b. Children's Online Privacy Protection Act. The Website and Services are not directed to persons under thirteen (13) years of age. In fact, access to and use of Our Website and Services is only offered to persons eighteen (18) years of age and older. If you are under 18 years of age, please do not access and use the Website or register to use Our Services.
2. Registration and Account Security
a. Registration. In order to access the Services, You will be required to register by setting up an account ("Account") with Us, which includes Your email address and a password and providing other information as requested (collectively, "Registration Information"). You agree to (i) provide accurate, current and complete Registration Information, (ii) maintain the security and confidentiality of Your user name and password, (iii) keep your Registration Information accurate, and (iv) assume full responsibility for any and all activities which take place on or through Your Account.
b. Unauthorized Use. You agree to immediately notify Us of any unauthorized use of or access to Your Account. We disclaim any and all liability and for any loss of any kind resulting, either directly or indirectly from Your failure to comply with this Section or from any unauthorized access to or use of Your Account.
3. Purchase of Services
a. Fee. Our Services are provided for a fee as set forth on Our Website. If You wish to purchase access to Our Services, You will be required to supply certain information including, without limitation, Your credit card number, expiration date of Your credit card, Your billing address, and the like.
b. Credit Card. You represent and warrant that: (i) you have the legal right to use the credit card used in connection with the purchase of access to Our Services and (ii) the information You provide in connection with purchase of access to Our Services is true, correct, and complete.
e. Use of Credits. The Credits held in Your Account will be debited one Credit for each contact processed by the Services.
f. Refusal. We reserve the right to refuse Your attempt to purchase credits or access the Services if we suspect fraud or an unauthorized or illegal transaction in our sole discretion.
4. Description of Services
a. General. The Services, as more specifically described on the Website, are a web-based application which "cleans" and verifies certain fields of contact information, including but not limited to a contact's (i) first and last name, (ii) email address, (iii) title, (iv) employer's name, and (v) phone number, which information is uploaded by You in a file format designated by Us through the Website to the Services (each piece of contact information individually referred to as "Field," and collectively referred to as "User Data"). Once all Fields accepted by the Services have been successfully mapped, i.e., provided in a way so as to permit processing by the Services, You will be able to process Your User Data. We will notify You by email when the processing of Your User Data is complete. The Services will flag those Fields within Your User Data which the Services were unable to verify automatically. We will present You with the opportunity to manually edit all Fields of flagged User Data. You may download Your file at this time or edit the flagged User Data and then download Your file. Your file, as edited, will not be re-verified.
Notwithstanding anything set forth herein to the contrary, We do not guarantee the accuracy of Your User Data after being processed by or through the Services.
b. Type of Contact Information; Number of Acceptable Fields. The Fields which will be cleaned and verified by the Services are determined by Us and are subject to change without prior notice. We may allow You to upload Fields in Your file that cannot be verified by the Services at the time of upload ("Unverifiable User Data"). We reserve the right, at Our discretion, to restrict the quantity of Unverifiable User Data You can upload to the Services.
c. Deletion of Your File. We may, at Our discretion, delete each User Data file You upload to the Services, whether or not it has been processed, thirty (30) days after said file was originally uploaded. In addition, we may, at Our discretion, delete a User Data file which has been processed and made available to You for download thirty (30) days after said User Data file was originally uploaded for processing, whether or not You have downloaded the file.
5. Rights Granted and Restrictions.
6. Conduct on Site
a. Use of Website and Services. Your use of the Website and the Services is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communication through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to You on or through Our Website, you agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information - that:
i. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Our rules or policies;
ii victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, nationality, age, or disability;
iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
vi. impersonates any person or entity, including any of Our employees or representatives.
c. Use of Account. In addition, You may not use Your Account to breach security of another account or attempt to gain unauthorized access to another network, server or other area of the Website. Not all areas of the Website or the Services may be available to You or other Authorized Users. You shall not interfere with anyone else's use and enjoyment of the Website or the Services or other similar services. Users who violate systems or network security may incur criminal or civil liability.
7. Third Party Sites and Information
The Website or the Services may provide links or references to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied. Different terms and conditions and privacy policies may apply to Your use of any other site. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use or reliance on any content, products or services available on or through any such linked site.
8. Intellectual Property Rights.
a. LeadWash Ownership. The Website and the Services may be protected by certain intellectual property rights, other proprietary rights, international treaties and laws of the United States and other jurisdictions. We retain all right, title and interest, including but not limited to all copyright, patent, trade secret rights, moral rights and other intellectual property rights ("Intellectual Property Rights"), We have in and to the Website and the Services.
b. Third Party Ownership. Some components of the Website or the Services may be subject to "open source licenses," "free software licenses" or other third party licenses or provided with the permission of third parties ("Third Party Software"). Such Third Party Software is made available under the terms and conditions of the respective Third Party Software license or pursuant to the permission granted. All Intellectual Property Rights in and to such Third Party Software are retained by the respective third parties.
c. Limited Right. You acknowledge that You are acquiring only a limited right to use the Website and Services and not any Intellectual Property Rights of any party in or to the Website or the Services or any part thereof.
