Terms of Service
(Effective as of June_, 2021)
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN EACH END USER (REFERENCED HEREIN AS “USER,” “YOU” OR “YOUR”) AND LEADSNAP [(REFERENCED HEREIN AS “LEADSNAP” OR “COMPANY”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS OF USE (REFERENCED HEREIN AS THE “AGREEMENT” OR “TERMS” OR “TERMS OF USE”) BECAUSE THEY GOVERN YOUR USE OF THE LEADSNAP WEBSITE LOCATED AT https://LeadSnap.com/ AND THE LEADSNAP MOBILE APPLICATION (REFERENCED COLLECTIVELY HEREIN AS THE “SERVICE”). The “Service” contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about LeadSnap and its Services, “Content”). For purposes of these Terms of Use, the term “Site” also includes the Content, except where the context specifically indicates otherwise. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO USE THE SERVICE AND YOU MUST IMMEDIATELY STOP USE OF THE SERVICE.
1. LICENSE GRANT. Subject to your continued compliance with this Agreement, LeadSnap provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license (“License”) to access and use the Services during the term of this Agreement on your (and a single) computer, mobile phone, or other computing device and only for personal or internal business purposes. The content layout, formatting, features of and online or remote access processes or privileges for the Services shall be as specified by LeadSnap in its sole discretion. You also acknowledge and agree to the following: (i) LeadSnap has the right to control and direct the means, manner, and method by which the Service is provided; (ii) LeadSnap may, from time to time, engage independent contractors, consultants, or subcontractors to aid LeadSnap in providing the Service or use thereof, and (iii) LeadSnap has the right to provide the Service to others. This License may be revoked by LeadSnap at any time for any reason with or without notice to you at LeadSnap’s sole discretion.
2. RESTRICTIONS ON USE. All rights not expressly granted under this Agreement are hereby reserved to LeadSnap. Accordingly, you are hereby prohibited from using the Service in any manner that is not expressly and unambiguously authorized by this Agreement. You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, decompile, extract source code, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Service, or any portion of the Service, without LeadSnap’s prior written consent except as expressly and unambiguously authorized herein. You may not do the following: (a) attempt to gain unauthorized access to any portion or feature of the Service or any other system-(s) or network(s) connected to the Service or to any LeadSnap server or to any of the services offered on or through the Service by hacking, password “mining,” or any other illegitimate or prohibited means; (b) probe, scan, or test the vulnerability of the Service or any network(s) connected to the Service, nor breach the security or authentication measures on the Service or any network(s) connected to the Service; (c) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service; (d) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service; (e) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to LeadSnap on or through the Service; (f) delete, obscure, or in any manner alter any warning or link that appears in the Service; or (g) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Service if you are not expressly authorized by such party to do so; (h) bypass phone-based verification systems (e.g. Craigslist, Facebook); (j) facilitate remote computer repair or “virus removal” services; (k) use the Service in any manner that may subject LeadSnap or any third party to liability, damages, violations of law, or danger; (l) engage in unsolicited marketing messages or broadcasts (i.e. spam, sending text messages in bulk, in a pattern that suggests cold outreach rather than one-to-one communication); (m) facilitate unsolicited ringless voicemail or using bandit signs in violation of applicable law; (o) send any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers, or use strings of numbers as it is unlawful to engage two or more lines of a multi-line business; (p) interfere with another’s use and enjoyment of the Service; (q) collect, use or disclosure of personal information of individual persons (sometimes referred to as “personally identifiable information,” “PII,” or “personal data”) without obtaining the person’s legally-valid consent or otherwise establishing a lawful basis for such personal information processing activities; or (r) use the Service in an unlawful manner, including, without limitation, to post, upload, transmit, or otherwise make available any material which violates, misappropriates, or infringes in any way upon the rights of others, is unlawful, threating, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute unlawful conduct.
