END USER & SUBSCRIBER AGREEMENT
PLEASE READ THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES PROVIDED BY LEADER. ALL REFERENCES TO LEADER SHALL INCLUDE LEADER TECHNOLOGIES INCORORATED ("LEADER"), THE OWNER OF THE SERVICES, AND ANY AFFILIATES, SUBSIDIARIES, DIRECTORS, ADVISORS, CONSULTANTS, OFFICERS AND EMPLOYEES OF LEADER, OR ITS SUCCESSORS AND ASSIGNS. ALL REFERENCES TO LEADER SERVICES SHALL INCLUDE LEADERPHONE, LEADER MEETING, LEADER ALERT, DIGITAL LEADERBOARD, LEADER2LEADER, LEADER DIALOG, LEADER STAR*ONE, AND LEADER NEWS, AND SHALL INLCUDE ANY AND ALL RELATED SERVICES. ACCEPTANCE BY LEADER AND ACCESS TO LEADER SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY LEADER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. LEADER AND YOU CONSIDER THIS TO BE YOUR OFFER TO LEADER FOR YOU TO BE ACCEPTED AS A SUBSCRIBER TO LEADER SERVICES AND YOUR PERSONAL PRIVILEGE TO USE THE SERVICES AS DEFINED IN THIS AGREEMENT.
INTRODUCTION: Leader believes it is important for you as a subscriber and user and for all users to have a rewarding experience using Leader services. Leader believes that technological innovations may sometimes frustrate users because user expectations often involve complexities that exceed the limits of technology. Leader has tried to match expectations with technology in providing these services. This Leader® End User & Subscriber Agreement is crafted to explain the legal relationship between you as a subscriber and user on one hand, and Leader on the other hand. Please read it with care and if you do not understand anything kindly send an email to Leader at email@example.com for an explanation before using the service. By using the service, you are bound by the terms of this Agreement.
1. ACCESS TO SERVICES. You have requested access to an information service and to be a subscriber and user ("Subscriber" or "User") under the terms and conditions of this Agreement. Leader may offer to provide certain services, which are described more fully on the website ("Site" or "Sites"), and which are selected by you from time to time through the process provided on the Sites (all things provided to you by Leader are individual termed "Service" and collectively "Services"). The Services are accepted by you solely for your own use, and not for the use or benefit of any third party. Services shall include, but are not be limited to, any services Leader performs for you, as well as the offering of any content on the Site. Leader may change, suspend or discontinue the Services or Site at any time, including the availability of any feature, database, or content. Leader may also impose limits on certain features and services or restrict your access to parts or all of the Services or Site without notice or liability. Leader reserves the right, at its discretion, to modify this Agreement at any time. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services and Site following such modification and notification constitutes your acceptance of the terms and conditions of this Agreement as modified. In order to obtain access to the Site and use the Services, you certify to Leader that you are an individual at least eighteen (18) years of age. You also certify that you do not have a guardian or custodian and you are not under any disability that could affect your legal standing to enter into this Agreement.
You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. If you have subscribed to the Service using company or business resources or credit, you certify that you are authorized to use company or business resources and credit without any further approvals of superiors or associates in your company or business. You further promise, agree and certify that if the company denies payment to Leader you will make payment from your own assets and resources.
This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You also agree and certify that you will comply with any laws or regulations that may apply to your use of the Services and the Site, including, without limitation, any laws requiring registration or filings with local, national and/or international authorities, and the payment of any applicable taxes or tariffs.
You certify that you are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. WEBSITE CONTENT. The Site and its contents are intended solely for the use of Leader Users and Subscribers and may only be used in accordance with the terms of this Agreement. Further, you affirm that you have read and accept the terms and conditions of all Leader DISCLAIMERS located on Leader Sites and all disclaimers stated in this Agreement.
All materials displayed or performed on the Sites (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips/files and video clips/files, also known as the "Content") are protected by copyright, and owned or controlled by Leader, its third party content providers, or the respective party shown by legal notices as the owner of such Content. You agree to abide by all copyright, trademarks, trade secrets, information, and restrictions contained in any Content accessed through the Services and to not violate the intellectual property rights of any Content owner.
The Site is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any portion of any Content in any form, without the Content owner’s prior consent or under exemptions permitted by applicable law. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Leader, or from the copyright holder identified in such Content´s copyright notice, or the Content owner of the intellectual property.
