Please take the time to review this Policy and, if our Policy or procedures change, we will immediately post those changes to our website and any such changes will be effective immediately upon being posted, unless otherwise stated in the change. Any changes that may be made to this Policy will comply with Leadlog's commitment to respect your privacy and protect your information.
(a) Information You Provide to Us. We collect any information you enter on Leadlog's site, or that you give Leadlog in any other way. For example, to set up an account, you may be required to provide a login name, a corresponding password, your name and billing address ("Personal Information"). We capture your credit card information that you provide to Leadlog so that you can open an account, but Leadlog does not store that information. You can choose not to provide certain personally identifiable information, but you may not be able to take advantage of Leadlog's services and features. Any information that you, or any person with access to your login and password, uploads into Leadlog remains your sole and exclusive property including, without limitation, any files, contact information, industry knowledge, or financial information.
(b) Automatic Information. When you visit a website, you disclose certain information, such as your Internet Protocol (IP) address and the time of your visit. This site, like many other sites, records this basic information about visits to our site. In order to ensure we can increase your user experience, we may also record the manner in which you access information on the site.
The information Leadlog collects is used for administering our business activities. Leadlog employees must adhere to this Policy if they access your Personal Information. Primarily, the Personal Information is used to provide customer service and to increase your user experience. In addition, Leadlog may occasionally use the Personal Information to notify you about changes to our website, new services or special offers.
In the event Leadlog needs to disclose Personal Information to any independent contractors or vendors in order to provide our services, any such independent contractor or vendor is required to follow this Policy and keep all of your Personal Information confidential.
(a) Third Party Access. The privacy and protection of your information is important to Leadlog. Unless otherwise authorized in this Policy, Leadlog will not make any Personal Information available to third parties without your permission.
(b) Password Protection. Your access to some services and content is password protected. We advise that you do not disclose your password to anyone. In addition, we recommend that you sign out of password-protected services at the end of your session. It is your responsibility to keep your login name and password confidential.
(c) Secure Connection. Leadlog uses a secure, encrypted connection with a current certificate ("SSL Connection") for all pages where you transmit personal data including, without limitation, the Personal Information. All data that is uploaded or downloaded from the website will be done over the SSL Connection.
(d) Servers. Leadlog stores your data in its servers, which are located at two different centers that are both staffed around the clock. Your data is replicated in both centers in real-time, which ensures that your data is constantly backed up and protected.
(e) Internal Protections. In addition to our security software and secure data centers used to protect the confidentiality of your information, our business practices are reviewed periodically for compliance with policies and procedures governing the security and confidentiality of our information. Our business practices limit employee access to confidential information (including the Personal Information), and limit the use and disclosure of such information to authorized persons. In the event you contact any Leadlog employee and you are asked to disclose Personal Information, such Personal Information will only be used to address your inquiry and will not be recorded or used for any other purpose without your permission. Please note, Leadlog will never contact you through an unsolicited phone call, email or letter to request any personally identifiable information. Please contact Leadlog immediately if you receive any such inquiry.
You can request access to all of your personally identifiable information by sending an email to: email@example.com. Please keep in mind, it is your responsibility to ensure that all of your Personal Information is kept up to date with Leadlog.6. Email Policies.
(a) Spamming. Leadlog does not permit spamming by our users. Please contact us if you would like to report any incident of spamming and, in its discretion, Leadlog will investigate the matter. Please keep in mind that Leadlog has limited influence over the online or offline activities of our account holders or other third parties, particularly with respect to their use of newsgroups or forums. While you should report any complaints to give Leadlog the opportunity to investigate, we will not provide information to third parties about our account holders (unless we receive their permission or we are required to do so by law) and we encourage people to resolve disputes with each other directly.
(b) Advertisements. Occasionally, Leadlog may advertise its services, special offers, or changes to the website through email. In addition, you will be notified of any scheduled maintenance that may result in an interruption of the service. On every email you receive from Leadlog, you will have the opportunity to "unsubscribe" from Leadlog mailing list. Any emails generated by Leadlog will comply with the CAN-SPAM Act of 2003, as may be amended from time to time.7. Consent.
