Terms of Service
IMPORTANT – READ CAREFULLY: The Speed-Lead.com product http://www.Speed-Lead.com (the "Product") is owned and operated by Speed-Lead, LLC ("Speed-Lead"), a California corporation, and is provided to you ("You") under the terms and conditions of these Speed-Lead Terms of Service ("Terms"), which include Speed-Lead's Privacy Policy and Registration Form that are available through the hyperlinks set forth below and are incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.
1. DESCRIPTION OF PRODUCT. Speed-Lead allows individuals and organizations to quickly and easily review incoming email, forms and other electronic type correspondence, extracting critical information and intelligently distribute to individuals, thereby improving communication with employees, partners, customers and prospects.
2. REGISTRATION. To use the Product, You must submit a completed Speed-Lead registration form, which may be available at https://www.Speed-Lead.com/ or as provided by Speed-Lead (the "Registration Form"), on Your behalf. As part of the registration process for the Product, You agree to: (1) provide certain limited information about You as prompted to do so by the Product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Speed-Lead discovers that any of Your Registration Data is inaccurate, incomplete or not current, Speed-Lead may terminate Your right to access and receive the Product immediately upon notice. Speed-Lead will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. Speed-Lead may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. Speed-Lead reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Speed-Lead need not provide a reason for its rejection. If Speed-Lead rejects Your application, then You may reapply and Speed-Lead will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to Speed-Lead, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with Speed-Lead and will become a subscriber to the Speed-Lead Service.
3. SERVICES
(a) Description of Service. Speed-Lead allows individuals and organizations to quickly and easily review incoming emails, forms and other electronic type correspondence, extracting critical information and intelligently distribute to individuals, thereby improving communication with employees, partners, customers and prospects. Speed-Lead makes the Speed-Lead Service available under a number of different subscription plans. Please confirm that the plan for which You are registering meets Your needs by reviewing the "product information pages."
(b) Fees and Payments. Speed-Lead is a monthly subscription service. Your subscription will continue and renew automatically unless terminated by Speed-Lead or until You notify Speed-Lead of Your decision to change Your subscription renewal. For cancellation instructions, contact support at support@speed-lead.com. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for Speed-Lead.com, or subsequently designated to Speed-Lead at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with Your subscription for Speed-Lead.com (including any applicable taxes) at the rates in effect when the charges were incurred. Speed-Lead may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. All fees and charges incurred in connection with Your user name and password will be billed to the credit card designated during the registration process for Speed-Lead.com or subsequently designated to Speed-Lead. To access Speed-Lead.com you must have Internet access. You, and not Speed-Lead, are responsible for any fees or charges incurred to access Speed-Lead.com through an Internet access provider or other third party service. YOU, AND NOT Speed-Lead, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
(c) Credit Cards. As a condition to your right to use the Service, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize Speed-Lead, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account.
(d) Trial Offers, Coupons, Credits and Special Offers. Speed-Lead reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. Terms vary by promotional offer; review each promotion for specific terms.
(e) Subscription Renewals. Your Speed-Lead subscription will be automatically renewed unless you change your selected subscription option prior to the end of your current subscription period. For your convenience, we will bill the subscription fee to the credit card you provided to us during registration (or to a different credit card if you make a change to your account information). Please contact our Customer Care department support@speed-lead.com if you need assistance in updating your subscription options, making a change to your plan or if you need to request a refund.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Product. Your right to use the Product is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Product, any downloadable plug-in or other materials or any information obtained by You without the express written consent of Speed-Lead.
(b) Conduct. You are solely responsible for the content of Your receptions and transmissions through the Product. Speed-Lead does, however, reserve the right to take any action with respect to the Product that Speed-Lead deems necessary or appropriate in Speed-Lead's sole discretion if Speed-Lead believes You or Your transmissions or use of the Product may create liability for Speed-Lead. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to interfere or disrupt networks connected to the Product; (4) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Product.
(c) Proprietary Rights. In accordance with Your authorized use of the Product, Speed-Lead grants You a limited license to use the Product offered by Speed-Lead. You acknowledge that the Product is proprietary to Speed-Lead and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this product as expressly authorized by the terms of this agreement.
Further, Speed-Lead.com, Speed-Lead and the Speed-Lead logo, and other names, logos, icons and marks identifying Speed-Lead's products and services are trademarks of Speed-Lead and may not be used without the prior written permission of Speed-Lead. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the Software license granted to You (in whole or in part) or create derivative works of the site or service without expressly being authorized to do so by Speed-Lead. If You are not the purchaser of the software license from Speed-Lead, you are not authorized to use the software or services. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the product or service. All rights not expressly granted in these Terms are reserved to Speed-Lead.
5. PRIVACY. Speed-Lead's use of any personal information You provide to it is set out in Speed-Lead's current Speed-Lead.com Copyright, Trademark, Disclaimer, Privacy Notice and Other Legal Information notice.
6. MODIFICATIONS. Speed-Lead may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.Speed-Lead.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to Speed-Lead. You are responsible for regularly reviewing the https://www.Speed-Lead.com site or support site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Speed-Lead reserves the right to modify or discontinue the Product with or without notice to You. Speed-Lead shall not be liable to You or any third party should Speed-Lead exercise its right to modify or discontinue the Product.
7. PASSWORD AND SECURITY. As part of the registration process, You will choose user names and You will choose Your passwords for access to this account and to your designated users. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Speed-Lead of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised.
8. TERMINATION. Speed-Lead may immediately terminate Your membership and right to use the Product if (a) You breach these Terms; (b) Speed-Lead is unable to verify or authenticate any information You provide to Speed-Lead; (c) such information is inaccurate; or (d) Speed-Lead decides, in its sole discretion, to discontinue offering the Product. Speed-Lead shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to Speed-Lead. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify Speed-Lead of termination. Upon termination of membership, Your right to use the Product immediately ceases.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. SPEED-LEAD EXPRESSLY 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. SPEED-LEAD MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES SPEED-LEAD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPEED-LEAD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL SPEED-LEAD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF SPEED-LEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPEED-LEAD'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold Speed-Lead harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against Speed-Lead arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
12. GENERAL TERMS. These Terms are governed in all respects by the laws of the State of California as such laws are applied. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms shall be brought in a court in Ventura County, California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Speed-Lead's failure to act with respect to a breach by You does not waive Speed-Lead's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Speed-Lead shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Speed-Lead's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to support@speed-lead.com for assistance.
For more information contact:
Speed-Lead, LLC
2899 Agoura Rd., No. 197
Westlake Village, CA 91361 |
