2. OWNERSHIP and LIMITED LICENSE
As a USER, you have a non-exclusive right to use our SITE and our services, subject to the restrictions set forth in these Terms and any other restrictions communicated by us in writing. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our SITE and our services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Except for the license granted by this agreement, all right, title and interest in the SITE data, in any and all languages, formats and media worldwide, including all copyrights, are and will continue to be the exclusive property of LeadSuites.Com.
3. RESTRICTIONS ON USE
You may use the SITE only for purposes expressly permitted by the SITE. You may not use the SITE for any other purpose, including any other commercial purpose, without Company's express prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the SITE, its data, services, use of the services, or access to the services without our express written consent. The look and feel of our SITE and our services is copyright © 2012-2017 LeadSuites, LLC. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without our express written consent. You may create printouts of data for your own exclusive internal use only. You may not copy, download, store, publish, transmit, transfer, sell or otherwise our SITE data, or any portion of such data, in any form or by any means except i) as expressly permitted by this agreement, or ii) with LeadSuites.Com's express prior written permission, or iii) if not expressly prohibited by this agreement as allowed under the fair use provision of the copyright act (17 us sec.107). In addition downloaded data may not be stored or used in an archival database or other searchable database except as expressly permitted by this agreement. USER shall not sell, license or distribute data in any form to third parties or use data as a component or as a basis for any material offered for sale, license or distribution. Use of data to create mailing or marketing lists for commercial purpose or for distribution to third parties is strictly prohibited. USER keep strictly confidential the userid and password issued to it by SITE and the said userid and password must remain within USER's sole possession and control at all times and may not be communicated in any manner or form to any party not authorized by LeadSuites.Com to have access to and use of said userid and password. You acknowledge You will not be able to login at multiple locations at the same time, and that doing so will only terminate the previous login session and activate your current login session.
4. USER REGISTRATION and RESPONSIBILITY OF ACCESS
To obtain access to the Site and our Services, you will be required to complete a registration. You will be asked to (i) provide certain registration details or other information; (ii) to establish an account specific to you ("Your Account" or "Account") by choosing the Service plan to be provided; and (iii) to as per chosen plan pay a registration or subscription fee. By signing up for Your Account, you agree to pay the fees ("subscription") designated for the Service plan you selected.
To create Your Account, Log-In and/or to participate in any services offered by the Site, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms. Specifically, you agree that:
You are either (i) the age of legal consent or (ii) you are a minor over the age of thirteen (13) years old and have obtained your parent's (or your legal guardian's) permission, for accessing the Site under the laws of any jurisdictions that apply to you. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;
All information that you provide in your registration form for the purposes of establishing Your Account is true and correct and you will promptly notify us of any changes to such information;
You acknowledge Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use Your Account, password, Log-In or User ID to access or use the SITE to arrange, enter, and/or participate in services, or for any other purposes. We take no responsibility for any third party access to Your Account. You shall notify us promptly of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under Your Account, User ID or password and such use shall be deemed to be use by you whether or not you have knowledge of or authorizes such access and use.
You have verified and determined that your use of the SITE does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
You will not use the SITE for fraudulent or otherwise illegal purposes; It is your responsibility to keep your e-mail address current.
You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the SITE is illegal or restricted;
You will not mask your identify in any way, including without limitation, IP masking by accessing the SITE over any type of Proxy Server, through IP masking software or the like; and
You will ensure that all use of Your Account fully complies with these Terms. We may suspend your access to the SITE without notice to you in the event that you do not use the SITE for an extended period of time.
5. NO WARRANTY; DISCLAIMER and LIMITATION OF LIABILITY
ALL INFORMATION, SERVICES, MATERIALS PROVIDED BY LEADSUITES.COM, IS PROVIDED ”AS IS” ", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEADSUITES.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE SITE OR ANY OTHER THIRD PARTY WEBSITE LINKED TO OR LINKED FROM LEADSUITES.COM.
LEADSUITES.COM AND CONTRIBUTORS OF DATA SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM(S) RELATING IN ANY WAY TO THIS AGREEMENT OR THEIR PERFORMANCE HEREUNDER, REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL LEADSUITES.COM OR CONTRIBUTORS OF DATA BE LIABLE TO USER FOR ANY CLAIM(S) RELATING TO USER'S INABILITY OR FAILURE TO PERFORM RESEARCH OR RELATED WORK OR TO PERFORM SUCH RESEARCH OR OTHER RELATED WORK PROPERLY OR COMPLETELY EVEN IF ASSISTED. IN NO EVENT SHALL LEADSUITES.COM OR CONTRIBUTORS OF DATA BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR USERS ARE ADVISED NOT TO RELY SOLELY ON THE INFORMATION THEY FIND ON WWW.LEADSUITES.COM, AND ARE STRONGLY ENCOURAGED TO PERFORM THEIR OWN SEPARATE DUE DILIGENCE BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS CONCERNING PROPERTIES. LEADSUITES.COM MAKES NO WARRANTY THAT OUR SITE AND OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR THAT MATERIAL AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES OR YOUR INABILITY TO USE THE SITE, OUR SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE, OUR SERVICES, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY.
