Leadfindr Terms of Service Agreement And Legal Disclosure
This document details a binding contract entered into when you use our website, access our products or retain our services. Please read this agreement carefully, because it contains important information about your legal rights and remedies.
This Terms of Service Agreement hereafter (“Agreement”) is entered into by and between Purpletab, LLC., a Wyoming corporation doing business as Leadfindr.com hereafter “us” or “we” or “Leadfindr” or or “Company” and you, and is made effective on the date of your first use our website www.Leadfindr.com (“Site”) or the date on which payment is tendered for our services, whichever is earliest. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site or by extension through services directly tendered by a Leadfindr representative, hereby (individually and collectively, known as the “Services”). The Agreement is in addition to any specific terms and conditions that apply to any particular Services you might use or purchase from us. Whether you purchase Services from us, or are simply browsing or using this Site, your continued use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement and its terms
The terms “us” or “we” or “Leadfindr” or or “Company” refer to Purpletab, LLC., an Wyoming corporation doing business as Leadfindr.com. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account, or receives our Services on your behalf.
The “Site” or “Website” shall refer to Leadfindr.com.
“Services” shall refer to the products, services, and/or goods provided by us, whether or not through the Site, and or accessed directly through a Leadfindr representative.
1.2. No Third Party Beneficiaries
This Agreement shall not confer any rights or benefits to third parties. There are no third party beneficiaries of this Agreement. If you do not agree to be bound by this Agreement, do not use our Site or the Services.
Our Site and Services are only available only to Users who can form legally binding contracts under applicable law. By using this Site or Services, you represent and warrant that you are (i) at least 18 years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving Services under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
Availability of Site and Services
Although we intend to use commercially reasonable efforts to attempt to keep this Site and the Services available, you use our Site and Services at your own risk. We provide this Site and the Services as-is, without any express or implied warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site or Services will always be safe, secure, or error-free, or that the Site or Services will always function without disruptions, delays, or imperfections. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service available at this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard to the availability of this Site or the Services.
Rules of Conduct
4.1. Compliance with Laws
Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
Leadfindr makes no representation or warranty that the Services or the content available on this Site are appropriate in every state or jurisdiction. Users who choose to access this Site or Services are responsible for compliance with all local laws, rules and regulations.
4.2. Compliance with Terms and Policies
If we determine, in our reasonably exercised discretion, that you have violated this Agreement or any other Company policies, we may cancel your account without notice to you. When your account is canceled, you remain responsible for paying any amounts due to Leadfindr.
Examples of your conduct which might result in us cancelling your account include, but are not limited to: Failure to enter valid credit card information when asked by us, a credit card company declining to honor the credit card information you gave us, failure to timely pay amounts due, use of the Services or Site for illegal or unethical purposes, use of the Services or the Site to infringe on the rights of others, harassment of Leadfindr or its customers, making threats to any person, or any breaches of this Agreement. This is an illustrative, but not an exhaustive, list of conduct which will prompt the cancellation of your account.
4.3. Intellectual Property Restrictions
You may not copy or distribute in any medium from the Site or the Services, except where expressly authorized by Leadfindr. When you purchase Services, you are expressly purchasing the right to use our services during the term of this Agreement, and this right endures only as long as you are complying with the terms of this Agreement. You are not purchasing the files, templates, images, code, or any portion
Unless otherwise allowed by law or stated elsewhere, you may not reproduce or transmit any part of the Services or Site. You may not make a copy of any mediums from Services or the Site, including text, images, newsletters, letters, digital files, or any data whatsoever. This restriction bars you from reproducing or transmitting regardless of means, whether electronic or mechanical, by photocopying, facsimile transmission, recording, rekeying, scanning, or yet uninvented means. All Services exist as intellectual property are copyrighted, and you may only use as expressly provided within this Agreement.
You are forbidden to violate copyright or other intellectual property rights of third parties when using the Services or the Site. When you provide content any means or enter content (including video, images, or text) using the Services or the Site, you are affirmatively representing to us that you own all legal rights to use that content.
