These Terms and Conditions
of Service govern your use of this website. This website is provided by LeadPOD
which is owned and operated by LeadPOD, Inc. By accessing
this site, you are indicating your acknowledgment and acceptance of these
Terms and Conditions of Use. These Terms and Conditions of Use are subject
to change by LeadPOD at any time in its discretion without
further notice. Your use of this site after such changes are implemented
constitutes your acknowledgment and acceptance of the changes. Please
consult these Terms and Conditions of Use regularly. These Terms and Conditions
apply exclusively to your access to, and use of, this website and does
not alter in any way the terms or conditions of any other agreement you
may have with LeadPOD, Inc., for products, services or
otherwise.
Representations and Warranties
You represent and warrant to
LeadPOD that, to the best of your knowledge and ability,
any and all information submitted by you to this website is true and accurate.
Restrictions On Use
You may use this site for purposes
expressly permitted by this site. You may not use this site for any other
purpose, including any commercial purpose, without LeadPOD’s
express prior written consent. For example, you may not (and may not authorize
any other party to co brand this site or frame this site, without the
express prior written permission of an authorized representative of LeadPOD.
For purposes of these Terms and Conditions of Use, “co branding”
means to display a name, logo, trademark, or other means of attribution
or identification of any party in such a manner as is reasonably likely
to give a user the impression that such other party has the right to display,
publish, or distribute this site or content accessible within this site.
You agree to cooperate with LeadPOD in causing any unauthorized
co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
The material and content accessible
from this site, and any other World Wide Web site owned, operated, licensed,
or controlled by LeadPOD (the “Content”) is
the proprietary information of LeadPOD, and LeadPOD
retains all right, title, and interest in the Content. Accordingly, the
Content may not be copied, distributed, republished, uploaded, posted,
or transmitted in any way without the prior written consent of LeadPOD,
except that you may print out a copy of the Content solely for your personal
use. In doing so, you may not remove or alter, or cause to be removed
or altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Content. Modification
or use of the Content except as expressly provided in these Terms and
Conditions of Use violates LeadPOD’s intellectual
property rights. Neither title nor intellectual property rights are transferred
to you by access to this site.
Hyperlinks
This site may be hyper-linked
to other sites, which are not maintained by, or related to, LeadPOD.
Hyper-links to such sites are provided as a service to users and are not
sponsored by or affiliated with this site or LeadPOD. LeadPOD
has not reviewed any or all of such sites and is not responsible for the
content of those sites. Hyper-links are to be accessed at the user’s
own risk, and LeadPOD makes no representations or warranties
about the content, completeness or accuracy of these hyper-links or the
sites hyper-linked to this site. Further, the inclusion of any hyper-link
to a third-party site does not necessarily imply endorsement by LeadPOD
of that site.
Third-Party Content & Services
LeadPOD may provide
hyperlinks to WebPages and content of third parties ("Third-Party
Content") as a service to those interested in this information. LeadPOD
does not monitor nor does LeadPOD have control over any
Third-Party Content or Third-Party Websites. LeadPOD does
not endorse or adopt any Third-Party Content and can make no guarantee
as to its accuracy or completeness. LeadPOD does not warrant
the accuracy of any information contained therein and undertakes no responsibility
to update or review any Third-Party Content. Users use of these hyperlinks
and Third Party-Content contained therein at their own risk.
Trademarks
Trademarks, service marks,
and logos appearing in this site are the property of LeadPOD
or the party that provided the trademarks, service marks, and logos to
LeadPOD. LeadPOD and any party that provided
trademarks, service marks, and logos to LeadPOD retain all
rights with respect to any of their respective trademarks, service marks,
and logos appearing in this site.
Disclaimer
YOUR USE OF THIS SITE IS AT
YOUR OWN RISK. THIS WEBSITE AND THE MATERIALS IN THIS WEBSITE ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. LeadPOD DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LeadPOD
DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. LeadPOD DOES
NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. LeadPOD DOES NOT WARRANT
THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LeadPOD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING
USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY,
OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS, AND LeadPOD MAY MAKE CHANGES OR IMPROVEMENTS AT
ANY TIME. YOU, AND NOT LeadPOD, ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS
OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. LeadPOD
MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH CONTENT.
LeadPOD reserves the right to change any and all content
contained on this website at any time without notice. Reference to any
products, services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by LeadPOD. All of
the information in this site, whether historical in nature or forward-looking,
speaks only as of the date the information is posted on this site, and
LeadPOD does not undertake any obligation to update such
information after it is posted or to remove such information from this
site if it is not, or is no longer, accurate or complete.
Limitation of Liability
IN NO EVENT SHALL LeadPOD,
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INCIDENTAL,
DIRECT, SPECIAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, OR
EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN
AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
WEBSITE OR THE MATERIALS CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE.
Indemnity
You will indemnify and hold
LeadPOD, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers, directors,
and contractors (the “Indemnified Parties”) harmless from
any breach of these Terms and Conditions of Use by you, including any
use of Content other than as expressly authorized in these Terms and Conditions
of Use. You agree that the Indemnified Parties will have no liability
in connection with any such breach or unauthorized use, and you agree
to indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorneys’ fees of the Indemnified Parties in connection
therewith. You will also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising out of your
use of this site.
Security
Any passwords used for this
site are for individual use only. You will be responsible for the security
of your password (if any). LeadPOD will be entitled to monitor
your password and, at its discretion, require you to change it. If you
use a password that LeadPOD considers insecure, LeadPOD
will be entitled to require the password to be changed and/or terminate
your account.
You are prohibited from using
any services or facilities provided in connection with this site to compromise
security or tamper with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g., password guessing programs,
cracking tools or network probing tools) is strictly prohibited. If you
become involved in any violation of system security, LeadPOD
reserves the right to release your details to system administrators at
other sites in order to assist them in resolving security incidents. LeadPOD
reserves the right to investigate suspected violations of these Terms
and Conditions of Use.
LeadPOD reserves
the right to fully cooperate with any law enforcement authorities or court
order requesting or directing LeadPOD to disclose the identity
of anyone posting any e-mail messages, or publishing or otherwise making
available any materials that are believed to violate these Terms and Conditions
of Use.
BY ACCEPTING THIS AGREEMENT
YOU WAIVE AND HOLD HARMLESS LeadPOD FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY LeadPOD DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER LeadPOD OR LAW ENFORCEMENT AUTHORITIES.
Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the County of Santa Clara, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.
Termination
Notwithstanding any of these
terms and conditions, LeadPOD reserves the right, without
notice and in its sole discretion, to terminate your license to use this
website, and to block or prevent future access to and use of this website.
Severability
If any provision of these terms
and conditions shall be deemed unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability of any remaining
provisions. If you have any questions about this legal notice, the practices
of this site, or your dealings with this website, please contact us at
customercare@LeadPOD.net.