TERMS OF USE
The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the LeadTackle web site is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and LeadTackle, Inc. ("LeadTackle" or the "Company").
If you do not agree to these Terms and Conditions and to the Listing Policies, do not access information from, the Service. LeadTackle may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the LeadTackle website.
GENERAL PROVISIONS
Membership Privileges Membership privileges are granted by LeadTackle to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the LeadTackle web site without express written permission from LeadTackle. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of LeadTackle. LeadTackle requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the LeadTackle system. Members are not permitted to share their individual logon information with others. LeadTackle has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the companies Policies as posted and displayed on the LeadTackle website, or abuses their rights related to the LeadTackle service
LeadTackle utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant LeadTackle the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes LeadTackle determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. users/customers.
Use of Information Customer agrees to treat all information obtained from the Service as proprietary to LeadTackle. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of LeadTackle. LeadTackle does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active buyer website information in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer also agrees that LeadTackle shall not be held responsible for any disputes between customer and any potential buying companies found on LeadTackle.com. Customer realizes that the purpose of LeadTackle.com is intended for informational use and buying companies listed on this website shall not be solicited to in any way, shape or form except for real estate purposes.
Payment Terms At this time, Leadtackle.com is offering free service, However, we do reserve the right to change our financial strategy in the future. Should Leadtackle.com start charging a fee to use the service, every member will be notified by their registered email and wil be given a choice to pay or simply opt out without any charge. Unsolicited Commercial Email (Spam) LeadTackle prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the buying company websites to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. LeadTackle has the right to revoke the privileges of any customer or company that breaches these terms.
Ownership and License Grant LeadTackle retains all rights (including Intellectual Property Rights as defined below), title and interest in the LeadTackle Web site. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of LeadTackle technology or delete or alter author attributes or copyright notices. Customer shall use the LeadTackle system solely for their own use and shall not allow others to use the LeadTackle system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification IN NO EVENT SHALL LeadTackle BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. LeadTackle (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify LeadTackle (and LeadTackle ‘s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.
Warranty Disclaimers THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LeadTackle MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS.
Links to Third Party Sites This web site may contain hyperlinks to other web sites operated by parties other than LeadTackle. Parties other than LeadTackle may provide services or sell product lines on this site that take you outside of our service. LeadTackle does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. LeadTackle does not assume any liability for the actions, product, and content of all of these and any other third parties. LeadTackle makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the LeadTackle site, the site you will land on is not controlled by LeadTackle and different terms of use and privacy statements may apply. LeadTackle also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of LeadTackle Customer fully understands that not each and every buying company listed on the LeadTackle website gave LeadTackle permission to have a link to their webpage. Customer also realizes that not all information in LeadTackle’s search engine is accurate and that some buying companies may not fit under the designated category in the search engine. LeadTackle shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the website. LeadTackle reserves the right to modify or change any and all terms and conditions at any time. Customer also fully understands that the links provided to the potential buying company websites on LeadTackle.com are intended for informational purposes and customer shall not abuse the service in any way, such as soliciting to these buying companies or sending spam emails or phone calls/faxes.
Governing Law This Agreement, and the Deliverables provided by LeadTackle, shall be governed by the laws of the State of New Jersey, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Monmouth County, New Jersey for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of LeadTackle, which retains the right to withhold consent in its sole discretion.
Notices All notices to Company must be in email form sent to the “Chief Officer” written in subject of the email, and will be returned by the “Chief Officer”. Without a reply receipt from the “Chief Officer”, no notices will be official.
Entire Agreement The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
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