Welcome to the LeadGather.com website (the "Site" or "Website"). By using the Site, you are agreeing to comply with and be bound by this Terms of Service Agreement (the "Agreement" or "Terms of Service"). Please review the following terms carefully. If you do not agree to these Terms of Service, you should not use this Site or the lead buying and selling services offered through the Site (the "Services"). The term "LeadGather" or "us" or "we" or "our" refers to Greenway Media, Inc., the owner of the LeadGather.com website. The term "you" refers to the user or viewer of the Site. Please read this Agreement carefully before using the Site.
LeadGather reserves the right, in its sole discretion, to modify or change these Terms of Service at any time without prior notice to you. You should visit this page periodically to review the current Terms of Service; the date of the last update will be posted for your convenience. Your continued use of LeadGather.com following the posting of any changes to the Terms of Service constitutes your acceptance of those changes.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement.
Purchasers of leads (each a "Lead Buyer") shall not be construed as a LeadGather partner, representative, employee or agent, and users of LeadGather.com shall not hold themselves out as such. LeadGather.com users shall not use LeadGather's name in any advertising or solicitation without LeadGather's prior written consent. LeadGather.com users ("Users") are responsible for and shall pay all costs and expenses directly or indirectly incurred by those Users in performing under this Agreement. Users have no authority to negotiate or execute any documents for or on behalf of LeadGather or to enter into any agreement, contract, commitment or other obligation for or on behalf of LeadGather.
You agree that you will refrain from using LeadGather.com in any way not expressly permitted by this Agreement. You further agree that you will not copy or distribute any proprietary information obtained from a LeadGather Website, including without limitation information about any leads. Your right to access your account with LeadGather (your "Account"), and any information associated therewith (e.g., Account authentication information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by LeadGather. You agree that you will not use any automated means, including without limitation agents, robots, scripts, screen-scrapers, or spiders, to access or manage your Account, or to monitor or copy any LeadGather Website, or the content contained therein except those automated means expressly made available by LeadGather, if any, or authorized in advance and in writing by LeadGather. You agree that you will not interfere or attempt to interfere with the proper working of any LeadGather Website. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on any LeadGather Website as determined by LeadGather.
It is your sole responsibility to set and verify your Account/program settings. LeadGather assumes no responsibility for Account/program settings, and shall not be liable for any loss incurred as a result of Account/program settings. It is your sole responsibility to contact LeadGather immediately if your authentication information is compromised, or if you believe your Account has been or will be used for fraudulent activity.
All information, materials and software on LeadGather.com, except noted third party materials, are the property of LeadGather and are protected under United States and international copyright laws and treaty provisions. LeadGather neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties.
WHILE EFFORTS ARE MADE TO ENSURE THE INTEGRITY OF OUR PROGRAM, WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. WE MAY MAKE CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE SITE AT ANY TIME. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any third party content or third party websites. LeadGather has not reviewed all of the sites using the technology developed by LeadGather to generate leads and is not responsible for the content of any off-site pages or any websites linked to the Site.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be required to pay you for any Submission (including without limitation, product, service or advertising ideas) no matter how that Submission is used. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for all the material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. You understand that you may be required to complete certain Internal Revenue Service ("IRS") tax information reporting forms prior to your receipt of any monetary sums. You further understand that LeadGather may be required to provide information regarding your earnings to the IRS or any other foreign government agency that requests such information concerning its citizens.
Certain sections of, or offerings from, the Site may require you to register and create an Account. If registration is requested, you agree to provide us with accurate, complete registration information, including your real name, and to update such information as it changes. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. Only Lead Buyers who have successfully completed the registration process may access or use sections of the Site requiring registration.
LeadGather applies a transaction fee for the purchase of leads as set forth on the LeadGather.com website.
You represent and warrant that (i) any credit information you supply to LeadGather is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
If you submit your credit card details, you authorize LeadGather to debit your credit card for the services purchased and any future deposits you make to your Account. To minimize credit card misuse, repeated use of invalid credit cards to make account deposits will incur penalty as set forth here. This amount will be deducted from your Account balance.
You covenant and agree that during the term of this Agreement, you shall not sell, offer to sell, exchange or otherwise transfer to any third party any lead data purchased from LeadGather under this Agreement.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, arising out of your use of the Site and/or the Services.
Any controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, or the Services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through the American Arbitration Association, and each party shall bear its own legal fees and associated costs.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE AVAILABLE ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LEADGATHER NOR ANY OF THE LEADGATHER ENTITIES MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE SERVICES, THIRD PARTY PRODUCTS OR INFORMATION, OR LEADGATHER WEBSITES, THE SUCCESS OF YOUR USE THEREOF AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.
LEADGATHER DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE WEBSITE OR THE SERVICES, EVEN IF LEADGATHER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LEADGATHER SHALL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU TO LEADGATHER PURSUANT TO THIS AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT THAT GAVE RISE TO THE DAMAGES.
The terms and conditions of this Agreement represent the complete, final and exclusive agreement between LeadGather and you, and supersede all prior agreements, representations and understandings. Notwithstanding the foregoing, if you entered into a separate agreement with LeadGather governing your use of the Website and/or Services, then that agreement (the "Negotiated Agreement") will survive, and only those provisions of this Agreement that do not conflict with the Negotiated Agreement will apply. This Agreement may be terminated by LeadGather at any time for any reason or no reason. LeadGather reserves the right to change the Website or the Services at any time with or without notice. If any provision of this Agreement conflicts with any other rule, regulation, or agreement, the terms and conditions of this Agreement shall govern. This Agreement shall be treated as though it were executed and performed in Boston, Massachusetts, and shall be governed by and construed in accordance with the laws of the State of Massachusetts (without regard to conflict of law principles). You agree that any legal action or proceeding between Company and you permitted by the arbitration provision here in shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Boston, Massachusetts. Any cause of action or claim you may have with respect to this Agreement or LeadGather.com must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, merger, or assignment of assets. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
© 2007 LeadGather