Terms and Conditions Terms and Conditions

Terms and Conditions

Acceptance of Terms

When you (“You”) use LeadFlow10X (“LeadFlow10X”) Data and/or Services, the domain https://www.LeadFlow10x.com and its related domains and sub-domains and applications (collectively, the “Service” or “Services”), You agree to the following terms and conditions (the “Use Agreement”). In order to use our Data and Services, You must be at least 18 years old and able to form legally binding contracts under applicable law. LeadFlow10X (or “We”) may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.

Access to the Data and Service

In order to use the LeadFlow10X Data and Services, you must be a registered customer in either a trial or full subscription plan. In addition, You must safeguard the password and email address You use to access our Data and Service. You are responsible for all activities that occur under your account, and You authorize us to assume that any person using the Data and Service with Your email address and password either is You or is authorized to act for You. You agree to immediately notify us of any unauthorized use of your account.

Ownership

The term “LeadFlow10X Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by LeadFlow10X, work product produced by LeadFlow10X, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by LeadFlow10X, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which LeadFlow10X may develop, use or rely upon in providing the Data to you.

All LeadFlow10X Property shall be and will remain the property of LeadFlow10X.

As between You and LeadFlow10X, LeadFlow10X shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the LeadFlow10X Property, Services and the Data.

Limited License

Upon your execution of the Agreement and the payment of all amounts due LeadFlow10X, you are granted a personal, nontransferable and nonexclusive license to use the Service and to use the Data solely for your marketing, market research, customer or prospect analysis, customer or prospect insight and customer or prospect engagement purposes, in strict accordance with the terms of the Agreement. If no usage period is selected, the license’s term shall be for a period of one (1) year. Company shall retain all right, title and interest in and to the Production/Services and all intellectual property contained therein. Upon expiration or termination of the Agreement, you shall discontinue use of the Data and, as requested by LeadFlow10X, either (a) return the Data to LeadFlow10X without retaining any copies thereof or any notes or other information thereon or (b) provide a certificate, executed by you, in form and substance satisfactory to LeadFlow10X, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.

Limitations on Use of Data

Unless specifically authorized in advance and in writing by LeadFlow10X, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.

You will not name or refer to LeadFlow10X or your use of the Data in any of your advertisements or promotional or marketing materials.

You will not use the Data for consumer credit purposes or the determination of consumer credit worthiness, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement. You shall not use Data as the sole source in generating a consumer report as defined in 15 USC §1681a.

You will not provide Service access or Data to any third party other than a Data Service Provider (that provides data enhancement services on Your behalf).

You will respond to all consumer inquiries about Your use of Data. You shall not make marketing solicitations using Data to individuals who have requested not to receive such solicitations from You.

You will adhere to all applicable laws and regulations relating to Your use of Data. You shall maintain administrative, physical, and technical safeguards that are no less rigorous than accepted data industry practices in order to prevent the release of any PII to unauthorized parties.

Your Responsibilities for Content & Conduct

You agree to provide accurate and current information when using our Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through our Service. You will not, nor will you permit or assist others to, use our Service for any unlawful purpose or for any purpose other than that for which they are intended. You warrant and represent that you have the legal right to possess, use or view any and all electronic data you transmit utilizing LeadFlow10X Service, and that such data does not infringe a third party’s intellectual property rights or rights of publicity or privacy.

Payment of Fees

You agree to pay the fees for the Data as set forth in the Service or via invoices issued by LeadFlow10X. Only credit cards and ACH payments will be accepted for payment. In the event of a good faith dispute as to the calculation of an invoice, You shall immediately give written notice to LeadFlow10X stating the details of any such dispute and shall promptly pay any undisputed amount. The acceptance by LeadFlow10X of such partial payment shall not constitute a waiver of payment in full by LeadFlow10X of the disputed amount. Any undisputed amounts not paid within thirty (30) days of receipt of invoice shall accrue interest at a rate of one percent (1%) per month or the maximum lawful rate, whichever is less. Notwithstanding anything to the contrary contained in this Agreement, failure to make timely payments shall constitute a default hereunder and shall entitle LeadFlow10X to suspend its provision of the Products immediately and require payment in advance until Your account is paid in full. You agree to pay all fees owed to LeadFlow10X regardless of whether You has received any payments owed to You by the You or any third party. Unless otherwise specified, all charges are exclusive of taxes. You will pay all taxes (including, but not limited to, sales, use, excise, value added, and gross receipts taxes) levied in connection with the Agreement (whether included on an invoice or identified during an audit), except taxes based upon LeadFlow10X’s net income, corporate franchise, business license, payroll withholding or property taxes on LeadFlow10X-owned assets. LeadFlow10X will collect taxes from You only in jurisdictions that LeadFlow10X has a business nexus. You will provide LeadFlow10X with any state tax exemptions in a timely manner. If LeadFlow10X does not collect taxes for any reason, You remain responsible for remitting taxes when appropriate to the applicable taxing authority as the consumer or reseller of the Products. The parties will cooperate with each other in connection with any audit, inquiry, trial, or appeal regarding taxes in connection with the Agreement, including any tax determination or exemption documentation.

Privacy

We take your privacy seriously, and you may view our comprehensive privacy policy on our website (https://www.LeadFlow10x.com). When you enter into transactions with or provide information to other companies providing content to our Service, you will be subject to their privacy policies.

No Disruption

You agree not to disrupt the functioning of our Service or act in a way that interferes with other users using our Service. Nor will you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You agree not to access, tamper with or use non-public or non-authorized areas of this website. Unauthorized individuals attempting to access these areas on the site may be subject to prosecution.

