Terms and Conditions

THE
AGREEMENT: The use of this website and services on this website provided
by LeadLinkr (hereinafter referred to as “Company”) are subject to the
following Terms & Conditions (hereinafter the “Agreement”), all parts and
sub-parts of which are specifically incorporated by reference here. This
Agreement shall govern the use of all pages on this website (hereinafter
collectively referred to as “Website”) and any services provided by or on this
Website (“Services”). LeadLinkr is not a LinkedIn product. You understand that
like any third-party software or tools, LinkedIn Corporation does not endorse
the use of LeadLinkr nor does LinkedIn Corporation have any association with LeadLinkr.

 

1) DEFINITIONS

The parties
referred to in this Agreement shall be defined as follows:

  1. Company, Us, We: The Company, as
    the creator, operator, and publisher of the Website, makes the Website,
    and certain Services on it, available to users. LeadLinkr, Company, Us,
    We, Our, Ours and other first-person pronouns will refer to the Company,
    as well as all employees and affiliates of the Company.
  2. You, the User, the Client: You, as
    the user of the Website, will be referred to throughout this Agreement
    with second-person pronouns such as You, Your, Yours, or as User or
    Client.
  3. Parties: Collectively, the parties
    to this Agreement (the Company and You) will be referred to as Parties.

 

2) ASSENT & ACCEPTANCE

By using the
Website, You warrant that You have read and reviewed this Agreement and that You
agree to be bound by it. If You do not agree to be bound by this Agreement,
please leave the Website immediately. The Company only agrees to provide use of
this Website and Services to You if You assent to this Agreement.

 

3) AGE RESTRICTION

You must be at
least 18 (eighteen) years of age to use this Website or any Services contained
herein. By using this Website, You represent and warrant that You are at least
18 years of age and may legally agree to this Agreement. The Company assumes no
responsibility or liability for any misrepresentation of your age.

 

4) LICENSE TO USE WEBSITE

The Company may
provide You with certain information as a result of Your use of the Website or
Services. Such information may include, but is not limited to, documentation,
data, or information developed by the Company, and other materials which may
assist in Your use of the Website or Services (“Company Materials”). Subject to
this Agreement, the Company grants You a non-exclusive, limited,
non-transferable and revocable license to use the Company Materials solely in
connection with Your use of the Website and Services. LeadLinkr paid license is
non-refundable. The Company Materials may not be used for any other purpose and
this license terminates upon Your cessation of use of the Website or Services
or at the termination of this Agreement.

 

5) INTELLECTUAL PROPERTY

You agree that the
Website and all Services provided by the Company are the property of the
Company, including all copyrights, trademarks, trade secrets, patents, and
other intellectual property (“Company IP”). You agree that the Company owns all
right, title, and interest in and to the Company IP and that You will not use
the Company IP for any unlawful or infringing purpose. You agree not to
reproduce or distribute the Company IP in any way, including electronically or
via registration of any new trademarks, trade names, service marks or Uniform
Resource Locators (URLs), without express written permission from the Company.

 

6) USER OBLIGATIONS

As a user of the
Website or Services, You may be asked to register with Us. When You do so, You
will choose a user identifier, which may be Your email address or another term,
as well as a password. You may also provide personal information, including,
but not limited to, Your name. You are responsible for ensuring the accuracy of
this information. This identifying information will enable You to use the
Website and Services. You must not share such identifying information with any
third party and if You discover that Your identifying information has been
compromised, You agree to notify Us immediately in writing. Email notification
will suffice. You are responsible for maintaining the safety and security of Your
identifying information as well as keeping Us apprised of any changes to Your
identifying information. Providing false or inaccurate information or using the
Website or Services to further fraud or unlawful activity is grounds for
immediate termination of this Agreement.

 

7) ACCEPTABLE USE

You agree not to
use the Website or Services for any unlawful purpose, or any purpose prohibited
under this clause. You agree not to use the Website or Services in any way that
could damage the Website, Services, or general business of the Company.

You further agree
not to use the Website or Services:

  1. To harass, abuse, or threaten
    others or otherwise violate any person’s legal rights.
  2. To violate any intellectual
    property rights of the Company or any third party.
  3. To upload or otherwise disseminate
    any computer viruses or other software that may damage the property of another.
  4. To perpetrate any fraud.
  5. To engage in or create any
    unlawful gambling, sweepstakes, or pyramid scheme.
  6. To publish or distribute any
    obscene or defamatory material.
  7. To publish or distribute any
    material that incites violence, hate or discrimination towards any group.
  8. To unlawfully gather information
    about others.

 

8) PRIVACY INFORMATION

Through Your Use of
the Website and Services, You may provide Us with certain information. By using
the Website or the Services, You authorize the Company to use Your information
in the Canada and any other country where We may operate.

Information We May
Collect or Receive: When You register for an account, You provide Us with a
valid email address and may provide Us with additional information, such as Your
name or billing information. Depending on how You use Our Website or Services,
We may also receive information from external applications You use to access
Our Website, or We may receive information through various web technologies,
such as cookies, log files, clear gifs, web beacons or others.