IF YOU ARE DISSATISFIED WITH US, OUR SITE, OUR SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF OUR SITE AND OUR SERVICES.
All subscription payments to LeadSuites.Com for must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA and MasterCard). All payments must be made from a payment source on which you are the named Account holder. You will be charged in advance for the entire period of the subscription at the time of subscription.
Our financial transactions are forwarded, via secure transmission (SSL), to our credit card processor (electronic payment processor and/or financial institutions) ("ESPs") where financial transactions such as charges and/or debits are made from our customer accounts. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that Company may give such instructions on your behalf in accordance with your requests as submitted on the SITE. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms and the ESP's terms and conditions then these Terms shall prevail.
You agree that LeadSuites.Com will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the SITE. You waive your right to dispute any payment made into Your Account and you will bear all costs.
Any attempt to defraud the SITE through the use of credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of Your Account and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block Your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
7. SUBSCRIPTION PLAN, AUTOMATIC RENEWAL, RECURRING BILLING, ROLLOVER
Depending on the demand and subscription plan availability we may provide the following types of subscription plan.
(i) One time billing plans where only a one time billing/charge with NO automatic renewal of plan occurs and with NO recurring billing. If we provide such plans and if you Subscriber for such a plan then when the plan expires you will have to manually renew. Under this it could be a one month (30 days / thirty days) subscription plan or a three month (90 days / ninety days) subscription plan.
(ii) Recurring billing plans where automatic renewal of plan occurs with automatic recurring billing. If we provide such automatic subscription renewal plans and if you Subscriber for such a plan then your subscription will automatically renew as per the schedule stated below. Said charges will be billed directly to your credit/debit card or bank account when the current subscription expires unless and until cancellation has been received by LeadSuites.Com.
Monthly (30 days / thirty days) Subscription: Subscription will automatically renew until cancelled. Subscription charge will be applied on the same day as the account is set to expire. Account will be locked after the expiration period if payment is not received/processed.
Quarterly (90 days / ninety days) Subscription: Subscription will automatically renew until cancelled. Subscription charge will be applied on the same day before the account is set to expire. Account will be locked after the expiration period if payment was not received/processed.
Annual (360 days / three hundred sixty days) Subscription: Subscription will automatically renew until cancelled. Subscription charge will be applied on the same day as the account is set to expire. Account will be locked after the expiration period if payment is not received/processed.
8. CANCELLING SUBSCRIPTION and REFUND POLICY
We offer LeadSuites.Com with its features at a very affordable price. Once the subscription charge has been processed we do not offer any refunds. Cancellation does not provide refunds, but suspends future subscription charges and access to the SITE. A USER may cancel/delete Registration or cancel subscription or cancel billing anytime by using any of the methods below on or before the renewal of the subscription.
(i) by canceling billing thru the profile page in our SITE. Navigate to profile, edit profile and click on cancel billing to do so. By this your billing will stop and you will no longer be a paid Subscribed USER. However you will be able to login but will not be able to access any of the paid Subscriber features of the SITE, unless you chose to become a paid Subscribed user again.
(ii) by deleting the registration account thru the profile page in our SITE. Navigate to profile, edit profile and click on delete account to do so. By this your billing will stop and also your account, account details including your username will be deleted from the SITE and you will no longer be able to log into the SITE, unless you chose to re-register again. Your Account will be deactivated immediately, your account data will be scheduled for deletion. Deletion may occur at any time.
(iii) by notifying us in writing (cancel billing or cancel account)
(iv) by sending us an email thru our contact us form (cancel billing or cancel account)
(v) by a phone call and request your subscription be cancelled. We may still however need you to send us an email of your request.
While we are sure that our USERs will be pleased with our SITE offerings, we strongly encourage potential USERs to thoroughly check our SITE and make sure that it meets their needs and objectives and then signup for subscriptions.
Please note that every reasonable effort has been made to ensure that information provided in our SITE LeadSuites.Com is the most complete, accurate and available. Should the LeadSuites.Com data not provide sufficient detail, such as should a USER be unable to locate a particular record or records or any other particular detail(s) or be generally unsatisfied for any reason what so ever, LeadSuites.Com does not permit refunds or credits in any case. Please note that LeadSuites.Com does not make or offer any representations or warranties regarding the quality, quantity, or accuracy of its data, or that any retrieval set of LeadSuites.Com records may be complete in any fashion. USER’s reliance upon the SITE’s materials, information, data provided in any fashion is expressly at their own risk. Please be so advised before you subscribe.
9. SERVICE USE and LIMITATIONS
We will make reasonable efforts to keep the Services operational 24 hours a day, 7 days a week, except for: (i) planned downtime (for which we will provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.
