Terms & Conditions
LimeLeads grants you a non-exclusive, non-assignable, revocable license (the "License") to access and use the Services during the term hereof, subject to all of the terms and conditions hereof, including your satisfaction of all registration, payment and/or other requirements to the extent applicable to particular Products, as described on the Site.
(a) In using the Services, you shall not:
(b) You shall:
(a) You may not develop or derive for commercial sale any data in any form that incorporates or uses any of the Information. Except with the prior written consent of LimeLeads, you may not transfer or disclose any Information to anyone else. You may only use the Site for commercial purposes after registering and paying any applicable fees for one or more applicable LimeLeads Services. You may use the Services solely for personal and/or your internal business purposes only, subject to the limitations set forth herein.
(a) LimeLeads owns the Services, including all software and other technology provided or employed by LimeLeads in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Services, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. Without limitation of the foregoing, as between LimeLeads and you, LimeLeads shall retain all right, title and interest in and to the compiled biographical and company data and all other materials accessible by means of the Services. You shall abide by all additional copyright notices or restrictions contained in any content accessed through the Site.
(b) By furnishing Information, LimeLeads does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Services, as set forth herein. All rights not expressly granted herein under the License are reserved by LimeLeads.
PROVISION OF SERVICES
(a) LimeLeads may make improvements or changes in the Services at any time without notice.
(b) LimeLeads shall not be 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 except to the extent provided by law.
(c) LimeLeads will use reasonable commercial efforts to provide the Services on a 24/7 basis but it shall not be responsible for any disruption, regardless of length.
The term hereof will commence when you first access the Services and continue in effect until terminated by either party, provided that your License with respect to particular Products may sooner expire as provided herein. LimeLeads may, in its sole discretion, terminate or suspend your access to all or part of the Services for any or no reason and without prior notice to you; provided, however, if LimeLeads terminates for a reason other than your misconduct or breach of these Terms, and you have prepaid for Services, LimeLeads will recompense you on a pro rata basis for such pre-paid amounts. You may terminate these Terms at any time by discontinuing use of the Services. Upon termination of these Terms for any reason, the License will likewise terminate and you shall immediately cease using the Services, including the Information.
The Site contains links to websites that LimeLeads does not operate. LimeLeads is not responsible for the content of these websites, and you should direct any concerns regarding these websites to their respective site administrators or webmasters.
REPRESENTATIONS AND WARRANTIES; INDEMNITY
You represent, warrant and covenant (a) that no Materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen (18) years old. You hereby indemnify, defend and hold harmless LimeLeads and its successors or assigns, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees of the foregoing (collectively, the "Indemnified Parties") from and against any and all liability and costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. LimeLeads reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, LIMELEADS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. LIMELEADS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
(b) IN NO EVENT SHALL LIMELEADS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. LIMELEADS'S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES FOR THE THEN-CURRENT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, LIMELEADS'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
CHANGES TO THE TERMS
LimeLeads reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. LimeLeads may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
(a) Relationship. No joint venture, partnership, employment or agency relationship exists between you and LimeLeads as a result of these Terms and/or your use of the Services.
(b) Authority. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. The parties agree that these Terms shall be effective as of the date accepted by you.
(c) Entire Agreement. These Terms represent the entire binding agreement between you and LimeLeads with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding Services. If you use particular Services, you and LimeLeads shall be subject to any additional posted terms, guidelines or rules applicable to such Services.
(d) Assignment and Waiver. LimeLeads may assign these Terms at its discretion. You may not assign, sublicense or transfer these Terms or the License in whole or in part to anyone else. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
(e) Jurisdiction. These Terms shall be governed by the laws of the United States of America.
(f) Equitable Relief. In addition to money damages, LimeLeads shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms.
(g) Severability. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent.
(h) Legal Expenses. The prevailing party in any legal action brought by one party against the other that arises out of these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys' fees.
(i) Construction. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to "including" and variations thereof shall be deemed to mean, "including, but not limited to."
(j) Notices. Notices required or permitted hereunder that are intended for you personally and not all users of the Services shall be sent to you at the most recent email address on file with LimeLeads. Notices to LimeLeads shall be sent by email to email@example.com.