3. THIRD PARTY INFORMATION. You understand that parts of the Content, as well as software tools and portions of the Services available on the Site may be provided by third party hardware, software, telecommunication, telephone and/or content providers and suppliers. You acknowledge that neither Leader nor such third party providers and suppliers guarantee the accuracy, completeness, function or timeliness of such information, tools or services, and, you, therefore, agree that Leader and its third party providers and suppliers shall have no liability for any loss you may suffer through your use of such Services, materials or resulting from any errors, omissions or delays related thereto.
4. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your personal privileges and rights to the Services and/or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Leader User or Subscriber.
Use of the Site or Services to violate the security of any telephone, telecommunications, personal digital assistant, hard drive, memory device, database, computer and/or computer network, obtain or decipher passwords or security encryption codes, transfer or store or communicate any illegal material including that which may be deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run broadcasts or activities of a similar nature, or any form of auto-responder, or "spam" on the Site or in using the Services, or any processes that run or are activated while you are not logged in to the Site or using the Services.
5. UNREASONABLE / EXCESSIVE USE. Certain Leader Services may be offered from time to time on an "unlimited use" pricing basis ("Unlimited Use"). Subscriber acknowledges that Unlimited Use pricing is intended to accomodate particular budgeting and payment needs of the Subscriber and is expressly not intended to offer an opportunity for the Subscriber to exploit and/or overuse the Services ("Unreasonable/Excessive Use"). Subscriber understands, acknowledges and agrees that many other subscribers depend upon the Leader Services simultaneously for their mission critical operational needs and it is in the best interests of the entire Leader subscriber community not to allow Unreasonable/Excessive Use under any circumstances since such use introduces the possibility of a disruption of service for subscribers if such use is allowed to occur. Unreasonable/Exessive Use by Subscriber shall be a sole good faith determination by Leader.
Specifically with regard to Leader Alert, Subscriber understands, acknowledges and agrees that Leader Alert is intended for the timely dissemination of alerts to recipients in emergency situations. Non-emergency use is permissible, however, Leader reserves the right to terminate the Leader Alert Service to Subscriber with thirty (30) days written notice if Leader determines, in its sole discretion, that Subscriber has engaged in Unreasonable/Excessive Use.
6. WARRANTY DISCLAIMER. The information contained on this Site and comprising this Service is provided for general informational purposes, as a convenience to the Subscribers and Users of Leader Services.
LEADER SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR SERVICES, EVEN IF LEADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN EITHER OR BOTH DATA AND TELECOMMUNICATIONS CONNECTIONS TO THE SITE, VIRUSES, TROJAN HORSES, OR FROM DENAIL OF SERVICE AND OTHER FORMS OF MALICIOUS ATTACKS OF ANY KIND.
Leader will work to comply with any applicable laws or regulations that may apply to your use of Services, including, without limitation, any laws requiring registration or filings with applicable authorities. Should Leader not be in full or complete compliance as may be argued from time to time, this will not limit, annul, invalidate or restrict the scope and/or import of the disclaimers and/or limits of liability in this Agreement.
Leader shall not be responsible for obtaining and maintaining any equipment or ancillary services needed by you to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, data, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Leader makes no representations or warranties about the accuracy or completeness of the information contained on its Sites.
Any links provided to other server sites are offered as a matter of convenience and in no way are meant to imply that Leader endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated otherwise. No joint venture, partnership, co-venture, association or similar arrangement should be implied between Leader and any party whose name, logo, slogan or identifiers appears on the Sites or is associated with the Services, unless it is expressly stated that there is such a relationship.
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE THAT THE SERVICES AND THE SITE ARE CONTINUOUSLY UNDER DEVELOPMENT AND THAT THE SERVICES, CONTENT, SITE AND ANY SOFTWARE, HARDWARE OR SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY APPLY FOR CERTAIN PERIODS OF TIME ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEADER DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Services offered and used by you are governed by the Federal Communications Commission ("FCC") as information service offerings under telecommunications law. The FCC considers basic telephone service as a common carrier service, subject to the FCC´s Title II interconnection, tariffing, and facilities construction approval authority. Under Computer II, the subject common carriers would have to offer enhanced services subject to structural safeguards. Information service offerings themselves are exempt from regulation. Leader will comply with any applicable laws or regulations that may apply to your use of Services, including, without limitation, any FCC or state regulations requiring registration or filings to the extent Leader determines may be necessary from time to time. Should Leader as may be argued from time to time not be in full or complete compliance with FCC or state regulation interpretations, this will not limit, annul, invalidate or restrict the scope and/or import of the disclaimers and/or limits of liability in this Agreement.
