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ATTENTION: PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES
THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS OF USE ("TERMS"), DO NOT USE THIS WEB
SITE.
Use of Site
This web site (the "Site") is designed to
provide information to businesses and assist Leads.com's
business customers with advertising, lead generation,
Internet marketing other services, and it is not directed
toward individual Internet users ("Consumers").
However, Consumers are welcome to view and enjoy our
Site.
Leads.com authorizes users to view and, where permitted,
download materials at this Site. Leads.com customers
may also transact business and manage their relationships
with Leads.com through a password-protected, user-specific
account (an "Account") on this Site. Any viewing,
downloading, transactions, submissions, postings or
other use of this Site is subject to these Terms.
You may not modify the content or materials at this
Site in any way or reproduce or publicly display, perform,
or distribute or otherwise use them for any public or
commercial purpose. Unless authorized by Leads.com in
writing, you may not use the content or materials on
this Site on any other Web site or networked computer
environment for any purpose. In using this Site or any
products or services offered on this Site or otherwise
by Leads.com, you shall comply with any and all applicable
laws and regulations and shall not infringe in any way
on the rights of any other party, including without
limitation, trademark, copyright, patent or other intellectual
property rights, or rights of privacy or publicity or
other proprietary rights. You agree that shall cause
any harm or damage to this Site through any act or omission,
including, without limitation, transmission, submission,
posting delivery or provision of any content, material
or information that contains any virus, worm, trojan
horse or other codes or programming that will delay,
disrupt, interfere with, or damage websites, software,
computers or networks or expropriate any data or information.
You shall not use the Site or any products or services
of Leads.com for unsolicited e-mail, chain letters,
junk mail, spamming, or any use of distribution lists
to any person who has not given specific permission
to be included in such a process.
Posting or Submissions
In using the Site, you may have the opportunity to post
content on, on otherwise submit information through,
the Site. By posting or submitting any such content
or information, you represent and warrant that you own
or otherwise control all of the rights to the content
and information and that use of your content will not
infringe or violate the rights of any third party. You
are prohibited from posting or transmitting to or from
this Site any illegal, infringing, false, misleading,
threatening, defamatory, pornographic, or other material
that would violate any law. If you transmit any business
information through an Account, Leads.com will only
use such information for the purposes of providing products
or services and otherwise managing your business relationship
with Leads.com. By posting or transmitting any other
content or information to this Site (i.e., other than
business information provided through an Account) you
grant Leads.com the right to use, reproduce, display,
perform, adapt, modify, distribute, have distributed,
and promote the content in any form, anywhere and for
any purpose.
Usage Limitations
You acknowledge and agree that all content and materials
available on this Site are protected by copyrights,
trademarks, service marks, patents or other proprietary
rights. Except as expressly authorized by Leads.com,
you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative
works from such materials or content. Notwithstanding
the foregoing, users that are customers of Leads.com
may use their own data and information that they provide
on this site in managing their account with Leads.com.
Users may not access or use the data or information
of other customers without the express permission of
the owner of such data or information.
Systematic retrieval or mining of data, information
or other content from this Site to create or compile,
directly or indirectly, a collection, compilation, database
or directory without written permission from Leads.com
is prohibited. Any use of this Site or its content or
materials for any purpose not expressly permitted in
these Terms of Use is prohibited.
International Use of Site
Leads.com makes no representation that the materials
at this Site are appropriate or available for use outside
the United States, and access to them from territories
where their contents are illegal is prohibited. You
may not use or export or re-export the materials at
this Site or any copy or adaptation in violation of
any applicable laws or regulations including without
limitation U.S. export laws and regulations. If you
choose to access this Site from outside the United States,
you do so on your own initiative and are responsible
for compliance with applicable local laws
Third Party Web Sites
This Site may contain links to the web sites of other
parties. If you use these links, you will leave this
Site. Leads.com has not reviewed all of these third
party sites and does not control and is not responsible
for any of these sites or their content. Leads.com does
not endorse or make any representations about them,
or any content, information, products, services or materials
found there, or any results that may be obtained from
using them. The inclusion of a link to a third party
site does not imply endorsement of the site by Leads.com
or any association with its operators. If you decide
to access any of the third party sites linked to this
Site, you do this entirely at your own risk.