How We Use
Information: We use the information gathered from You to ensure Your continued
good experience on Our website, including through email communication. We may
also track certain of the passive information received to improve Our marketing
and analytics, and for this, We may work with third-party providers.

How You Can Protect
Your Information: If You would like to disable Our access to any passive
information We receive from the use of various technologies, You may choose to
disable cookies in Your web browser. Please be aware that the Company will
still receive information about You that You have provided, such as Your email
address. If You choose to terminate Your account, the Company will store
information about You for the following number of days: 30. After that time, it
will be deleted

We use SSL (Secure
Sockets Layer) for connections between client side (website & app) and our
servers to protect your data

We do not collect
any payment information of any kind.

We store only your LeadLinkr
account information (email, licenses, team members for enterprise accounts) on
our servers

 

9) REVERSE ENGINEERING
& SECURITY

You agree not to
undertake any of the following actions:

  1. Reverse engineer or attempt to
    reverse engineer or disassemble any code or software from or on the
    Website or Services.
  2. Violate the security of the
    Website or Services through any unauthorized access, circumvention of
    encryption or other security tools, data mining or interference to any
    host, user, or network.

 

10) DATA LOSS

The Company does
not accept responsibility for the security of Your account or content. You
agree that Your use of the Website or Services is at Your own risk.

 

11) INDEMNIFICATION

You agree to defend
and indemnify the Company and any of its affiliates (if applicable) and hold Us
harmless against any and all legal claims and demands, including reasonable
attorney’s fees, which may arise from or relate to Your use or misuse of the
Website or Services, Your breach of this Agreement, or Your conduct or actions.
You agree that the Company shall be able to select its own legal counsel and
may participate in its own defence, if the Company wishes.

 

12) SPAM POLICY

You are strictly
prohibited from using the Website or any of the Company’s Services for illegal
spam activities, including gathering email addresses and personal information
from others or sending any mass commercial emails.

 

13) THIRD-PARTY LINKS
& CONTENT

The Company may
occasionally post links to third party websites or other services. You agree
that the Company is not responsible or liable for any loss or damage caused as
a result of Your use of any third-party services linked to from Our Website.

 

14) MODIFICATION &
VARIATION

The Company may,
from time to time and at any time without notice to You, modify this Agreement.
You agree that the Company has the right to modify this Agreement or revise
anything contained herein. You further agree that all modifications to this
Agreement are in full force and effect immediately upon posting on the Website
and that modifications or variations will replace any prior version of this
Agreement, unless prior versions are specifically referred to or incorporated
into the latest modification or variation of this Agreement.

  1. To the extent any part or sub-part
    of this Agreement is held ineffective or invalid by any court of law, You
    agree that the prior, effective version of this Agreement shall be
    considered enforceable and valid to the fullest extent.
  2. You agree to routinely monitor
    this Agreement and refer to the Effective Date posted at the top of this
    Agreement to note modifications or variations. You further agree to clear Your
    cache when doing so to avoid accessing a prior version of this Agreement. You
    agree that Your continued use of the Website after any modifications to
    this Agreement is a manifestation of Your continued assent to this
    Agreement.
  3. In the event that You fail to
    monitor any modifications to or variations of this Agreement, You agree
    that such failure shall be considered an affirmative waiver of Your right
    to review the modified Agreement.

 

15) ENTIRE AGREEMENT

This Agreement
constitutes the entire understanding between the Parties with respect to any
and all use of this Website. This Agreement supersedes and replaces all prior
or contemporaneous agreements or understandings, written or oral, regarding the
use of this Website.

 

16) SERVICE INTERRUPTIONS

The Company may
need to interrupt Your access to the Website to perform maintenance or
emergency services on a scheduled or unscheduled basis. You agree that Your
access to the Website may be affected by unanticipated or unscheduled downtime,
for any reason, but that the Company shall have no liability for any damage or
loss caused as a result of such downtime.

 

17) TERM, TERMINATION
& SUSPENSION

The Company may
terminate this Agreement with You at any time for any reason, with or without
cause. The Company specifically reserves the right to terminate this Agreement
if You violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of the Company or a third party,
failing to comply with applicable laws or other legal obligations, and/or
publishing or distributing illegal material. If You have registered for an
account with Us, You may also terminate this Agreement at any time by
contacting Us and requesting termination. At the termination of this Agreement,
any provisions that would be expected to survive termination by their nature
shall remain in full force and effect.

 

18) NO WARRANTIES

You agree that Your
use of the Website and Services is at Your sole and exclusive risk and that any
Services provided by Us are on an “As Is” basis. The Company hereby expressly
disclaims any and all express or implied warranties of any kind, including, but
not limited to the implied warranty of fitness for a particular purpose and the
implied warranty of merchantability. The Company makes no warranties that the
Website or Services will meet Your needs or that the Website or Services will
be uninterrupted, error-free+, or secure. The Company also makes no warranties
as to the reliability or accuracy of any information on the Website or obtained
through the Services. You agree that any damage that may occur to You, through Your
computer system, or as a result of loss of Your data from Your use of the
Website or Services is Your sole responsibility and that the Company is not
liable for any such damage or loss.

