[Last updated June 21, 2023]
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the website and web application (the "Service") operated by LeadSimple Inc. ("us", "we", or "our"). These Terms also are subject to our Acceptable Use Policy.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. You must be at least 18 years of age or older to access or use the Service. These Terms apply to all visitors, users and others who wish to access or use the Service. If you are accessing or using the Service on behalf of an entity, you represent that you are authorized to accept these Terms on behalf of that entity and that entity has agreed to be bound by these Terms.
If you disagree with any part of the terms, then you do not have permission to access the Service and should not access the Service.
You will need to register for an Account to access some or all of the Service. By creating an Account on the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send to you by electronic communication. However, you may opt out of receiving any, or all, of these electronic communications from us by following the unsubscribe link or instructions provided in any electronic communications we send. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the current terms and conditions, unless you cancel the Subscription, or we cancel it. You may cancel your Subscription, effective as of the end of the current term, to prevent renewal either through your online account management page or by contacting our Customer Support Team at support@leadsimple.com. Inactivity does not constitute automatic cancellation, so unless you cancel your Subscription in accordance with this section, you will continue to be charged for the Subscription to the Services. You will remain responsible for all fees and any applicable taxes and other charges for the Subscription rendered up through the cancellation date.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such billing information, you EXPRESSLY ACKNOWLEDGE AND AUTHORIZE LEADSIMPLE INC. (OR OUR THIRD PARTY PAYMENT PROCESSOR) TO CHARGE YOU ON A MONTHLY, QUARTERLY, ANNUAL, OR OTHER BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Account and Subscription may be suspended until your payment is processed. You must resolve any problem we encounter in order to proceed with the Subscription.
Should you fail to correct the payment processing issue for any reason, LeadSimple Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, to pay the full payment corresponding to the billing period as indicated on the invoice for the Account and Subscription to be restored.
We may, at our sole discretion, offer the Subscription as a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, then you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type and term of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Subject to the express terms of your Subscription Agreement, we, in our sole discretion and at any time, may modify the Subscription fees for any of the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees before such change becomes effective. The cancellation rules for the Subscription also shall apply in the event we change the Subscription fees.
Your continued use of the Service after the effective date of the Subscription fee change shall constitute your acknowledgement and agreement to pay the new Subscription fee amount.
Requests for refunds for Subscriptions must be submitted in writing. The decision to grant a refund shall be made by us, based upon our sole and absolute discretion.
All the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained in the Services (collectively, the “Content”) are owned by or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we, and our licensors, reserve all rights in and to the Services and the Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services and the Content for (i) your own personal use or (ii) if you are a business or organization, to communicate about your business or organization with your customers. However, this license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Services or the Content; (b) copy, reproduce, distribute, publicly perform or publicly display the Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Services or the Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Services or the Content other than for their intended purposes. Any use of the Services or the Content, other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the limited license granted herein.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, emails, calls, sms messages or other material ("Data"). You are responsible for the Data that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Data on or through the Service, You represent and warrant that: (i) the Data is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or other third party intellectual property right.
You retain any and all of your rights to any Data you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Data you or any third party posts on or through the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.
We have the right, but not the obligation to monitor and edit all Data provided by you or any other users of the Service. We may view, copy and internally distribute content from your communications and account to develop algorithms and programs ("Tools") that help us improve the Service. We also may use these Tools to identify any users of the Service who violate these Terms or applicable law.
When you create an Account with us, you represent and confirm that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or possible termination of your Account on the Service. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while using your Account to access or use the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
If you think anyone using the Services is violating any of these Terms, please notify us immediately by emailing support@leadsimple.com.
The Service, including its original content (excluding Data provided by you or other users), features and functionality, shall and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including but not limited to Export Control and Sanctions Laws and those that relate to privacy and data protection and to the sending of electronic communications. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
If you believe that any content or materials on the Services unlawfully infringes the copyrights in a work that you own or control and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our Designated Agent:
If you believe that your content should not have been removed for alleged copyright infringement, the following information in the form of a written notification must be provided to our Designated Agent.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Notification of copyright infringement should be sent by mail or email to:
LeadSimple Inc.
Attention: Legal
PO. Box 1354
Brush Prairie, WA 98606
legal@leadsimple.com (email)
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
The receipt and use of our Service may be subject to export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Control Laws”). You agree to abide by all Export Control Laws as they relate to your access and use of our Service. You will not, directly or indirectly, access or use our Service if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”). You also will not provide access to or allow the use of our Services by any government, entity or individual: (a) located in any Prohibited Jurisdiction; or (b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or subject to any other expert control or economic sanctions lists or programs. You represent and warrant that: (a) you are not named on or subject to any government sanctions programs or list of persons or entities prohibited from receiving U.S. exports or engaging in transactions with any U.S. person; (b) you are not located in, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service in the event of a breach of our Acceptable Use Policy. We are not responsible for any loss or harm related to your inability to access or use our Services in such event. We also reserve the right to terminate your access or use of the Service for a breach of these Terms, following notice and thirty (30) days to cure the breach of these Terms. In the event of termination arising from your breach, you will remain liable for any Subscription fees through the end of the current term of the Subscription.
If you wish to terminate your Account, you may simply discontinue using the Account; however, inactivity will not cancel your Subscriptions, which must be canceled in accordance with the “Subscription” section above. Until you properly cancel your Subscription, you will continue to be charged for the Subscription to the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless LeadSimple Inc. our parent, subsidiaries and affiliates, each of our respective officers, directors, agents, partners and employees, and our licensee and licensors, and their employees, contractors, agents, officers and directors, (collectively “LeadSimple Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Data posted on the Service by you. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other LeadSimple Parties.
IN NO EVENT SHALL LEADSIMPLE INC., OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE—FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE IN EXCESS OF THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE OUR LIABILITY FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE LEADSIMPLE INC. AND THE OTHER LEADSIMPLE INC. PARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR SERVERS USED TO PROVIDE THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. AS BETWEEN YOU AND US, YOU WILL BE SOLELY RESPONSIBLE FOR RESPONDING TO AND HONORING ALL REQUESTS RELATING TO THE RIGHTS OF YOUR USERS OR CONTACTS AND THEIR PERSONAL DATA PURSUANT TO AND IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS.
You promise to follow these rules:
1. You won’t send Spam! By “Spam,” we mean the definition on the Spamhaus website.
2. You won’t use purchased, rented, or third-party lists.
You understand that LeadSimple Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, LeadSimple Inc., or any other LeadSimple Inc. service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by LeadSimple Inc..
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LeadSimple Inc. customer, employee, member, or officer will result in immediate Account termination.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by us) of other of our customers, we reserve the right, in our sole discretion, to immediately disable your Account or throttle your file hosting until you can reduce your bandwidth consumption.
LeadSimple Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
The failure of LeadSimple Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and LeadSimple Inc. and govern your use of the Service, superseding any prior agreements between you and LeadSimple Inc. (including, but not limited to, any prior versions of the Terms of Service).
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.
Severability and Entire Agreement
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by you except with our prior written consent.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to the Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your Account or providing notice through the Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services and cancel your Subscriptions.
If you have any questions about these Terms, please contact us.
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