Terms of Service
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Please read these terms of service very carefully before registering for the LeadingReach web site and Service. These terms of service (“Agreement”) govern you accessing content and using leadingreach.com and its affiliate’s web sites and using the LeadingReach Service. This Agreement between you (“you”) and Leading Reach, Inc (“LeadingReach”), is subject to change by us as described below. By clicking the “I Accept” button below, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and LeadingReach.
- This Software is owned and operated by LeadingReach . The Software and its content (“Content”) and the LeadingReach SaaS service (“Service”) may only be accessed in accordance with this Terms Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by LeadingReach or the copyright owner to the fullest extent allowed by law.
- You acknowledge and agree that LeadingReach may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Leading Reach’s sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if LeadingReach disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
- If participating on a paid version of LeadingReach (PPM and/or Network Plus), the following payment terms apply. By submitting your payment details, you accept and acknowledge that your credit card or banking account will be charged on a monthly or annual basis at the then-current fee for the Service until cancelled by cardholder/account holder. A receipt will be emailed to you and the monthly charge will appear on your card/banking statement. You may contact [email protected] to cancel your monthly subscription with thirty (30) days written notice. At the time of cancellation, your recurring charges will end thirty (30) days after written notice is received. LeadingReach will not refund or prorate any fee already paid at the time of cancellation. Upon cancellation, you may stay on the LeadingReach Network plan. This section also applies if you receive monthly or annual invoices for your LeadingReach (PPM and/or Network Plus) paid subscription.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by LeadingReach, unless you have been specifically allowed to do so in a separate agreement with LeadingReach. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with LeadingReach, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that LeadingReach has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which LeadingReach may suffer) of any such breach. Each user of the Service must have a separate and unique login. Except as specifically agreed by LeadingReach in writing. You may not share, loan or transfer any username or password, or otherwise give access to a login in a manger designed to evade this restriction. A single user login account under any LeadingReach plan with a generic email address and/or generic name by be terminated at the sole discretion of LeadingReach.
- You understand that all information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images/documents, etc. ) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.
- LeadingReach reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.
- While LeadingReach uses reasonable efforts to include accurate and up-to-date information on the Site, LeadingReach makes no warranties or representations as to its accuracy. LeadingReach assumes no liability or responsibility for any errors or representations in the Content or this Site.
- The Software may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Leading Reach is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- Users of the Software may post comments, materials and other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that LeadingReach shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. LeadingReach has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
- If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, you represent and warrant that you have the full legal rights to publish the content using the Service, through ownership or license from the content owner. Furthermore, you represent and warrant that your use of the Service in connection with any content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold LeadingReach and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
- At your discretion, you may provide feedback to LeadingReach concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to LeadingReach. In the event ownership in the Feedback cannot be granted to LeadingReach, you grant LeadingReach at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that LeadingReach may disclose that Feedback to any third party in any manner and you agree that LeadingReach has the ability to sublicense all Feedback in any form to any third party without restriction.
- The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. LeadingReach may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
- You shall not transmit to LeadingReach or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your username and password for any unauthorized purpose.
- Customer is solely responsible for compliance with all applicable law, including but not limited to HIPAA for Customer’s own LeadingReach account maintenance, configuration, operation and procedures, including but not limited to user/admin account access and security.
- LeadingReach may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
- LeadingReach may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
- The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of LeadingReach’s proprietary rights in them.
- THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LEADINGREACH SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. LEADINGREACH MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, LEADINGREACH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LEADINGREACH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LEADINGREACH OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF LEADINGREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. LEADINGREACH’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF LEADINGREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA CommercialArbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction.You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and LeadingReach. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Licensed Application. All claims arising out of or relating to this Agreement, to the Services, or to your relationship with LeadingReach that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Austin, Texas, U.S.A. You and LeadingReach consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.