By using Leadlog's website, you consent to the collection and use of your information, including the Personal Information, as described in this Policy. It is your choice whether to be an account holder of Leadlog and you are free to remove yourself at any time, subject to the Leadlog Terms of Service.8. Effective Date.
You can write to LeadLog, LLC at:
1200 S. Rogers Circle #13 2nd Floor
Boca Raton, FL 33487
THIS LICENSE AGREEMENT FOR LEADLOG, LLC DASHBOARD LEAD MANAGEMENT SYSTEM ("Agreement") is a legal agreement between the person or entity who is registering for access to use the Product (as hereafter defined) ("You", "Your", or "Licensee") and LeadLog, LLC ("Licensor"). By clicking the acceptance button or accessing the Product through our website, You are agreeing to be bound by this Agreement and You are agreeing that you are not a competitor of Licensor, or a former or current employee, director, officer, manager or member of a competitor of Licensor. If You do not agree to all the terms of this Agreement, Licensor is unwilling to grant You access to or use of this Product. In such event, do not click the acceptance button or access or use the Product.
A. Licensor has created a service that tracks and manages client leads over the internet, the dashboard lead management system ("Product").
B. Licensee desires to use the Product, and Licensor desires to grant to Licensee the right to use the same, all subject to and in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee hereby agree as follows:
1. License. Subject to all of the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferrable right to remotely access and use the Product for business purposes only ("License").
Without limiting the other terms, conditions and restrictions contained elsewhere in this Agreement, the use by Licensee of the Product granted pursuant to this Section 1 shall be subject to the following terms, conditions, and restrictions:
(a) Licensee shall not decompile, reverse engineer, copy, duplicate, reproduce, distribute, sell or otherwise transfer the Product in any form or medium, or permit any other officer, director, shareholder, employee, agent, member, manager, partner or contractor of Licensee or any Licensee Affiliate to do so. The Product is and shall remain the sole and exclusive intellectual, proprietary and confidential property of Licensor, and Licensee acquires no right, title or interest therein except for the License granted to Licensee pursuant to this Agreement.
(b) In order to access the Product, Licensee will be required to register with Licensor (an "Account") and will provide a unique user name and password for each such Account ("Account Access Information") chosen by the Licensee. Licensee shall not permit or allow other persons or entities to have access to or use any Account Access Information to access or use the Product, without the prior written consent of Licensor. Licensor shall have no liability for any loss, claim, damages or other liability whatsoever that may arise from the use of any Account Access Information.
(c) Licensor does not guarantee the security of information transmitted in using the Product or stored by Licensor and shall not be liable to Licensee or any other person or entity in any way for any compromise of the security or loss of such information. Licensor reserves the right to record all user interactions relating to the Account.
(d) Licensee shall provide at its own expense all hardware, Internet service and other items necessary for the access and use of the Product. Access and use of the Product shall be free for the initial thirty (30) days after Licensee creates the Account ("Free Trial"). Access to the Product shall be free of charge only until the Licensee's Account is at the end of its Free Trial or is ended prematurily at will by the Licensor, at which point the Licensee will pay a nominal monthly subscription fee which will be listed on the website or listed in the Licensee's Account.
(e) Licensee is solely responsible for all data uploaded into the Product ("Licensee's Content") and all activity that occurs under Licensee's Accounts. In connection with the foregoing, Licensee shall retain ownership of Licensee's Content. Licensee shall not use the Product for any illegal or unauthorized purposes. Licensor may, but has no obligation to, remove Licensee Content and Accounts containing Licensee Content that Licensor determines in its sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property, this Agreement, or applicable law.
(f) Licensee acknowledges and agrees that Licensor shall not have any retention obligations with respect to Licensee's Content, and Licensor, in its sole and absolute discretion and without notice, may remove the Licensee Content. When the Account is cancelled, Licensor may retain the Licensee Content for a specified period of time before it is permanently deleted. Please contact LeadLog regarding such time frame upon cancellation. At all times, Licensor shall use reasonable efforts to protect the Licensee Content, subject to the provisions of Section 4.