Nothing herein shall be construed as an offer for sale of the underlying technology and no claims to such have been or will ever be made by You. You acknowledge that You are not under the control of Leader in your use of the Services. You further acknowledge that no technology that underlies the platform has ever been shown to You. You understand and acknowledge that should any claim ever be made regarding the statements in this paragraph, that Your statements may be used as a complete defense against any claims to the contrary without your further permission, affidavit or agreement.
7. REGISTRATION AND SECURITY. As a condition to using the Services provide by Leader, you may be required to register with Leader and select a password ("Password" or "Passwords") and username (also called login name or "User ID") and may be subject to various security precautions designed for your protection and the integrity and privacy of the Services. You agree to and are required to comply with these security measures as they currently exist and as are later modified, including Reporting any Security incident pursuant to the reporting procedure on the Leader Site.
Subscriber shall provide Leader with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.
You may not:
(7.i.) Select or use as a Leader User ID the name of another person with the intent to impersonate that person; or
(7.ii.) Use as a Leader User ID a name subject to any rights of a person other than you without appropriate authorization; or use as a Leader User ID a name subject to any rights of a copyright, trademark, service mark, trade secret or similar mark of any person, business, company, organization, sole proprietor without appropriate authorization.
(7.iii.) Provide either or both of your User ID and Password to another person for the purpose of accessing Leader Sites without the express approval of Leader.
Leader reserves the right to refuse registration of, or cancel a Leader User ID in its sole discretion. You are responsible for maintaining the confidentiality of your Leader Passwords and any activity or transaction entered into using your Passwords will be deemed to have been entered into by you.
8. PRIVACY AND SECURITY.
(8.iii.) How We Use Customer Information. Leader may send Users and Subscribers periodic emails containing information about Leader, Leader Services, administrative notices about your account (such as notices about pending activities), updates on new Service features, Service usage tips, information about third party products and services that are likely to be of interest to Leader Users and Subscribers, and customer service questions.
You may "opt-out" from receiving information about third party products and services by sending an email from the email address assigned to your Leader account to support AT leader.com.
If you are a promotional User or using the Services at no charge to you ("Free Customer"), the only way to opt-out from receiving such information is to cancel your Leader account, which you can do by sending an email from the email address assigned to your Leader account to support AT leader.com.
Leader may also access your Customer Information for the following administrative purposes: (a) to examine system accounting logs, User mailboxes and other company records to resolve security, email and other system errors or problems; (b) for billing purposes; (c) to ensure that only Leader Users and Subscribers are able to access certain Subscriber-only services; and (d) to enforce the Leader Fair Use policies.
(8.iv.) How We Allow Third Parties Access to Your Customer Information. Leader will not permit third parties to have access to your Customer Information except in the following instances:
(8.iv.i) Leader will provide access to certain of your Customer Information to third party suppliers in order for them to perform certain functions for us, for example, credit card numbers are sent to a credit card processing company for billing and address information may be given to a fulfillment company that sends out our welcome kits. These suppliers are not authorized to release this information to other third parties.
(8.iv.ii.) Leader shares Customer Information in aggregated form (e.g., demographic and profile information on groups of Leader Users and Subscribers, not necessarily individual information) with advertisers and others.
(8.iv.iii.) Leader will disclose your Customer Information in cases where, in its discretion, it deems such disclosure required or appropriate in order to comply with applicable laws and regulations and for security and investigative purposes. For example, Leader may disclose such information to law enforcement, other government officials, or third parties in response to criminal or civil subpoenas.
