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Terms of use

last updated on 7 May, 2020

1. DESCRIPTION OF SITE; CHANGES TO TERMS OF USE We provide online advertising and marketing services across multiple channels and media, including to visitors to our websites looking for deals on third party goods and services, and advertising and marketing professionals who access the Websites to use Got Leads 365’s services including but not limited to live hot transfers, mobile pay-per-call, display advertising, leads, search engine marketing, and other online marketing services (collectively “Services”).

2. GOT LEADS 365’S PRODUCTS AND SERVICES The company does not charge any fees for your access to the Site. Company does charge fees for your use of Company’s products and/or services. All sales of products and/or services are subject to the Company’s terms and conditions of sale, a copy of which is available upon request. In the course of using the Site, you may be required to sign up as a member of the Site and/or required to enter certain information or to email certain information to the Company. You agree to provide the Company with correct information, and to promptly provide Company with updates to such information as may be necessary or appropriate.

3. SITE OWNERSHIP The Site, including all text, logos, or graphic images appearing therein, is protected by copyright, trademark, patent, trade secret, and other laws. The Site and all Site content are the property of Company and/or its affiliates and/or third-party licensors, and all right, title, and interest in the Site shall remain with such entities. You may not download and/or save a copy of any of the Site screens for any purpose; provided, however, you may print a copy of the information on the Site for your records. Nothing in these Terms of Use transfers any rights to you or any third party except as expressly set forth herein. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and you may be subject to penalties and/or damages.

4. HYPERLINKS

  • 4.1 Not Endorsements: A link from the Site to a non-Company website does not mean that the Company endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. The company expressly disclaims any liability related to such sites.

  • 4.2 Unauthorized Links: Company prohibits unauthorized hypertext links to the Site or the framing of any content available through the Site. The company reserves the right to disable any unauthorized links or frames.

5. SITE USE RESTRICTIONS

  • You will not post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, infringing, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law, or equitable principles, or otherwise violate any law.

  • Modify, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away, or donate any information obtained from the Site or portions thereof.

  • Use the Site in any manner that violates any applicable federal, state, local, and/or international laws, regulations, orders, or other restrictions.

6. PRIVACY Please see Company’s Privacy Policy. By using the Site, you consent to the Company’s use and disclosure of information that you provide Company in accordance with the Privacy Policy without any further notice or any liability to you or any other person.

7. USE MONITORING The company is not obligated to monitor your or any other user’s use of the Site; such responsibility rests solely with you. The company reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in Company’s sole judgment.

8. TERMINATION; VIOLATION OF TERMS OF USE Company reserves the right to terminate at any time, at its sole discretion, the Site, your use of the Site, and/or your use of Company’s services, including without limitation for violation of these Terms of Use. Additionally, Company reserves the right to seek all remedies available for violation of these Terms of Use, including the right to block access from a particular Internet address to the Site.

9. PASSWORD In using the Site, you may be assigned a password. You are responsible for maintaining the security of your password. The company is not liable for any loss that you may suffer through the use of your password by others. You shall notify the Company immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Site.

10. FEEDBACK IS THE PROPERTY OF COMPANY To the extent permitted by applicable law, by sending any comments or materials (collectively “Feedback”) to Company, including without limitation questions, submissions, suggestions, ideas, postings, comments, or the like, or posting Feedback to the Site, you grant Company a perpetual, non-revocable, transferable, unrestricted, non-exclusive, absolute, royalty-free, worldwide license to use the Feedback in any format or media now or hereafter known. Company shall have no obligation of any kind with respect to such Feedback and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the Feedback to others, and otherwise exploit the Feedback without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so. Further, Company shall be free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating any Feedback.

11. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Company will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should be submitted to Company’s designated agent using the following contact information: [NAME OF AGENT, ADDRESS, PHONE NUMBER]

12. REPRESENTATION AND WARRANTY DISCLAIMER The Site and all information on the Site, including text, images, and links, and the information on any websites, whether affiliated or unaffiliated with Company, which you may visit through the Site, are provided “as is” as a convenience to all users, without representation or warranty of any kind to you or any third party, including, but not limited to, any express or implied warranties (I) of merchantability or fitness for a particular purpose; (II) of informational content or accuracy; (III) of non-infringement; (IV) of quiet enjoyment; (V) of title; (VI) that the Site will operate error-free or in an uninterrupted fashion; (VII) that any defects or errors in the Site will be corrected; (VIII) that the Site is compatible with any particular hardware or software platform; or (IX) that all services offered by Company will be available in all markets. Efforts by Company to modify the Site shall not be deemed a waiver of these limitations. In the event your jurisdiction does not allow or limits the exclusion of warranties, some of the above exclusions may not apply to you.

