Terms and Conditions of Use

Welcome to LeadGeeks. When you visit, view, use, or access our website leadgeeksprospecting.com and any online services provided by LeadGeeks Inc., whether as a guest or a service user, you are agreeing to the following terms and conditions of use, so please take a few minutes to read over the Terms and Conditions of Use below.

Acceptance of Terms and Conditions of Use

If you do not agree to these Terms and Conditions of Use, you are not permitted to access and use any data provided by LeadGeeks. LeadGeeks can change these Terms and Conditions of Use at any time without any notice to you. It is your responsibility to review these Terms and Conditions of Use, as it creates a binding legal agreement between you and LeadGeeks. If you use our service, access and use the data provided to you after we have changed any of the Terms and Conditions of Use, you are agreeing to all of the changes. To the extent that you or your employer (to the extent you are using our service, accessing and using the data provided in your capacity as an agent of your employer) has entered into another written agreement with LeadGeeks that contains terms that directly conflict with any terms of these Terms and Conditions of Use, then the conflicted terms set forth in such other agreement will control.

Eligibility

Any access or use of the LeadGeeks’ service and data by anyone under the age of 18 is prohibited. By agreeing to these Terms and Conditions of Use, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into and abide by these Terms and Conditions of Use.

Privacy

Any personal information submitted in connection with your use of the service and data is subject to our privacy policy found at …link..., which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain through your use of the service and data in accordance with our Privacy Policy solely in furtherance of providing you and improving the service and data.

Proprietary Materials

LeadGeeks data contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of LeadGeeks and service user of LeadGeeks (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the data given by LeadGeeks, and not by or from any other site or means. The right of access to the data does not grant to you any right to download or store any Proprietary Materials in any medium.

LeadGeeks reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under these Terms and Conditions of Use. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.

The entire LeadGeeks’ service and data is protected by copyright. Complying with all applicable copyright laws is your responsibility. If you give feedback on the service and data, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the service and data without compensation to you. We reserve all rights in and to the service and data unless we expressly state otherwise.

Other trademarks, service marks, and logos used on our service, data, and company are the trademarks, service marks, or logos of their respective owners. LeadGeeks is using these third-party trademarks, service marks, or logos with the permission of the trademark owner or for identification purposes only.

We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the service and data that we believe (or are notified) may infringe on the rights of others.

User Generated Content

In these Terms and Conditions of Use, “User Generated Content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to the LeadGeeks’ service and data, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, communicate, publicly perform, publicly display, and distribute your User Generated Content. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the service and data.

Your User Generated Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any User Generated Content to the service and data that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the service and data bank, or stored on our servers, or hosted or published upon the LeadGeeks’ service and data bank. Notwithstanding our rights under these Terms and Conditions of Use in relation to User Generated Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the LeadGeeks service and data bank.

Warranty Disclaimer

WE DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON THE SERVICE AND DATA BANK; NOR DO WE COMMIT TO ENSURING THAT THE SERVICE AND DATA BANK REMAINS AVAILABLE OR THAT THE MATERIAL ON THE SERVICE AND DATA BANK IS KEPT UP-TO-DATE.

USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. LEADGEEKS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LEADGEEKS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE AND DATA PURCHASED WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE AND DATA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE AND DATA. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE AND DATA ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND LEADGEEKS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE PLATFORM LEADGEEKS USE OR ANY CONTENT OBTAINED FROM LEADGEEKS.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

Links to Other Sites

LeadGeeks’ service and data may contain links to other websites that we do not own or control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content, or products. We are not responsible to you for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

Export Controls

LeadGeeks service and data may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not access or use the Platform in a U.S.-embargoed country or in violation of any U.S. export law or regulation.

General Terms

  1. Non-Waiver
  2. Failure by LeadGeeks to enforce any provision(s) of these Terms and Conditions of Use will not be construed as a waiver of any provision or right.

  3. Severability
  4. If any provision of these Terms and Conditions of Use is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms and Conditions of Use and will not affect the validity and enforceability of any remaining provisions of these Terms and Conditions of Use.

  5. Governing Law and Jurisdiction
  6. These Terms and Conditions of Use, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms and Conditions of Use, or the performance under these Terms and Conditions of Use, are governed by and will be construed and enforced in accordance with the laws of the State of Washington, including its statute of limitations, without reference to (i) any conflicts of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties, (ii) the United Nations Convention on Contracts for the International Sale of Goods, or (iii) other international laws. Any action or other judicial proceeding for the enforcement of these Terms and Conditions of Use or any of its provisions shall be instituted only in the courts of the State of Washington.

  7. Compliance with Legal Requests
  8. Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

  9. Limitation of Liability
  10. TO THE FULLEST EXTENT PERMITTED UNDER LAW, LEADGEEKS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICE AND DATA BANK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

    SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEADGEEKS’ LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.

  11. Indemnity
  12. You agree to indemnify and hold harmless LeadGeeks and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from any User Generated Content, your use of the Platform, your connection to the Service and Data Bank, your violation of these Terms and Conditions of Use or your violation of any rights of any third-party.

  13. Equitable Relief
  14. You acknowledge that a breach of these Terms and Conditions of Use may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

  15. Assignment
  16. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms and Conditions of Use. You may not assign or otherwise transfer your rights, obligations, or duties under these Terms and Conditions of Use, in whole or in part.

  17. DMCA
  18. It is the policy of LeadGeeks to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by providing the following information to LeadGeeks’ Designated Copyright Agent:

    Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this DMCA Notice of Alleged Infringement (“Notice”), you may provide a representative list of the copyrighted works that you claim have been infringed; Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service and Data Bank or the exact location where such material may be found;

    Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address;

    Include the following statements in the body of the Notice:
    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

    Provide your full legal name and your electronic or physical signature. The Notice, with all items completed, may be delivered to LeadGeeks by email at office@leadgeeksprospecting.com

    Upon receipt of a Notice, with all items completed, LeadGeeks will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service and Data Bank. LeadGeeks’ receiving, investigating, or responding to your Notice does not constitute LeadGeeks’ agreement or verification of your claim(s) or any admission of liability therefor.

  19. Contact
  20. LeadGeeks Inc. is a Maryland limited liability company with its headquarters in North Bethesda, Maryland. If you wish to contact us, please email us at office@leadgeeksprospecting.com