Terms of Service
1. Your Acceptance
- By using or visiting the Find-Lead.com website or any Find-Lead.com products, software, data feeds, and services provided to you on, from, or through the Find-Lead.com website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Find-Lead.com's privacy notice, found at incorporated herein by reference and also incorporated herein by reference. If you do not agree to any of these terms, please do not use the Service.
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Find-Lead.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. Service
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Find-Lead.com, including but not limited to all products, software and services offered via the Find-Lead.com website.
- The Service may contain links to third party websites that are not owned or controlled by Find-Lead.com. Find-Lead.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Find-Lead.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Find-Lead.com from any and all liability arising from your use of any third-party website.
- Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
3. General Use of the Service — Permissions and Restrictions
Find-Lead.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without Find-Lead.com's prior written authorization.
- You agree not to alter or modify any part of the Service.
- You agree not to use the Service for any of the following commercial uses unless you obtain Find-Lead.com's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Find-Lead.com appears on the same page and is of sufficient value to be the basis for such sales.
- Prohibited commercial uses do not include:
- uploading an original text to Find-Lead.com, or maintaining an original text on Find-Lead.com, to promote your business or artistic enterprise;
- any use that Find-Lead.com expressly authorizes in writing.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Find-Lead.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Find-Lead.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Find-Lead.com reserves the right to revoke these exceptions either generally or in specific cases.
- In your use of the Service, you will comply with all applicable laws.
- Find-Lead.com reserves the right to discontinue any aspect of the Service at any time.
4. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Find-Lead.com, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by Find-Lead.com on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Find-Lead.com or the respective licensors of the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Find-Lead.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
5. Your Content and Conduct
- As a Find-Lead.com account holder you may submit Content to the Service, including text and user comments. You understand that Find-Lead.com does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Find-Lead.com, you hereby grant Find-Lead.com a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Find-Lead.com's business.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
- Find-Lead.com does not endorse any Content submitted to the Service by any user or other licensor, and Find-Lead.com expressly disclaims any and all liability in connection with Content.
6. Account Termination Policy
- Find-Lead.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- Find-Lead.com reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Find-Lead.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
7. Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
- Find-Lead.com's designated Copyright Agent to receive notifications of claimed infringement is: copyright@find-lead.com. For clarity, only DMCA notices should go to the Copyright Agent.
- Counter-Notice. If you believe that your Content that was removed is not infringing, you may send a counter-notice to the Copyright Agent containing: your physical or electronic signature; identification of the Content that has been removed; a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification; and your contact information.
- If a counter-notice is received by the Copyright Agent, Find-Lead.com may send a copy of the counter-notice to the original complaining party. The removed Content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at Find-Lead.com's sole discretion.
8. Warranty Disclaimer
9. Limitation of Liability
IN NO EVENT SHALL FIND-LEAD.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OUR SECURE SERVERS, INTERRUPTION OR CESSATION OF TRANSMISSION, BUGS, VIRUSES, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FIND-LEAD.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Find-Lead.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Find-Lead.com without restriction.
13. General
These Terms of Service shall be governed by the internal substantive laws, without respect to its conflict of laws principles. Any claim or dispute between you and Find-Lead.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction. These Terms of Service and any other legal notices published by Find-Lead.com on the Service shall constitute the entire agreement between you and Find-Lead.com concerning the Service. Find-Lead.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.
YOU AND FIND-LEAD.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.