We respect the intellectual property rights of third parties. If you are a copyright owner or an agent of one, and you believe that content on the Site or used in the deliver of the Services infringes upon your copyrights, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent. The notice must contain the following information in writing, or else the notice may not be valid:
Your physical or electronic signature;
Identification of the copyrighted work or works claimed to have been infringed;
Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on the Site and Services;
Information to permit our agent to contact you: your address, telephone number and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Our designated Copyright Agent may be contacted at:
201 East 5th Street, Ste 1118, Sheridan, WY 82801
or via email
support [at] Leadfindr.com
After receiving such a notification, we will follow the process outlined by statute, including Sections 512(g)(2) and (3) of the DMCA. See 17 U.S.C. §512 et. seq., available at https://www.law.cornell.edu/uscode/text/17/512.
4.4.No Resale of Services
Unless you receive express written permission from us in advance, you may not sell any leads or other information obtained using our Services or the Site.
4.5. No False Statements
You agree not to make any false statements to us at any time, and you agree not to use pseudonyms or false account information when using the Site or Services.
To ensure account information is accurate and we can reach you if there is a problem, you agree to keep your account information current and updated at all times, and to provide us with a valid email address. Leadfindr assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
Fees and Payment
5.1. Prompt Payment
When you purchase Services from us, you agree to promptly pay any and all prices and fees due for those Services in the time and manner which we will specify at or near the time of purchase, and you agree to continue paying promptly until you cancel the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
Unless otherwise agreed in writing, you will pay all sums due by means of a valid, active credit card. Leadfindr expressly reserves the right to retain your old credit card information and bill an old credit card if a more recent card is determined to be invalid, inoperative, or otherwise fails to make payment. You agree that Leadfindr may share your payment information, including credit card numbers, home address, and related information, with third-party payment processing firms in order to process your purchase of Services from us.
5.2. Payment Due Date
Unless otherwise specified by us in our communications with you, during the Services term, we will bill you and charge your credit card on the date payment is due. Your payment date may vary, however, so please monitor our communications with you, which will take precedence over this section.
5.3. Our Remedies for Insufficient Payment
If Leadfindr is unable to charge your credit card for the full amount owed for the Services, your account may be canceled, and you will remain responsible for making all payments due.
If Leadfindr receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your credit card, you agree that Leadfindr may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or provided by us to you. Leadfindr also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Leadfindr may perform outside the normal scope of its Services, (ii) additional time and/or costs Leadfindr may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Leadfindr in its reasonably exercised discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by Leadfindr staff or by outside firms retained by Leadfindr; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Leadfindr as the results of chargebacks or other payment disputes brought by you, your bank, or your credit card processor. These administrative fees or processing fees may be billed to any credit card you have on file with Leadfindr.
5.3.1 Payment Disputes
You agree to provide Leadfindr thirty (30) days notice in attempt to settlement of any billing dispute before disputing with any third-party Payment Instrument company or bank. Leadfindr must be the first option in billing disputes. Should Leadfindr Interventions receive a chargeback from a third-party Payment Instrument company or bank on the customer’s behalf before Leadfindr has been given a chance to resolve the issue, Leadfindr has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, Leadfindr retains the right to collect on any rendered services or fees that are due. Leadfindr will submit any disputed amounts to an outside collection agency. Once a chargeback has been received, Leadfindr will immediately suspend the Site and Services until the matter is resolved.
5.4. Cancellation Policy
You acknowledge that we may cancel your account immediately after receiving the cancellation notice from you, after which all your account information will be deactivated and unavailable to you. The Site and Services will be discontinued effective the date your account is cancelled. After your account is cancelled, you will be unable to retrieve any data stored on our systems, including, but not limited to, data associated with leads, such as phone numbers, names, addresses, or messages. We recommend that you export leads before cancelling your account, Leadfindr is not liable for any information that is lost due to the cancellation of your account.
You may cancel your account by written notice to support@Leadfindr.com from the email address you used to register your account.
5.5. Prices Subject to Change
Leadfindr reserves the right to change prices for Services and/or payment due dates following 30 days notice to you. By continuing to use the Services after receiving notice of a change, you agree to make payments at those new prices at the time and in the manner specified in our communications with you. If you object to any changes, you must immediately notify us and to modify your account, or else you will be held responsible for paying the new prices.
If you have purchased or obtained Services for a term of months or years, a change in price shall take effect when the current term expires.
5.6. Multi-Month Terms
From time to time, Leadfindr may offer a promotional rate for customers who agree to purchase Services for an extended term. By accepting a promotional rate, you understand that your right to receive the promotional rate shall retroactively terminate if you cancel the Services before the end of the extended term.