You acknowledge and agree that we will not be processing payment transactions. Accordingly, you agree that we will not be responsible or liable for any amounts related to any credit-card or online payment transaction. We will be sending information to your payment gateway service provider; however, we make no representation as to the availability of your payment gateway service provider, and we are not responsible for any downtime or system outage of your payment gateway service provider. Furthermore, we make no guarantee that you will be successfully underwritten and approved by a merchant service provider. If you are not approved by a merchant service provider, you will be unable to take full advantage of LeadSuites.Com functionality.
10. MODIFICATIONS OF TERMS and RESERVATION OF RIGHTS
LeadSuites.Com reserves the right to modify the terms and conditions of this agreement from time to time, including, but not limited to, the right to impose access and usage limitations. Such modifications shall be effective immediately when modified on the SITE. When we do, we will post the updated Terms and will note the date it was last revised. When you use the SITE after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated by either you or LeadSuites.Com as described below. If you choose to terminate your legal agreement with LeadSuites.Com, you may do so by canceling Your Account on the SITE.
We may terminate these Terms, terminate your access to all or part of the SITE or our Services, or suspend any USER's access to all or part of the SITE or our Services, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. If we terminate your service, or you terminate the service, you will not be entitled to any refund of any sum you have paid us, and we may delete any USER Material or other materials relating to your use of the SITE. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the SITE and/or our Services. All sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.
You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the SITE or our Services. You hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our SITE or our Services.
You agree to defend, indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, relating to or incident to: (a) your use of our SITE; (b) your use of our services; (c) claims by your customers or payment gateway service provider; or (d) the products and/or services offered through the SITE.
13. THIRD PARTY WEBSITES
We may provide, display links and pointers to ‘Internet websites maintained by others who are independent from our SITE LeadSuites.Com’ ("Third Party Websites"). We have not reviewed all of the Third Party Websites linked to our SITE and we are not responsible for the content of or any products or services or promotions, special offers, any material on such Third Party Websites. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information maintained in any such website. If you participate in, click on, go to, or otherwise link to such Third Party website it will be solely at your own risk. You understand and agree to hold SITE harmless and agree that SITE shall have no liability whatsoever for such Third Party Website content, information, promotions, offers or anything to do with such websites. Your sole remedy in connection with such Third Party Promotions will be with the third party.
14. UNITED STATES ONLY
All materials on the SITE are provided solely for the purpose of promoting our operations and products in the United States and its territories. We make no representation that the products and services on the SITE are appropriate or available for use in other locations. If, despite these conditions, you use the SITE or our services from outside the United States, you are solely responsible for compliance with any applicable local laws.
15. DISPUTE RESOLUTION
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC THIRD PARTY MATERIALS ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE THIRD PARTY MATERIALS, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE, THE USER CONTENT, SITE CONTENT, AND THIRD PARTY MATERIALS (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during, or after the pendency of any arbitration proceeding brought pursuant to these Terms, or in lieu of such proceedings.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (collectively the "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be held in Houston, Texas, at a locale to be proposed by LeadSuites.Com, and the allocation of costs and fees for the arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations in these Terms. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Texas, and shall not use equitable or other principles which would permit the panel to ignore these Terms or the law. The arbitration panel's award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the SITE (including your visit to or use of the SITE) be instituted more than one (1) year after the cause of action arose.
16. TRADEMARKS, TRADE NAMES, AND SERVICE MARKS
Unless otherwise indicated, all logos, names, package designs, and marks on the SITE are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.
17. COPYRIGHT and INTELLECTUAL PROPERTY - DMCA POLICY
LeadSuites.Com respects the intellectual property rights of others and expects its USERs to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, LeadSuites.Com will respond expeditiously to claims of copyright infringement committed using our SITE or our services if such claims are reported to LeadSuites.Com’s Designated Copyright agent identified in the sample notice contained in the link DCMA Policy posted in our SITE.
18. SUBMITTED INFORMATION
We may from time to time monitor, review, and, in our sole discretion, modify or delete any postings you make on the SITE, however, we are not obligated to do so. You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the SITE. You further agree not to upload, e-mail, post or transmit to, or distribute or otherwise publish through the SITE any material which disrupts the normal operation of the SITE, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other USER from using the SITE.
Through your usage of the SITE, you may submit and/or we may gather certain limited information about you and your SITE usage. We are free to use such information for any purpose we deem appropriate. We will not be required to treat any such submission as confidential, and may use any submission (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result.
19. MISCELLANEOUS TERMS
represent the full understanding and agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter. Our relationship shall be that of independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created between us by these Terms. Neither party shall have the power to obligate or bind the other party.
20. EFFECT OF AGREEMENT. This agreement constitutes the entire agreement between the parties with respect to the subject matter herein and it supersedes all prior or contemporaneous communications, prior proposals, whether electronic, oral or written, relating thereto. LeadSuites.Com may amend the terms and conditions of this agreement at anytime without notice.
21. NOTICES. All notices hereunder shall be provided in writing to:
LeadSuite.Com, P.O. Box 421727 Houston TX 77242
22. GOVERNING LAW
These Terms shall be governed by And Construed under The Laws of the State of Texas without giving effect to any choice or conflict of law or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction and venue in the state or federal courts of the State of Texas.
Last updated April 5, 2017