10. User Data and Unverifiable User Data.
a. Rights Granted. Notwithstanding anything set forth herein to the contrary, for the avoidance of doubt, You hereby grant to Us a non-exclusive license to use, rent, copy, reproduce, modify, store, distribute, publish, export, transfer, adapt, edit and translate the User Data and Unverifiable User Data. You also grant Us a non-exclusive right to sub-license these rights to Our hosting, connectivity, telecommunications and such other service providers to the extent reasonably required for the performance of the Services.
11. Unauthorized Use of Content
a. Notification. We respect the intellectual property of others, and We ask You to do the same. If You believe Your, or those of someone on whose behalf You have the legal right to act, copyright, trademark or other property rights have been infringed by content on Our Website or the Services, You should send notification to the email address below immediately. To be effective, the notification must:
i. Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
ii. Identify the material that You claim is infringing the copyrighted work listed in item "i" above;
iii. Provide information reasonably sufficient to permit Us to contact You (email address is preferred);
iv. Provide information, if possible, sufficient to permit Us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred);
v. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
vi. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;" and
vii. Be signed by You and sent via email to email@example.com.
b. Removal of Infringing Materials. You acknowledge and agree that upon Our receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website or Services without liability to You or any other party and that the claims of the complaining party and the party that originally posted or provided the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
12. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR THE SERVICES OR A THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE WEBSITE OR THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE WEBSITE OR THE SERVICES, INCLUDING THE PRICES OF THE SERVICES, AT ANY TIME WITHOUT NOTICE. THE CONTENT ON THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT OR SERVICES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Third Party Transactions.
Through Your use of the Website and the Services, You may have opportunities to engage in commercial transactions with other users and third party product or service providers. You acknowledge that all transactions relating to any products or services offered by any such party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller of such products and services and You. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
14. Opinions of Third Parties.
15. Availability of Website and Services.
a. Interruptions and Delays. You understand and agree that temporary interruptions of the availability of the Website or the Services may occur as normal events. You further understand and agree that We have no control over third party networks You may access in the course of Your use of the Website or Services, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
b. Timeliness. You understand and agree that the Services are provided "AS IS" and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or any User Data or Unverifiable User Data.
16. Limitation of Liability
NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF LEADWASH, LLC, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LEADWASH, LLC FOR THE CREDITS PURCHASED IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE SUCH CAUSE OF ACTION ALLEGEDLY AROSE. IN NO EVENT WILL LEADWASH, LLC, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OF ANY KIND, OR ANY DAMAGE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING FROM YOUR USE OF THE WEBSITE, THE SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE OR THE SERVICES, EVEN IF LEADWASH, LLC, OR ANY OF ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS OR AGENTS ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR USE OF THE SERVICES, UNLESS OTHERWISE PERMITTED BY LAW, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR THE SERVICES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF SO DIRECTED BY LAW.
18. Participation in Promotions
From time to time, the Website may include advertisements provided by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products and services. Any such correspondence or promotions, including the delivery of, and the payment for, goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the third party. We assume no liability, obligation or responsibility for any part of any such third party transaction.
19. E-mail, Messaging, Blogging, and Chat Services
b. Private Communications. We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order.
c. Spam. We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
d. Mailboxes. If we make mailboxes available, these mailboxes may have a limited storage capacity. If You exceed the maximum permitted storage space, We may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
20. International Use
Although the Website and the Services may be accessible worldwide, We make no representation that the content on the Website or the Services, or that use of or access to the Website or Services, is legally permissible outside the United States. Those who choose to access the Website and Services from outside the United States do so at their own risk and on their own initiative and are solely responsible for compliance with all applicable laws. Any offer for any product, service and/or information made in connection with the Website or the Services is void where prohibited.
21. Termination of Use
b. Access Denied. Upon termination or suspension, regardless of the reasons therefore, Your right to use the Website and Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files, the Website or the Services. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.
22. Governing Law
You agree to receive any and all required notices electronically at the email address provided by You upon registration with Us. All notices to Us shall be in writing and shall be made via email at firstname.lastname@example.org. We may broadcast notices or messages through the Website to inform You of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.
24. Entire Agreement
25. Export Restrictions.
b. Denied Parties List. The Services may not be exported to, re-exported to, transferred to, or used by any restricted person or entity, including those listed on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person's List or Entity List, the State Department's Debarred list, or similar denied parties list (collectively, "Denied Parties List") without prior authorization by the U.S. Government.
c. Prohibited End Uses. The Services also may not be exported, re-exported, or transferred if for use directly or indirectly in any prohibited activity described in Part 744 of the U.S. Export Administration Regulations, including certain nuclear, chemical or biological weapons, rocket systems or unmanned air vehicle end-uses.
d. Representations and Warranties. You represent and warrant that (i) You will not export, re-export, sell or supply, directly or indirectly, from the United States, or if You are a U.S. citizen, from wherever You are located, the Services to any of the Prohibited Countries without prior authorization by the U.S. Government, (ii) You will not export, re-export, or transfer the Services to any restricted person or entity, including those on the Denied Parties List, (iii) You are not on the Denied Parties List, and (iv) You will not export, re-export or transfer the Services for use, either directly or indirectly, in any prohibited activity described in Part 744 of the U.S. Export Administration Regulations, including certain nuclear, chemical or biological weapons, rocket systems or unmanned air vehicle end-uses.
27. Service Support. If You need assistance regarding Your use of the Services, please email email@example.com.
a. Cause of Action. Any cause of action brought by You against Us or Our licensors must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
30. Contact Information
Last Updated: April 12, 2017