(8.iv.iv.) IF YOU ARE A FREE CUSTOMER, LEADER MAY SELL OR OTHERWISE DISCLOSE TO THIRD PARTIES YOUR CUSTOMER INFORMATION AND ANY OTHER ACCOUNT INFORMATION. AS A FREE CUSTOMER, YOU EXPRESSLY PERMIT LEADER AND SUCH THIRD PARTIES TO USE SUCH INFORMATION, CONSISTENT WITH APPLICABLE LAWS INCLUDING EMAIL SPAM AND FAX SPAM LAWS, TO SEND YOU UNSOLICATED EMAIL, FAX, VOICEMAIL OR OTHER ADVERTISING MATERIALS. To "opt-out" of the sale or disclosure of Customer Information to third parties, please send an email from the email address assigned to your Leader account to firstname.lastname@example.org requesting such "opt-out." Failure to do so will be deemed approval to Leader´s continued retention and/or disclosure to third parties.
(8.iv.v.) IF YOU ARE A SUBSCRIBER, LEADER WILL NOT SELL YOUR CUSTOMER INFORMATION WITHOUT YOUR PRIOR CONSENT.
(8.v.) Access to the Contents of Your Communications and Leader Numbers. Leader acts as a passive conduit for you to send and receive information of your own choosing. Therefore, as a general rule, Leader will not review or monitor the contents of faxes, email, voice mail or other communications sent or received using the Services, and, with respect to Users and Subscribers, we will not disclose to third parties the numbers uploaded to the Site. This general rule is subject to the following two exceptions:
(8.v.i.) Certain technical processing of, and access to fax, email and voice mail messages and their content, may be required to route messages, conform to connecting networks´ technical requirements, prevent or minimize disruptions to the Services, or conform to other similar requirements.
(8.v.ii.) Leader will disclose the contents of private communications and fax numbers in cases where, in its discretion, it deems such disclosure required or appropriate in order to comply with applicable laws and regulations and/or security or investigative procedures. For example, Leader may disclose such information to law enforcement, other government officials, or third parties in response to criminal or civil subpoenas.
You hereby authorize Leader to disclose the contents of your private communications and your related numbers in the circumstances outlined above.
In addition to these two limited exceptions, third parties may illegally intercept or access transmissions, private communications or fax numbers. For this and the other reasons set forth above, Leader does not promise, and you should not expect, that private communications or your contact numbers will always remain private.
(8.vii.) Customer Responsibilities. You are fully responsible for the contents of your transmissions through the Services. Leader simply acts as a passive conduit for you to send and receive information of your own choosing. However, Leader reserves the right to take any action with respect to the Services that Leader deems necessary or appropriate in its sole discretion if Leader believes you or your information may create liability for Leader, compromise or disrupt the Services for you or other Users and Subscribers, or cause Leader to lose (in whole or in part) the services of Leader´s ISPs or other suppliers.
Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
You agree: (i) to comply with United States law regarding the transmission of technical data exported from the United States through the Services; (ii) not to use the Services for illegal purposes; (iii) not to interfere or disrupt networks connected to the Services; (iv) to comply with all regulations, policies and procedures of networks connected to the Services; (v) not to use the Services to infringe any third party´s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vi) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems.
You shall not interfere with another Customer´s use and enjoyment of the Services or another entity´s use and enjoyment of similar services.
9. INFORMATION DISSEMINATION
(9.i.) Copyright Notice. The following copyright notice must be displayed or stated on the screen displaying Leader-copyrighted material electronically or in any other form:
"© Copyright 200x, Leader Technologies Incorporated, All Rights Reserved. Personal non-commercial use of this material is permitted. However, permission to reprint, republish, disseminate this material for advertising or promotional purposes or for creating new collective works for resale or redistribution, or to reuse any copyrighted component of this work in other works must be obtained from Leader."
(9.ii.) Electronic Preprints. Upon submitting content, a URL, a comment, request or an article to Leader for response or review and possible distribution, dissemination and/or publication, the author must add the following notice to the first screen or any page of electronic or printed versions, and previously posted electronic preprint versions of the content in whatever form:
"This work has been submitted to Leader for possible review, distribution, dissemination and/or publication. Copyright may be transferred without notice, after which this version may no longer be accessible."
When Leader accepts the Content for publication, the author must add the Leader copyright notice to any previously posted electronic versions of the particular item submitted and provide Leader with the electronic address (URL, ftp address, etc.) of the primary electronic posting.
When Leader publishes the Content or work, the author must replace the previous electronic version of the accepted paper with either (1) the full citation to the Leader work or (2) the Leader-published version, including the Leader copyright notice and full citation. Prior or revised versions of the paper must not be represented as the published version.
