Terms of Use
Last Updated: April 7, 2020
Welcome to the Lead Giant Media Ltd. (“LEADGIANT”) website located at https://leadgiantmedia.com/ (the “Site”). Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your access and use of our Site.
1) Agreement to Terms. By accessing and using our Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not access or use the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Please note that these Terms only cover the access and use of our Site, and do not cover your use of our products, services, and other online or off-line offerings we may offer (the “Services”). Your use of the Services is covered by a separate services agreement that you consent to prior to using LEADGIANT’s Services.
2) Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users who access the Site. You acknowledge and agree that your access and use of the Site is subject to our Privacy Policy.
3) Changes to the Terms or the Site. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications to you. It’s important that you review the Terms whenever we update them or you access the Site. If you continue to access the Site after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not access the Site anymore. Because our Site is evolving over time, we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
4) Who May Use the Site? You may access and use the Site only if you are 18 years or older, capable of forming a binding contract with LEADGIANT, and are not barred from accessing the Site under applicable law.
5) Content Ownership and License.
a) Definition. For purposes of these Terms, “Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site.
b) Our Content Ownership. Subject to the foregoing, LEADGIANT and its licensors exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content.
c) Rights in Content Granted by Us. Subject to your compliance with these Terms, LEADGIANT grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Site.
6) General Prohibitions and LEADGIANT’s Enforcement Rights. You agree not to do any of the following:
a) Use, display, mirror or frame the Site or any individual element within the Site, LEADGIANT’s name, any LEADGIANT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LEADGIANT’s express written consent;
b) Access, tamper with, or use non-public areas of the Site, LEADGIANT’s computer systems, or the technical delivery systems of LEADGIANT’s providers;
c) Attempt to probe, scan or test the vulnerability of any LEADGIANT system or network or breach any security or authentication measures;
d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LEADGIANT or any of LEADGIANT’s providers or any other third party (including another user) to protect the Site or Content;
e) Attempt to access or search the Site or Content or download Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by LEADGIANT or other generally available third-party web browsers;
f) Use any meta tags or other hidden text or metadata utilizing a LEADGIANT trademark, logo, URL or product name without LEADGIANT’s express written consent;
g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
h) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
i) Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
j) Impersonate or misrepresent your affiliation with any person or entity;
k) Violate any applicable law or regulation; or
i) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Site or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
7) Links to Third Party Websites or Resources. The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
8) Feedback. We welcome feedback, comments and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us at [email protected] . You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9) Termination. We may terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Site, all provisions of these Terms which by their nature should survive will survive.
10) Warranty Disclaimers. THE SITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
11) Indemnity. You will indemnify and hold harmless LEADGIANT and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Site or (ii) your violation of these Terms.
12) Limitation of Liability.
a) NEITHER LEADGIANT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEADGIANT OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
b) IN NO EVENT WILL LEADGIANT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED FIFTY DOLLARS ($50).
c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LEADGIANT AND YOU.
13) Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of Washington, USA, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the federal and state courts in the Western District of Washington.
14) General Terms.
a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between LEADGIANT and you regarding the Site and Content, and these Terms supersede and replace any and all prior, oral or written understandings or agreements between LEADGIANT and you regarding the Site and Content. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without LEADGIANT’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LEADGIANT may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
b) Notices. Any notices or other communications provided by LEADGIANT under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
c) Waiver of Rights. LEADGIANT’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LEADGIANT. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
15) Contact Information. If you have any questions about these Terms or the Site, please contact LEADGIANT at [email protected].