(g) Licensor may, in its sole discretion, disable any Account or limit bandwidth usage or storage capacity. Licensor may change, revise, modify or delete or discontinue (either permanently or temporarily) the functionality or scope of the Product, or revoke the License, at any time, in its sole discretion, and without notice.
(h) Licensee agrees to report to Licensor any errors or defects encountered with the Product using the "Feedback" feature in the Product.
(i) Licensor may change, revise, modify, delete or discontinue (either permanently or temporarily) the functionality or scope of the Product at any time, in its sole and absolute discretion, and without notice.
(j) Licensor has the right, but not the obligation, to monitor access to the Account and, without limiting any remedies that it may have hereunder or at law, Licensor may deny access to Licensee if Licensee violates the terms and conditions set forth in this Agreement.
2. Restrictions on Certain Registration Activity. Licensee shall not apply to, or aid or abet others to apply to, copyright or otherwise register in the United States or in any other foreign country the Product, or anything derived from the Product, or any variation of the Product, alone or in combination, nor shall Licensee contest Licensor's rights in and to the Product. If Licensor desires to seek additional protection in connection with the Product, Licensee shall supply to Licensor (at Licensor's expense) all materials that Licensor may request for such purposes and Licensee shall also fully cooperate with Licensor in connection with any such applications for the Product's protection.
3. Infringement. Licensee shall immediately notify Licensor of the receipt of any claim that Licensee's use of the Product violates the rights of any third party and shall thereafter defend, indemnify and hold the Licensor Indemnified Parties (as hereafter defined) harmless from and against any and all such claims subject to and in accordance with the terms and conditions of Section 8 hereof. Licensee shall immediately notify Licensor if it becomes aware of any infringement of the Product.
4. Disclaimer of Warranties. Licensor agrees to use reasonable efforts to correct errors in the Product within a reasonable time. Licensee understands that the Product is a beta product constantly under development in order to allow Licensor to modify or improve the Product. LICENSOR DOES NOT GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY IMPACT OF USE OF THE Product ON LICENSEE'S EXISTING BUSINESS, PRODUCTION, OR OTHER ENVIRONMENT OR ON COMPUTER PERFORMANCE. LICENSEE AGREES THAT THE Product AND ANY SUPPORT IS BEING PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR LOSS, CLAIM, DAMAGES OR OTHER LIABILITY, DIRECT OR INDIRECT, OF ANY DESCRIPTION OR EXPENSES, INCLUDING WITHOUT LIMITATION TIME, MONEY, GOODWILL AND CONSEQUENTIAL DAMAGES, INCURRED BY LICENSEE IN CONNECTION WITH THE USE OF THE Product. LICENSEE'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THIS AGREEMENT BY WRITTEN NOTICE TO LICENSOR. IN ANY EVENT, UNLESS OTHERWISE CONTRARY TO APPLICABLE LAW, LICENSOR'S LIABILITY HEREUNDER SHALL NOT EXCEED THE TOTAL SUM OF ALL AMOUNTS PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THE USE, RESULTS OR PERFORMANCE OF THE Product, THAT THE Product WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVERS THAT MAKE THE Product AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. Confidentiality. Licensee agrees that the Product contains proprietary information of Licensor ("Confidential Information"), and Licensee agrees that it will not disclose the Confidential Information or any information gained from its use of the Product to any third party without the prior written consent of Licensor. Licensee shall take reasonable efforts to keep in confidence, and not to disclose to any third party or use for the benefit of any party other than Licensee, the Confidential Information. Notwithstanding the foregoing, in the event that Licensee is required by a valid order by a court or other governmental body to disclose Confidential Information, Licensee may disclose such Confidential information provided that Licensee first gives Licensor prompt notice thereof in order to enable Licensee to have the opportunity to seek protection from such order of disclosure.