Any of the uses above may constitute ‘Misuse of the Service.’ LeadSnap retains the right to determine ‘Misuse’ at its sole discretion, and “may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, LeadSnap reserves the right at all times to disclose any information as LeadSnap deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Service available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. However, your liability for any unpaid fees, shall survive any termination.
3. GENERAL RIGHTS YOU GRANT US. You permit LeadSnap the right (i) to allow the Service to use the processor, bandwidth, and storage hardware on your mobile device or other device used to access the Service in order to facilitate the operation of the Service, (ii) to provide advertising and other information to you, and (iii) to allow our business partners to do the same. With respect to the foregoing, you hereby allow the Service to access your contacts and all the related information therein for synchronization with your phonebook directory.
You further grant to LeadSnap a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right and license to use, reproduce, display, publish, translate, modify, create derivative works from, and distribute the data and information you submit or provide to the Service that is gathered by LeadSnap in connection with your use of the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. You represent and warrant that you have all necessary permissions to share your data and information, and that you have no knowledge of any objection, on the behalf of any of your respected contacts, to include their names and phone numbers in the phonebook directory, which is available for other registered users.
4. ELIGIBILITY. You must be at least 13 years of age to create an account on LeadSnap and use the Service. By creating and account and using the Service, you represent and warrant that you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition and that you have never been convicted of a felony or been required to register as a sex offender with any state, federal or local sex offender registry.
5. USER OBLIGATIONS. By downloading, accessing, or using the Service, you covenant that you will abide by the terms herein as well as all applicable local, state, and national laws and regulations with respect to your use of the Service and that you are at least the legal age of majority. You further covenant you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to LeadSnap through the Service and agree to provide LeadSnap reasonable cooperation in connection with operation of or support for the Service. You also acknowledge and agree that additional notices, terms, and conditions may apply to the use of other LeadSnap services or solutions. Additionally, LeadSnap does not promise nor guarantee specific results from using the service provided by LeadSnap or any third-party.
6. RESPONSIBILITY FOR CONTENT
(a) Website. LeadSnap shall not be responsible for any use that is or is not made of the Service. LeadSnap makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Service. LeadSnap does not endorse any opinions expressed by any User. Each User agrees and acknowledges that he or she uses the Service at their own risk and that User is responsible for taking any actions necessary to determine whether their use will infringe any third-party intellectual property, privacy, or publicity right. You agree to be solely responsible for the accuracy of the content submitted.
(b) Downloads. LeadSnap does not guarantee that data made available through the Service will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.
7. OWNERSHIP. The Service including without limitation the Content, the Site, the user interface, code, codebase, data, text, graphics, logos, icons, images, audio files, data compilations, the selection and format thereof, as well as the underlying software and databases are the sole and exclusive property of LeadSnap and are protected by American and international intellectual property laws. LeadSnap owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Service to the fullest extent provided under law. Users shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction, or other notice on the Site. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of LeadSnap without the written consent of LeadSnap.
8. ACCOUNT. You may be required to register to use the Service. Each registration is for a single user only, unless otherwise expressly agreed upon by LeadSnap. Registration for access to and use of the Service may also require access credentials, such as a username and a password, or adherence to other particular access requirements as designated by LeadSnap in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a username and password, as confidential information and not to disclose such information to any third party without the prior express written consent of LeadSnap, which may be withheld in its sole discretion. In addition, you agree to assume all responsibility concerning your use of the Service, including being held responsible for any and all activity occurring through your username and password (and the related account access). You shall immediately notify LeadSnap if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password.
User accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Site with his or her password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by LeadSnap unless acknowledge by LeadSnap in writing. LeadSnap has no obligation to provide you with written acknowledgment. LeadSnap may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
9. FEE & SUBSCRIPTION. By selecting a paid Service plan (either monthly or annually), you agree to pay LeadSnap the then current monthly or annual subscription fees indicated for that Service. Fees will be charged to you on the same calendar day as the sign update for a Service and will cover the use of that Service for a monthly or annual period as indicated. By selecting and providing payment for a Service plan, you agree to allow LeadSnap, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Services as they become due plus all related taxes, and to reimburse us, our payment affiliates and any service providers for all collection costs and interest for any overdue amounts. You must notify us in writing if you dispute any portion of the fees paid or payable by you pursuant to these Terms. You must provide that written notice to us within fifteen (15) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.