Interruption of Service

You acknowledge that, given the technical nature of resources LeadFlow10X requires to provide the Data and Services to you, temporary interruptions may occur in the provision of Data and Services that any such interruptions shall not result in LeadFlow10X having any liability to you or others and shall not suspend or eliminate your payment obligations to LeadFlow10X or provide you with any refund rights for amounts previously paid to LeadFlow10X.

Discretion Over Content, Use, Storage, And Operation of Our Service.

We may edit, move, or delete any content in our Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce this Use Agreement, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of LeadFlow10X, its users, or the public, or (e) administer our Service.

We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

Termination

You may terminate this Agreement at any time by contacting customer service or by sending an email notice to sales@leadflow10x.com. Please include your full name and the email address you used to register for and access our Service. LeadFlow10X will send you an email confirmation once your account has been canceled.

LeadFlow10X reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time. Upon termination of your account for any reason, you will have no right to use our Service and We may delete any data pertaining to your account. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your subscription.

You agree that We have the right at any time to modify or discontinue our Service, or any portion of our Service, with or without notice and for any reason. You further agree that LeadFlow10X will not be liable to You or a third party due to the modification, discontinuance, or temporary suspension of the service.

Intellectual Property and Copyright

All materials on this site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by LeadFlow10X or owned by other parties who have licensed their intellectual property to LeadFlow10X. LeadFlow10X TM, and all other derivations of the “LeadFlow10X” mark appearing on this website are trademarks and/or service marks of LeadFlow10X and all other trademarks, service marks, and trade names used on the site are the property of their respective owners.

You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use our Service or Intellectual Property in any way for any public or commercial purpose without prior written consent of LeadFlow10X or the rights holder. You may not use the Intellectual Property on any other website or in a networked computer environment for any purpose except your own personal viewing. If You violate any of these terms, Your permission to use the Intellectual Property will automatically terminate; You must immediately destroy any copies You have made of the Intellectual Property; and We may revoke Your authorization to use our Data and Service.

Links

This website may contain links to other websites or resources. You acknowledge and agree that LeadFlow10X is not responsible for the content available on any other Internet sites linked from this website. LeadFlow10X is providing these links to other Internet sites as a convenience to users, and access to any other Internets sites linked to this website is at Your own risk. The inclusion of any link does not imply We recommend or endorse the linked site.

Unsolicited Email Messages

When using our Data for email, You agree that the messages you are sending or testing will be (a) sent to recipients with whom you have an existing business or personal relationship or (b) sent to recipients from whom you have express consent to send such communication. If you use any part of our Data for the purpose of generating unsolicited email, we reserve the right to immediately terminate your access to our Data and Service and to seek appropriate legal recourse as necessary.

Indemnity

You agree to defend, indemnify, and hold harmless LeadFlow10X, its officers, directors, employees, contractors, agents and partners, from and against any claims, actions, demands, loss or damages, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of our Data or Service, including without limitation claims against LeadFlow10X for unsatisfactory performance of services listed on the websites governed by this Agreement, or Your violation of this Agreement.

Limitation of Liability

NEITHER LeadFlow10X NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SERVICE CONTENT) SHALL BE LIABLE FOR ANY 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 LeadFlow10X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR SERVICE AND THE SERVICE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LeadFlow10X’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF OUR SERVICE EXCEED THE AMOUNT PAID BY YOU TO LeadFlow10X FOR THE SERVICE TO WHICH SUCH LIABILITY IS CLAIMED. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.

If Your use of our Data or Service results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.

Disclaimer of Warranties

Your use of our Data and Service is at your sole risk, and You agree to assume all risks and responsibilities for the selection of our Service to achieve Your desired results. Our Data and Service is provided on an “as is” and “as available” basis. LeadFlow10X disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. LeadFlow10X will make reasonable efforts to maintain our Data and Service, however, LeadFlow10X is not responsible for any damage, loss of data, customer information, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to our Service, or other interaction with the Service. LeadFlow10X makes no warranty that (1) the website will meet Your requirements, (2) our Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of our Service will be accurate or reliable, (4) the quality of any Data, products, services, information, or other material purchased or obtained by You through our Data or Service will meet your expectations, and (5) any errors in our Service will be corrected. Any Data or material downloaded or otherwise obtained through our Service is done at your own discretion and risk and You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from LeadFlow10X or through or from our Service shall create any warranty not expressly stated in this Agreement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

Survival of Terms

Any provision of this Agreement that contemplates performance or observance subsequent to any termination or expiration of this Agreement, including, without limitation, all provisions with respect to confidentiality, limitation on liabilities, and indemnification, shall survive any termination or expiration of this Agreement and continue in full force and effect.

Notices

You authorize LeadFlow10X to send notices to You, at LeadFlow10X’s discretion, via electronic mail, postal mail, or by posting them on this website. It is your responsibility to check for updates to this Agreement.

General Terms

This Agreement, including the documents referenced by and incorporated into this document, constitutes the entire agreement between You and LeadFlow10X and governs your use of our Data and Service, superseding all prior or contemporaneous agreements, understandings, or representations and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. You also may be subject to additional terms that may apply when you use affiliate or other LeadFlow10X services, third-party content, or third-party software. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of LeadFlow10X. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of LeadFlow10X shall be null and void. This Agreement and any registration for or subsequent use of our Data and Service will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any user and LeadFlow10X.

This Agreement will be governed by the law of State of Michigan, U.S.A., without regard to its conflicts of law provisions. Any dispute related to this Agreement will be submitted to binding arbitration in Oakland County, Michigan, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either Party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute You may have with respect to the Service must be commenced within one year after it arises, or the cause of action is barred.

The section titles in this Agreement are for convenience only and have no substantive effect.

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