creative Content. Any opinions, advice, purported facts, or recommendations expressed therein are those of the Visitors who make them, and not those of LeadFerret; LeadFerret does not endorse any opinion, purported fact, recommendation or advice expressed therein. Likewise, it is your responsibility to exercise due care and caution (for your privacy, safety, and identity, among other concerns) when posting Your Creative Content or accessing the Website or Services.
10. INTELLECTUAL PROPERTY
The Website and all content and materials located thereon, including without limitation any LeadFerret names and logos (the "LeadFerret Marks"), the Services, Directory, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of LeadFerret or its licensors. Except as explicitly provided, neither the Website nor this Agreement grant you any right, title or interest in or to any such content or materials. The LeadFerret Marks are trademarks or registered trademarks of LeadFerret. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. The Website is Copyright © 2011, LeadFerret Inc., ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by LeadFerret in a signed writing, you have no intellectual property or other rights in the information you contribute to the Directory.
As LeadFerret asks others to respect its intellectual property rights, LeadFerret respects the intellectual property rights of others. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Likewise, if you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want LeadFerret to delete, edit, or disable the material in question, you must provide LeadFerret with all of the following information:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LeadFerret to locate the material;
4. information reasonably sufficient to permit LeadFerret to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to LeadFerret’s designated agent at:
11. DISCLAIMERS; LIMITATION OF LIABILITY
1. NO WARRANTIES
ALTHOUGH LEADFERRET TAKES REASONABLE MEASURES TO KEEP THE WEBSITE AND SERVICES ERROR-FREE AND SAFE, YOU ACCESS THEM AT YOUR OWN RISK. LEADFERRET, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER LEADFERRET NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE.
12. INDEMNIFICATIONYou agree to indemnify and hold LeadFerret, its directors, officers, employees and agents, and its suppliers, licensors, and service providers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees (collectively, "Claims"), arising out of or in connection with: (1) your use of the Website or Services; (2) any violation of this Agreement (including, without limitation, the Code); (3) your violation of any law or the rights of any third party. LeadFerret will have the right, but not the obligation, to participate through counsel of its choice in any defense by you of any Claims as to which you are required to defend, indemnify, or hard harmless LeadFerret. You may not settle any Claims without the prior written consent of the concerned LeadFerret person or persons.
14. TERMINATION1. Method You may terminate this Agreement at any time, for any or no reason at all, by providing LeadFerret written notice of your intent to do so (LeadFerret Inc., Attn: Legal Department, 2340 Stokes Canyon Rd., Calabasas CA 91302). Without altering any other provision of this Agreement, LeadFerret may terminate this Agreement without notice or liability. LeadFerret may also deny, suspend, cancel, or terminate your use of the Website or Services, including without limitation, for breach or suspected breach of this Agreement or of any applicable law or regulation.
2. Effect of Termination; Survival
If this Agreement terminates, you will no longer be authorized to access the Website or Services. Sections 7-9, 11, 12, and 14-16 of the Agreement will survive termination.
15. ARBITRATIONEXCEPT AS MAY OTHERWISE BE PROVIDED BELOW OR IN A SIGNED AGREEMENT BETWEEN YOU AND LEADFERRET, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS OF THE WEBSITE OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of you or LeadFerret has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated the Code set forth above, then you and LeadFerret acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Website may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in San Mateo, California, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
16. GOVERNING LAWThis Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles.
To the extent arbitration is not required under this Agreement, THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES WILL BE THE STATE AND FEDERAL COURTS IN SAN MATEO, CALIFORNIA. IN CONNECTION WITH THIS SECTION, THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITORS OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to this agreement, the Website or Services be instituted more than one (1) year after the cause of action arose.
2340 Stokes Canyon Rd.
Calabasas, CA 91302
How We Gather Information LeadFerret collects information from any and all legal and ethical sources available through only legal and ethical means, including but not limited to the information you voluntarily give us when you register on our website, www.LeadFerret.com
You Can Control the Use of Your Information At any time, you have the right to choose not to receive offers from any of our partners or LeadFerret. You can do this by notifying that partner through return email that you wish to not receive such information in the future from that partner or from LeadFerret.
General LeadFerret is a business-to-business site and is not directed to children under the age of 18. Similarly, LeadFerret’s services are not directed to nor intended for anyone under the age of 18. Whether for itself or for its clients, LeadFerret will not knowingly collect or maintain personally identifiable information from or about anyone under 18.
Opt-Out LeadFerret provides its users the opportunity to opt-out of receiving communications from us. We offer users the following options for removing their information from our database, to not receive future communications or to no longer receive our service.
Mail: #221, 2961 Industrial Rd, Las Vegas, NV 89109
Orders LeadFerret uses forms for customers to request information, make suggestions and/or comments and to purchase products, information and services. We collect information, such as your email address, in case we need to contact you with regard to your order. Or, we might just want to reach out and make sure you are happy and satisfied with your ordering experience within LeadFerret. We also collect demographic information, such as zip codes, to track just where our visitors and clients are.
The financial data we collect, such as credit card information, is used to bill you for the products, services and/or information in which you intend to purchase. We also use the information to check your qualifications with respect to navigating throughout the LeadFerret Web site. This information will only be used to fulfill your order(s) and will not be shared with anyone outside of LeadFerret.
Security LeadFerret uses industry standard efforts to safeguard the confidentiality of your information, such as firewalls and Secure Socket Layers.
Contacting LeadFerret If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact:
2961 Industrial Rd
Las Vegas, NV 89109