6. Covenant Not to Compete. Licensee acknowledges and agrees that Licensor wishes to protect its Confidential Information, which constitutes valuable trade secrets and proprietary information, and other valuable confidential business and professional information that may not otherwise qualify as a trade secret pursuant to Section 688.002(4) of the Florida Statutes. In consideration of the terms of this Agreement and the License and in order to protect Licensee's business interests and the development of the Product, Licensee agrees that, during the term of this Agreement and the License, and for a period of one (1) year following the termination of this Agreement: (a) Licensee shall not directly or indirectly participate in the ownership, management, financing or control of, or act as a developer, consultant, or employee to, or furnish services, programs or advice to, any person or entity that competes directly or indirectly with Licensor, its business and the Product; and (b) Licensee shall not use or disclose the Confidential Information in any manner that is directly competitive with Licensor and the Product. Licensee expressly acknowledges and agrees that any violation of this Section 6 would necessarily jeopardize Licensor's Confidential Information.
7. Remedy for Unauthorized Use of Intellectual Property. Licensee hereby acknowledges that Licensor has no adequate remedy under this Agreement or at law in the event that Licensee uses the Product and the intellectual property associated therewith, including without limitation the Confidential Information, in a manner not authorized by this Agreement and that Licensor would, in such circumstances, be entitled to injunctive or other equitable relief, including interlocutory and preliminary injunctive relief. Licensee also acknowledges that Licensor's rights and remedies under this Agreement and under the law are intended to be cumulative, and not mutually exclusive.
8. Indemnification. At its own expense, Licensee hereby agrees to and shall indemnify, defend and hold harmless Licensor, his affiliates, successors and assigns, employees, agents and other persons ("Licensor Indemnified Parties") from and against any and all claims, demands, causes of action, suits, judgments, losses, liabilities, damages and costs (including reasonable attorneys' fees) ("Indemnified Claim") arising out of, or relating to: (a) any use of the Product by Licensee pursuant to the terms and conditions of this Agreement; (b) any breach of this Agreement by Licensee; and/or (c) misuse of the Product (including any improper data or information input in the Product or file or database created thereby in violation of any law including, without limitation, privacy laws). The applicable Licensor Indemnified Party shall promptly notify Licensee of any Indemnified Claim or notice of Indemnified Claim made which would be subject to this Section 8 and the applicable Licensor Indemnified Party may, at its own expense, seek counsel of its own choice to represent the applicable Licensor Indemnified Party. If Licensee fails to promptly, professionally and diligently defend the applicable Licensor Indemnified Party, the applicable Licensor Indemnified Party may, but shall have no obligation to, assume the conduct of the defense or settle the Indemnified Claim without the Licensee's consent and Licensee shall thereupon be fully responsible for the costs and expenses of the defense and/or settlement, including, without limitation, counsel fees and expenses (including expert fees) and any judgments, settlements and awards incurred by the applicable Licensor Indemnified Party. Anything to the contrary notwithstanding, at its election, the applicable Licensor Indemnified Party shall have the sole control of all such proceedings and settlements, at the expense of Licensee, if: (a) the same would, in the reasonable judgment of the applicable Licensor Indemnified Party, adversely affect the Product or any associated intellectual property; or (b) an adverse result would, in the reasonable judgment of the applicable Licensor Indemnified Party, irreparably damage the applicable Licensor's Indemnified Party goodwill. The provisions of this Section 8 shall survive any termination of this Agreement.
9. Survival. All of Licensee's obligations under this Agreement which are not fully discharged by Licensee during the term of this Agreement shall survive termination of this Agreement. All obligations of Licensee to do, or refrain from doing, acts which by their terms extend beyond the term of the Agreement, shall survive any termination of this Agreement. Without limiting the foregoing, the duties and obligations of Licensee set forth in Sections 5-8 shall remain in full force and effect and shall survive any termination of this Agreement and/or the License.
10. Term and Termination. The License shall become effective upon Licensee's agreement to the provisions of this Agreement and shall remain effective until the termination by either party, at any time and for any reason, without prior notice. Upon termination of this Agreement, all rights granted to Licensee hereunder shall automatically terminate and revert back to Licensor, and Licensee shall cease from using the Product and return all Confidential Information.