5.7 Domain Names
Domain names may be registered on your behalf to fulfil the Services. The domain name we register will not necessarily be appropriate for your intended geographic area, and any domain name registered by Leadfindr will be owned by Leadfindr. You will have no ownership or other rights to the domain name beyond the temporary right to use it in accordance with our provision of the Services. When your Services term ends, or your account is canceled, any domain name registered by Leadfindr will remain the property of Leadfindr.
5.8 Phone Numbers
Phone numbers may be registered on your behalf to fulfil the Services. All reasonable efforts will be made to obtain a phone number in your geographic area. Any phone number registered by Leadfindr will be owned by Leadfindr. You will have no ownership or other rights to the phone number beyond the temporary right to use it in accordance with our provision of the Services. When your Services term ends, or your account is canceled, any phone number registered by Leadfindr will remain the property of Leadfindr.
5.9 Consent to Electronic Communications
You agree that Leadfindr may provide you with communications associated with this service in any format. Your consent to receive electronic communications includes, but is not limited to, all notices, legal and regulatory disclosures and communications associated with any Leadfindr product or service, including notices or disclosures about a change in the fulfillment of products and services. Standard text and data rates may apply.
6.0 No Refunds
Leadfindr does not offer refunds, whether prorated or not, for unused Services or unexpired time left remaining on an extended term.
Limitation of Liability
This section, Limitation of Liability, and all subsections, shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
6.1. General Limitations on Liability
In no event shall Leadfindr, its officers, directors, employees, or agents, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any person or entity’s use of the Services or this Site, including any damages that may result from (1) the accuracy, completeness, or content of this Site or the Services, (2) the accuracy, completeness, or content of any third-party sites linked (through hyperlinks, banner advertising or otherwise) to this Site or Services, (3) the Services found at this Site or any third party sites linked (through hyperlinks, banner advertising or otherwise) to this Site or its Services, (4) personal injury or property damage of any nature whatsoever, (5) third-party conduct of any nature whatsoever, (6) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and date we might store, (7) any interruption or cessation of Services or the Site or third-party services or sites linked to this Site or the Services, (8) any viruses, worms, bugs, Trojan horses, or the like, which might be transmitted to or from this Site or the Services or any third-party sites linked (through hyperlinks, banner advertising or otherwise) to this Site or the Services, and/or (1) any loss or damage of any kind incurred as a result of your use of this Site or the Services found at this Site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Leadfindr is advised of the possibility of such damages.
6.2. One-Year Period to Bring Claims
You specifically acknowledge and agree that any cause of action arising out of or related to this Site or the Services must be commenced within one year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
6.3. Amount of Damages Limited
You specifically acknowledge and agree that Leadfindr total aggregate liability for any claims shall not exceed the lesser of (a) $300, or (b) the total amount paid by you for the particular Services that are the subject of the cause of action.
Indemnification of Leadfindr
You agree to protect, defend, indemnify and hold harmless Leadfindr and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys fees) imposed upon or incurred by Leadfindr directly or indirectly arising from (1) your use of the Site or the Services found at this Site; (2) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (3) your violation of any third-party right, including without limitation any intellectual property rights or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
Jurisdiction and Venue
For purposes of jurisdiction and venue, this Agreement shall be deemed to have been negotiated, executed, and delivered, and is to be wholly performed, in the City of Sheridan, State of Wyoming, and the rights and obligations of the Parties shall be construed and enforced in accordance with, and governed by, the internal, substantive laws of the State of Wyoming, regardless of conflict of laws principles. The exclusive venue for any action to interpret or enforce this Agreement, or any action in which this Agreement may support a defense or counter-claim, shall be in the Superior Court for the State of Wyoming). You hereby consent to such jurisdiction and venue, and waive all defenses of lack of personal jurisdiction and forum non conveniens.
Waiver of Jury Trial
You agree to waive the right to trial by jury in any action or proceeding relating to or arising out of this Agreement.
Attorney Fees and Costs
In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs from the non-prevailing party.
Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Third Party Beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be used to interpret the Agreement. In the event any provision or part of this Agreement is found to be invalid or unenforceable by a court, only that particular provision or part so found, and not the entire Agreement, will be inoperative.