(9.iii.) Collected Works. Leader-copyrighted collected works, such as transactions, journals, magazines, and conference proceedings (full text and/or abstracts) and collections of published papers (including collections distributed from a single server or created through a collection of pointers that refer to versions posted by Leader authors), may not be posted for electronic distribution without prior written permission from Leader. Such permission will be contingent upon the placement of prominently displayed copyright and reuse notices. Another condition in granting permission will be that the posted collected work include a monitoring mechanism for authorizing access to the material and for the reporting of usage data.
(9.iv.) Personal Servers. Authors and/or their companies shall have the right to post their Leader-copyrighted material on their own servers without permission, provided that the server displays a prominent notice alerting readers to their obligations with respect to copyrighted material and that the posted work includes the Leader copyright notice above. An example of an acceptable notice is:
"This material is presented to ensure timely dissemination of scholarly and technical work. Copyright and all rights therein are retained by authors or by other copyright holders. All persons copying this information are expected to adhere to the terms and constraints invoked by each author’s copyright. In most cases, these works may not be reposted without the explicit permission of the copyright holder."
(9.v.) Classroom Use. Instructors are free to post their own Leader-copyrighted papers on their institution’s servers, provided that appropriate copyright, credit, and reuse notices appear prominently with the posted material. Other electronic distribution of Leader-copyrighted works on university servers may be done only with prior written permission from Leader.
(9.vi.) Finality of Work. After Leader accepts the work for publication and the copyright has been transferred, Leader will not allow changes or revisions to the work without further review and approval.
(9.vii.) Linking to Leader. Leader and many affiliated societies provide publication and society information via Internet servers. Links to society servers are encouraged and prior consent is not required.
(9.viii.) Third-Party Rights to Reuse Leader-Copyrighted Material. Licenses and permissions to use electronic versions of Leader-copyrighted material (e.g., abstracts, full text) for commercial or other non-Leader-related purposes may be granted under terms approved by the Leader.
(9.ix.) Junk Fax Policy. The transmission of unsolicited commercial "junk faxes" is illegal under the Federal Telephone Consumer Protection Act www.fcc.gov/ccb/consumer_news/tcpa.html and a number of similar state laws, and Leader understands that receipt of such faxes can impair your use of our Services. Accordingly, Leader intends to use legally available means to prevent distribution and receipt of such junk faxes to our Users and Subscribers. If you believe that you are in receipt of a junk fax, we ask that you take the following steps:
(9.ix.i.) If the junk fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so.
(8.ix.ii) If you are unable to successfully "unsubscribe," please forward the offending fax to email@example.com. We will investigate your complaint, and attempt to prevent any further transmission of junk faxes from the same source. We will let you know results of our inquiry and the actions we have taken to attempt to resolve the problem.
10. SPAM DROP-BOX POLICY. Leader does not permit its Users and Subscribers to use Leader as a "drop-box" for responses to email spam offers. If you believe you are in receipt of email spam that uses a Leader as a fax drop-box for responses, we ask that you take the following steps:
(10.i.) If the email contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional emails, please do so.
(10.ii.) If you are unable to successfully "unsubscribe," please forward the offending email to firstname.lastname@example.org. We will investigate your complaint and determine if the fax number referenced in the spam email is a Leader number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate the Service. We may let you know the results of our inquiry and the actions we have taken to attempt to resolve the problem. We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the Leader experience a positive one for you.
11. INFORMATION COLLECTED AT THE WEBSITE. This is how we handle information we learn about you from your visit to our Site. The information we receive depends on what you do when you visit our site.
If you visit our site to browse, or to read or download information:
We may collect and store the name of the domain and host from which you access the Internet (for example, aol.com or princeton.edu); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and the Internet address of the website from which you linked directly to our site.
We may use this information to measure the number of visitors to the different sections of our Site, and to help us make our Site more useful. Generally, we delete this information after one year.
We may also use one or more outside ad serving companies to display advertisements on the Sites. These advertisements may contain cookies, which will be used by the ad serving company for targeting purposes only. In addition, This is designed to facilitate Customer access to Leader Services. These account management cookies do not enable third parties to access any of your Customer Information.