 

19) LIMITATION ON
LIABILITY

The Company is not
liable for any damages that may occur to You as a result of Your use of the
Website or Services, to the fullest extent permitted by law. The maximum
liability of the Company arising from or relating to this Agreement is limited
to the greater of one hundred ($100) Canadian $ or the amount You paid to the
Company in the last six (6) months. This section applies to any and all claims
by You, including, but not limited to, lost profits or revenues, consequential
or punitive damages, negligence, strict liability, fraud, or torts of any kind.

 

20) GENERAL PROVISIONS

  1. LANGUAGE: All communications made,
    or notices given pursuant to this Agreement shall be in the English
    language.
  2. JURISDICTION, VENUE & CHOICE
    OF LAW: Through Your use of the Website or Services, You agree that the
    laws of the Canada shall govern any matter or dispute relating to or
    arising out of this Agreement, as well as any dispute of any kind that may
    arise between You and the Company, with the exception of its conflict of
    law provisions. In case any litigation specifically permitted under this
    Agreement is initiated, the Parties agree to submit to the personal
    jurisdiction of the Canada. The Parties agree that this choice of law,
    venue, and jurisdiction provision is not permissive, but rather mandatory
    in nature. You hereby waive the right to any objection of venue, including
    assertion of the doctrine of forum non conveniens or similar doctrine.
  3. ARBITRATION: In case of a
    dispute between the Parties relating to or arising out of this Agreement,
    the Parties shall first attempt to resolve the dispute personally and in
    good faith. If these personal resolution attempts fail, the Parties shall
    then submit the dispute to binding arbitration. The arbitration shall be
    conducted in the Canada. The arbitration shall be conducted by a single
    arbitrator and such arbitrator shall have no authority to add Parties,
    vary the provisions of this Agreement, award punitive damages, or certify
    a class. The arbitrator shall be bound by applicable and governing law of
    the Canada. Each Party shall pay their own costs and fees. Claims
    necessitating arbitration under this section include, but are not limited
    to: contract claims, tort claims based on local laws, ordinances, statutes,
    or regulations. Intellectual property claims by the Company will not be
    subject to arbitration and may, as an exception to this sub-part, be
    litigated. The Parties, in agreement with this sub-part of this Agreement,
    waive any rights they may have to a jury trial in regard to arbitral
    claims.
  4. ASSIGNMENT: This Agreement,
    or the rights granted hereunder, may not be assigned, sold, leased, or
    otherwise transferred in whole or part by You. Should this Agreement, or
    the rights granted hereunder, by assigned, sold, leased or otherwise
    transferred by the Company, the rights and liabilities of the Company will
    bind and inure to any assignees, administrators, successors and executors.
  5. SEVERABILITY: If any part or
    sub-part of this Agreement is held invalid or unenforceable by a court of
    law or competent arbitrator, the remaining parts and sub-parts will be
    enforced to the maximum extent possible. In such condition, the remainder
    of this Agreement shall continue in full force.
  6. NO WAIVER: In the event that
    We fail to enforce any provision of this Agreement, this shall not
    constitute a waiver of any future enforcement of that provision or of any
    other provision. Waiver of any part or sub-part of this Agreement will not
    constitute a waiver of any other part or sub-part.
  7. HEADINGS FOR CONVENIENCE ONLY:
    Headings of parts and sub-parts under this Agreement are for convenience
    and organization, only. Headings shall not affect the meaning of any
    provisions of this Agreement.
  8. NO AGENCY, PARTNERSHIP OR JOINT
    VENTURE: No agency, partnership, or joint venture has been created
    between the Parties as a result of this Agreement. No Party has any
    authority to bind the other to third parties.
  9. FORCE MAJEURE: The Company is
    not liable for any failure to perform due to causes beyond its reasonable
    control including, but not limited to, acts of God, acts of civil
    authorities, acts of military authorities, riots, embargoes, acts of
    nature and natural disasters, and other acts which may be due to
    unforeseen circumstances.
  10. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic
    communications are permitted to both Parties under this Agreement,
    including e-mail or fax. For any questions or concerns, please email Us at
    the following address: 
    info@LeadLinkr.com.

 

21) CANCELLATION POLICY

Users in the Pilot Stage wishing to cancel their subscription with LeadLinkr must provide 15 days written notice during their pilot stage of service.

Users wishing to cancel their subscription with LeadLinkr must provide 14 days written notice during the first month of service.

Users wishing to cancel their subscription with LeadLinkr after the first month of service must provide 30 days written notice to info@LeadLinkr.com.

Users wishing to cancel their subscription with LeadLinkr after four months of service must provide 45 days written notice to info@LeadLinkr.com.

 

22) DURATION

 

The obligations of this Agreement shall be in effect for a period of five (5) years from the date on which this Agreement is executed by both parties. Resellers wishing to cancel the agreement early may do so with the understanding that The Company reserves the right to retain all active licenses and approach the third-party users of
those licenses directly.