13. LIMITATION OF LIABILITY Company, its stockholders, directors, officers, employees, agents, successors, assigns, affiliates, content and service providers, and partners shall not be liable to you or any third party for any loss of profits, loss of use, interruption of business, or any indirect, incidental, or consequential damages of any kind whatsoever, whether under these Terms of Use, as a result of the use of the Site and/or the information, services, and/or products that may be provided to you by Company in connection with the Site, under statute, regulation, common law precedent, or doctrine, or otherwise, including without limitation any such losses arising out of a third party’s unauthorized access to your personal information, even if Company and/or its stockholders, directors, officers, employees, agents, successors, assigns, affiliates, content and/or services providers, and/or partners were advised of the possibility of such damages and/or were negligent. Furthermore, in no event shall Company and its stockholders, directors, officers, employees, agents, successors, assigns, affiliates, content and services providers, and partners be liable to you or any third party for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or related to the Site, your use of the Site, and/or the information, services, and/or products that may be provided to you by Company in connection with the Site for an aggregate amount in excess of the value of the services and/or products provided to you by Company. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort, or otherwise. In jurisdictions that prohibit the exclusion or limitation of liability, liability hereunder is limited to the greatest extent permitted by law.

14. INDEMNIFICATION To the extent permitted by applicable law, you will indemnify, defend, and hold harmless Company and its stockholders, directors, officers, employees, agents, successors, assigns, affiliates, content and service providers, and partners from and against (and will pay upon demand each such person the amount of) any and all claims, losses, liabilities, suits, damages, and disputes, including attorney’s fees made, suffered, or incurred by any third party that arises from, relates to, or is caused by any breach by you of any covenant, representation, or warranty contained in these Terms of Use and/or your use of the Site. In connection with any suit, action, or proceeding that may give rise to an obligation of you to indemnify a person as set forth above, Company shall have the exclusive right, at its option, to defend, compromise, and/or settle the suit, action, or proceeding, and you shall be bound by the determination of any suit, action, or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive to and do not limit any other remedies that may be available to Company or any other party to be indemnified pursuant to this section.

15. DISPUTE RESOLUTION (ARBITRATION CLAUSE) You and Company each agree to submit to binding arbitration in the event of a dispute, controversy, or claim (each, a “Claim”) arising out of or in connection with these Terms of Use, the Privacy Policy, your or Company’s rights and obligations under these Terms of Use, or the Privacy Policy, the Site, the use of the Site, and/or the information, services, and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in Maryland before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You may select one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). If you fail to select an arbitration organization within 30 days after notice from the Company, Company may select the organization. You may obtain a copy of the rules of each organization by contacting the organization. If any Claim cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Claim may be submitted to binding arbitration with the other organization. You and the Company shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert, and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration Final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this arbitration clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this arbitration clause shall be unenforceable. You may opt out of this arbitration agreement. If you do so, neither you nor Company can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Company in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must send your opt-out notice to this address: [INSERT COMPANY’S CONTACT ADDRESS]

16. GOVERNING LAW These Terms of Use and the relationship between you and Company shall be governed by the laws of the State of Maryland, without regard to its conflict of law provisions.

17. ENTIRE AGREEMENT These Terms of Use and the Privacy Policy, including the documents expressly incorporated by reference, contain the entire understanding of you and Company, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Company with respect to the Site and your use of the Site. These Terms of Use may not be explained or supplemented by any prior course of dealings or trade by custom or usage. These Terms of Use may not be explained or supplemented by any prior course of dealings or trade by custom or usage. These Terms of Use may not be changed, supplemented, or qualified by evidence of any course of dealing or usage of trade. You and Company may change these Terms of Use only in a writing signed by each of you and Company.

18. MISCELLANEOUS If any of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. No waiver of any breach of any provision of these Terms of Use constitutes a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part. Any such purported assignment or delegation by you is null and void. Company may assign these Terms of Use or any rights hereunder without your consent.

I hope this numbered version of the terms of use helps clarify the content for you. If you have any further questions or need additional assistance, please let me know.