Trial Period. The Service may include a free trial period or an amount of free months of use by selecting certain service plans, (which will be indicated when you subscribe to the Service), after which time, use of the Service will continue at the fees for the plan you selected until terminated.
In some cases, LeadSnap may incur additional fees related to porting your phone numbers into or out of LeadSnap. Certain geographies (including but not limited to Alaska and the Yukon Territories) also incur additional costs for forwarding calls. Sending or receiving SMS and MMS messages to/from certain carriers may incur additional network or carrier-access fees. LeadSnap reserves the right to pass these carrier-imposed costs on to you, and you agree to pay such costs.
Fees may change from time to time. Any charges incurred by your purchase or use of the Services, will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within ten (10) days of the change.
If, for any reason, your credit card is declined or the card issuer otherwise refuses to pay the amount owed for the Services you have purchased, LeadSnap may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Refunds. Except as described below, all fees paid for the Services provided on our Site are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, we reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
Mobile App: Additional fees may apply for any in app purchase made by you as the user via the app or from the mobile-app provider you originally purchased the app from. Including but not limited to, Apple iTunes/App store, Google play, Android App Store, or any other manufacturer or additional app store. You may access the applicable “in-app” purchase rules and policies directly from the applicable app store(s). Additional terms or conditions may apply to a subscription at the time of order or renewal.
You understand that your use of the Service is not contingent on the delivery by us of any future release of any functionality or feature, including without limited to, the continuation of a certain service beyond its current subscription term or third-party services or dependent on any public comments we make, regarding any future functionality or feature.
10. Mobile Services. The Service offers multiple utilities and or display functionalities that are available to you via your mobile phone or other mobile computing device (referred to collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services on your phone. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all of the available Mobile Services may work with all carriers or devices or in all locations where you might engage in use. Thus, you are solely responsible for checking with your specific mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Regardless of any surcharges or coverage details from your mobile provider, all use of the Service shall be strictly in accordance with this Agreement.
11. DATA COLLECTION, COMMUNICATIONS & UPDATES. By installing, accessing, or using the Service, you agree to allow LeadSnap to collect (on behalf of itself and its business partners) certain information regarding your use of the Service (including, without limitation, certain data regarding your mobile device (e.g., type of device, unique device ID, etc.), operating software, feature utilization, navigation, and personal information (e.g., name, email, etc.)). In particular, if you elect to use certain location-based features or services, LeadSnap may collect your precise location. You authorize LeadSnap to locate your device and to record, compile, and/or display your location. LeadSnap shall use reasonable skill and due care in providing the Service, but neither LeadSnap nor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service. You also agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, that remain inactive for longer than one (1) year, or in cases where you have violated one or more terms of this Agreement.
Subject to the rights granted to LeadSnap above, we maintain location information only so long as is reasonable to provide the Service and then delete location data tied to your personal information. LeadSnap may maintain de-identified location data for a longer period of time in order to analyze aggregate trends and metrics. LeadSnap may use and/or share location information with third parties for purposes of targeting advertising to the device. You also agree to receive electronic communications from LeadSnap. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service or LeadSnap’s other products, solutions, or services. These electronic communications are part of your relationship with LeadSnap and you receive them as part of your use of the Service. You therefore hereby agree that any such notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements. Further, you understand and agree that installation of the Service permits the downloading of updates and upgrades, including for the purpose(s) of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any update or upgrade that we provide; provided, however, that refusal of an update or upgrade may impact performance of the Service.