What is a "Cookie"? A "cookie" is a small text file that a website can place on your computer hard drive in order, for example, to collect information about your activities on the site or to make it possible for you to use an online "shopping cart" to keep track of items you wish to purchase. The cookie transmits this information back to the website´s computer which, generally speaking, is the only computer that can read it. Most consumers do not know that "cookies" are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to warn you when a website attempts to place a "cookie" on your computer.
If you choose to identify yourself by sending us an email or when using our secure online forms:
We use personally identifying information from Customers in various ways to further participate in consumer protection and fair competition activities. We may collect this information under compliance with the authority of the Federal Trade Commission Act and other laws. We may enter the information you send into our database to make it available to our attorneys and investigators involved in security investigations and in assisting law enforcement. We also may share it with a wide variety of other government agencies enforcing consumer protection, competition, and other laws. If you contact us because you have been the victim of identity theft http://www.ftc.gov/bcp/edu/microsites/idtheft/, we also may share some information you provide with certain private entities, such as credit bureaus and any companies you may have complained about, if we believe that doing so might help resolve identify theft-related problems. In addition, when you submit a complaint, the FTC or any of the agencies or private entities to whom your complaint has been referred may contact you.
If you contact us to subscribe, we will use your information only to fulfill your subscription or to contact you about your subscription.
In other limited circumstances, including requests from governmental agencies requests from private individuals, or in accordance with our rules, we may be required by law to disclose the information you submit. If you use one of our online forms, the information you provide is up to you. If you don´t provide your name or other information, it may be impossible for us to refer, respond to, or investigate your complaint or request.
If you want to get information about you that may be in public records:
The Freedom of Information Act and the Privacy Act of 1974 provide you certain rights to get information about you that is in governmental records. To learn more about the circumstances under which you can get and correct this information, visit our Freedom of Information Act Home Page http://www.usdoj.gov/oip/index.html.
Here´s what you should know about the security of the information you provide to us:
We use Secure Socket Layer (SSL) encryption to protect the transmission of information you submit to us when you use our secure online forms. All the information you provide us through these forms is stored securely off-line.
If you send us an email, you should know that email is not necessarily secure against interception. So, if your communication includes sensitive information like your bank account, charge card, social security number, username, password, and PINs and you prefer not to use one of our secure online complaint forms, contact us by postal mail or telephone rather than email.
Here´s how to contact the Federal Trade Commission about fraud:
12. INDEMNITY. You will indemnify and hold Leader, its affiliates, subsidiaries, directors, advisors, consultants, officers and employees, harmless, including costs and attorneys´ fees, from (i) any claims of liability or responsibility for any use or misuse of the Services as selected or as applied by you, (ii) any claim or demand made by any third party due to or arising out of your access to the Sites, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your Leader User ID and Password, of any intellectual property or other right of any person or entity.
13. LIMITATION OF LIABILITY. LEADER SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS.
14. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Leader shall not be liable for any failure to perform its obligations hereunder, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
15. SEVERABILITY. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force, in effect, and enforceable.
16. NON ASSIGNABILITY. This Agreement is not assignable, transferable or sub-licensable by Subscriber except the prior written consent of Leader.
17. GOVERNING LAW, JURISDICATION & VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to the conflict of law provisions thereof. Jurisdiction and venue over any dispute concerning this Agreement shall be in the city of Columbus, Franklin County, Ohio and if applicable the United States District Court for the Southern District of Ohio in Columbus, Ohio.
18. EXCLUSIVE AGREEMENT. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
19. NO AGENCY. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Leader in any respect whatsoever.
SMS TERMS & CONDITIONS
Participant Opt-Out or Help: To opt out of future messages from Leader Alert at any time, text STOP to 29967 or reply STOP to any text message, text HELP to 29967 or email email@example.com
Costs: Msg&Data rates may apply by your wireless carrier for each message you send or receive, in accordance with the terms of your cellular subscription plan. Other carrier-specific rates may apply, depending on your individual wireless pricing plan, in accordance with your wireless customer agreement. You are responsible for all applicable taxes. Consult your wireless service provider regarding their pricing plans. Other charges may apply.
Participating Wireless Carriers: Alltel, AT&T, Boost, Cellular One, Nextel, Sprint, T-Mobile, Verizon Wireless, and Virgin Mobile USA.
Last Updated: January 18, 2013
If you have questions, contact (877) 278-6117 or firstname.lastname@example.org