Applicable Law and Jurisdiction
This Site is administered by Leads.com from its offices
in Virginia. These Terms will be governed by and construed
in accordance with the laws of the Commonwealth of Virginia,
except for its principles of conflicts of laws. Any
and all claims or disputes arising out or relating to
your use of this Site shall be exclusively resolved
in the state and federal courts of the Commonwealth
of Virginia, and you expressly agree and submit to the
exercise of personal jurisdiction of such courts for
the purpose of litigating any such claim or action.
Privacy
See our Privacy Policy available at http://www.leads.com/privacy.html.
Trademarks
All trademarks or registered trademarks are property
of their respective owners.
Copyright
Unless where indicated otherwise, all materials on this
Site are protected by copyright of Leads.com, Inc.,
with all rights reserved worldwide. Reproduction, copying,
or redistribution for commercial purposes of any materials
or design elements on this Site without the written
permission of Leads.com is strictly prohibited.
DISCLAIMER
LEADS.COM MAKES NO GUARANTEES OR WARRANTIES REGARDING,
POSITION, PLACEMENT, APPEARANCE, RESULTS OR INCOME RELATING
TO ANY ADVERTISEMENTS, LISTINGS, SEARCH SERVICES OR
OTHER PRODUCTS OR SERVICES.
UNLESS OTHERWISE PROVIDED IN WRITING, ALL MATERIALS,
INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED
"AS IS," "AS AVAILABLE" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
LEADS.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT
WARRANT THAT THE MATERIALS, DATA, INFORMATION, SERVICES
OR OTHER CONTENT ARE ACCURATE, RELIABLE OR CORRECT;
THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE SITE, CONTENT, DATA INFORMATION OR MATERIALS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR
USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LEADS.COM, ITS SUBSIDIARIES,
OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS OR THEORY, EVEN IF LEADS.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LEADS.COM'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LEADS.COM'S
LIABILITY, ARISING OUT OF ANY KIND OF CLAIM (WHETHER
IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED
WITH THE SITE, OR THE PRODUCTS OR SERVICES OF LEADS.COM
OR ITS ADVERTISERS, PARTNERS OR LICENSORS EXCEED THE
TOTAL DOLLAR AMOUNT YOU PAID LEADS.COM.
Indemnity
You agree to defend, indemnify, and hold harmless Leads.com
and its subsidiaries, and their employees, contractors,
officers, and directors from and against all liabilities,
claims, and expenses, including reasonable attorney's
fees, that arise from your use or misuse of this Site.
Leads.com reserves the right, at it own expense, to
assume the exclusive defense and control of any matter
otherwise subject to this indemnification obligation.
You agree to cooperate with Leads.com and provide reasonable
assistance in connection with Leads.com's defense of
any matter hereunder.
Changes in Terms of Use
Leads.com reserves the right to update or revise these
Terms of Use at any time. Please check the Terms periodically
for changes. Your continued use of this site following
the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
Changes in Products, Services or Prices
Availability, pricing and features of products and services
offered through this Site, or otherwise offered by Leads.com,
are subject to change. Pricing for products and services
is determined solely by a valid contract between Leads.com
and a customer.
Entire Agreement
Unless otherwise provided in writing, these Terms constitutes
the entire agreement between you and Leads.com with
respect to this Site and supersedes all prior or agreements,
understandings or communications (whether oral, written,
or electronic) between you and Leads.com with respect
to this Site. If any part of these Terms is held invalid
or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in
full force and effect.
Termination
Leads.com may, in its sole discretion, terminate your
use of or access to this Site, at any time with or without
notice.
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