12. PRIVACY POLICY & OPT-OUT. Please see LeadSnap’s Privacy Policy located at https://leadsnap.com/privacy-policy for more details on LeadSnap’s collection and use of data including location-based information or personally identifiable information. Your use of the Service and the collection of location-based or personally identifiable information by and through the Service is addressed by LeadSnap’s Privacy Policy. You may opt-out of certain information collection by adjusting the settings on your device or following any further details set forth in LeadSnap’s Privacy Policy. Please note that your choice opt-out may apply only to the particular browser or device you are using when you opt out of the policy, and not to a specific provision of the privacy policy or to the privacy policy as a whole.
13. FEEDBACK. LeadSnap welcomes your feedback and suggestions about LeadSnap’s products or services or with respect to how to improve the Service. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to LeadSnap, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to LeadSnap and enable LeadSnap to use such Feedback. In addition, any Feedback received by LeadSnap will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for LeadSnap to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
14. LINKS TO OTHER SITES. The Service may connect to certain third-party websites or online networks (collectively, “Third Party Sites”). These Third-Party Sites have not necessarily been reviewed by LeadSnap and are owned, controlled and/or maintained solely by third parties over whom LeadSnap exercises no control. Your correspondence or any other dealings with third parties found through any Third Party Sites on the Service is solely between you and such third party. Accordingly, LeadSnap hereby expressly disclaims and shall not have any liability or responsibility for any Third Party Sites.
15. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use the Service in accordance with the terms of this Agreement. Accordingly, you hereby agree that LeadSnap transfers no ownership or intellectual property interest or title in and to the Service or any other LeadSnap intellectual property to you or anyone else in connection with your use of the Service. All text, data, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Service are exclusively owned, controlled, and/or licensed by LeadSnap or its affiliate(s). LeadSnap, and all other marks identifying the products or services of LeadSnap are proprietary trademarks of LeadSnap, and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of LeadSnap is hereby strictly prohibited.
16. CONFIDENTIALITY. You acknowledge and agree that the Service contains proprietary trade secrets and confidential or nonpublic information of LeadSnap and/or its licensors (the “Confidential Information”). You agree to secure and protect the confidentiality of the Confidential Information of LeadSnap (and/or its licensors) in a manner consistent with the maintenance of LeadSnap’s rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in this Agreement. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party’s rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.
17. NO AGENCY RELATIONSHIP. Nothing in these Terms of Use is intended to create or shall be construed as creating any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
18. DISCLAIMER. THE SERVICE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. LEADSNAP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, LEADSNAP DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. LEADSNAP ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT LEADSNAP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
LEADSNAP ASSUMES NO LIABILITY FOR FAILURE OR DELAY IN PERFORMANCE IN PART OR IN WHOLE IN ADDITION TO NOT BEING LIABLE FOR ANY CLAIM OR HARM RESULTING FROM YOUR USE OF THE SERVICE.
19. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE LEADSNAP FROM ANY CLAIM OF HARM RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES OR NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEADSNAP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE USE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY (INCLUDING, DATA STORAGE), AND MATERIALS AVAILABLE THROUGH THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF LEADSNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF LEADSNAP FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE SHALL NOT EXCEED $100 (US) OR THE AMOUNT PAID BY YOU TO LEADSNAP (FOR USE OF THE SERVICE) DURING THE TWELVE (12) MONTHS PRECEDING ANY CLAIM, WHICHEVER IS GREATER. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
20. INDEMNIFICATION. You agree to indemnify, defend, and hold LeadSnap (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation by of this Agreement.
21. SECURITY & ENFORCEMENT. LeadSnap reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Service (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Service. LeadSnap may share any User Information LeadSnap obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. LeadSnap will also disclose User Information as required by any court order and/or subpoena. In addition, LeadSnap hereby reserves the right in its sole discretion to, at any time and without notice, modify, suspend, terminate, and/or interrupt operation of or access to the Service, or any portion thereof, in order to protect the Service, LeadSnap’s intellectual property, LeadSnap, or the business interests of LeadSnap and/or its members and affiliates. Additionally, Leadnsap shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Service or subscriptions to the Service and shall have no obligation to refund any fees paid pursuant to this Agreement except for fees that are prepaid but unused at the time of termination in the event LeadSnap terminate this Agreement for convenience.
22. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of LeadSnap’s intellectual property or proprietary rights, may cause irreparable injury to LeadSnap, whereby such injury would not be quantifiable in monetary damages, and LeadSnap would not have an adequate remedy at law. In the event of such injury or potential for such injury you therefore hereby agree that LeadSnap shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.
23. GOVERNING LAW. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Texas as applied to agreements entered into and completely performed in the State of Texas. You agree to the exclusive personal jurisdiction by and venue in any federal or state court in the State of Texas and waive any objection to such jurisdiction or venue and further to a jury trial in any action. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. Any claim you might have against LeadSnap must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In any legal proceeding brought by LeadSnap, LeadSnap shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which LeadSnap may be entitled. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this Agreement or contact LeadSnap if you wish to receive a printed copy of this Agreement.
24. USER COMPLIANCE WITH ALL LAWS. You represent and warrant that your use of the Services will be in accordance with the LeadSnap Privacy Policy, with these Terms of Use, with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of data, software, technology, or (including technical data) exported from the United States, Canada or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, state, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of personally identifiable information or technical data; including but not limited to the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”); and the Telephone Consumer Protection Act (“TCPA”) Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Canadian Anti-Spam Law commonly referred to as (“CASL”)(collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations will be a material breach of these Terms of Service and may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU Data privacy laws, US export control laws and regulations and economic sanctions laws and regulations, or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we will not be liable if the Service doesn’t meet those requirements.
25. TERM AND TERMINATION. This Agreement will take (re-take) effect at the time you click “I ACCEPT,” download the Service or begin using the Service, whichever is earliest. You may uninstall or delete the Service at any time by utilizing the available uninstall or delete functionality offered by the applicable operating software or mobile device. However, by uninstalling or deleting the Service, you will no longer be able to access the Service’s functionality or related services and will not be entitled to any refund of any amount paid for a subscription. This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of the Service. Termination will be effective without notice. In addition, LeadSnap may in its sole discretion terminate this Agreement or suspend service upon notice to you for any or no reason. Upon termination of this Agreement, any and all right(s) to use the Service shall immediately cease and you must promptly delete or destroy all copies of the Service in your possession or control.
26. WAIVER & SEVERABILITY. LeadSnap’s failure to insist upon strict performance of any of the terms and conditions of this Agreement by you will not operate as a waiver of any subsequent default or failure of performance. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
27. MODIFICATIONS TO THESE TERMS. These Terms of Use are subject to change. LeadSnap may modify these terms and conditions at any time by posting or sending you a revised version of the Agreement, and may do so without advance notice to you. Accordingly, please review the terms and conditions found at this location on a periodic basis. Each time you access the Service, you agree to be bound by the Agreement in effect at the time you access the Service. If you do not agree to the revised terms, do not use the Service.
28. MISCELLANEOUS. You hereby agree that (a) this Agreement operates in addition to any terms of use imposed or required by Apple Inc., Google, Inc., Microsoft, Inc. or any other digital download platform from which you download the Service (“App Provider Terms”); and (b) the terms of this Agreement supplement and do not alter or amend any such App Provider Terms. No joint venture, partnership, employment, or agency relationship exists between you and LeadSnap as a result of this Agreement or your utilization of the Service. Headings are for convenience only. This Agreement and LeadSnap’s Privacy Policy found at https://leadsnap.com/privacy-policy represent the entire agreement between you and LeadSnap with respect to use of the Service, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and LeadSnap. You may not assign, delegate, or transfer any rights under this Agreement without the prior express written consent of LeadSnap, which may be withheld in LeadSnap’s sole discretion.
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