11. Notices. All notices required by or given in connection with this Agreement shall be given as follows:
(a) Notices to Licensee shall be deemed given as of the day they are emailed to Licensee or posted on the website. The email address of record for notices and requests in connection with this Agreement shall be deemed to be the email address provided by the Licensee at the time of Account creation. Licensor is not responsible for the deliverability or changes to the email address. Notification of any change to the Licensee's email address is the sole responsibility of the Licensee.
(b) Notices to Licensor shall be made in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt request, and shall be deemed received: (i) if personally delivered, upon the date of delivery to the address of the person to receive such notice; (ii) if mailed in accordance with the provisions of this paragraph, two (2) business days after the date placed in the United States mail; or (iii) if mailed other than in accordance with the provisions of this paragraph or mailed from outside the United States, upon the date of delivery to the address of the person to receive such notice. Notices shall e given at the following address:
LeadLog, LLC 1200 South Rogers Circle, Suite 13 2nd Floor Boca Raton, FL 33487
12. Governing Law and Venue. Notwithstanding the place where this Agreement may be executed by any of the parties hereto, the Parties expressly agree that this Agreement shall be governed by the laws of the State of Florida and/or applicable federal law, as applicable, and that all of the terms and provisions hereof shall be construed under the laws of the State of Florida and/or applicable federal law, as applicable. The proper venue for any claims, causes of action or other proceedings concerning this Agreement shall be in the state and federal courts located in the County of Palm Beach, State of Florida.
13. Entire Agreement and Modification. This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter of this Agreement. No modification, release, discharge or waiver of any provision hereof shall be of any force, effect or value unless in writing and signed by the Parties to this Agreement.
14. Binding Effect. This Agreement and the provisions contained herein shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
15. Attorneys' Fees. In the event of any legal action between Licensor and Licensee arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs of suit.
16. Partial Invalidation. The invalidity in whole or in part of any covenant, promise or undertaking, or any section, subsection, sentence, clause, phrase or words, or of any provision of this Agreement shall not affect the validity of the remaining portions hereof.
17. Further Actions. Each Party agrees to perform any further acts and execute and deliver any further documents reasonably necessary to carry out the provisions of this Agreement.
18. No Waivers. No delay or omission in the exercise of any power, remedy, or right herein provided or otherwise available to any party shall impair or affect the right of such party thereafter to exercise the same. Any extension of time or other indulgence granted to a Party hereunder shall not otherwise alter or affect any power, remedy or right of any other Party, or the obligations of the Party to whom such extension or indulgence is granted except as specifically waived.
19. No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the exclusive benefit of the parties hereto and not for the benefit of any third party, other than the Licensor Indemnified Parties.
20. Severability. Should any part, term, condition or provision of this Agreement be declared or determined by any court or arbitration panel of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law or public policy, the validity of the remaining parts, terms, conditions or provisions shall not be affected thereby, and such invalid, illegal or unenforceable part, term, condition or provision shall be treated as follows: (a) if such part, term, condition or provision is immaterial to this Agreement, then such part, term, condition or provision shall be deemed not to be a part of this Agreement; or (b) if such part, term, condition or provision is material to this Agreement, then the parties shall revise the part, term, condition or provision so as to comply with the applicable law or public policy and to effect the original intent of the parties as closely as possible.
You can cancel your Account (as hereafter defined) at any time and for any reason. To cancel your Account online, go into Account Settings and then into the Billing Area, where you can cancel. Please print out a copy of the page confirming the Account has been cancelled for your records. If you have any issues cancelling your Account, please contact us at 1-800-458-7713 or send a signed letter or email requesting cancellation of your Account to Leadlog at firstname.lastname@example.org. Any email communication regarding the cancellation of an Account must be from the email address on record to complete the cancellation. Please note that allowing a credit card to expire or decline or not submitting payment will not automatically cancel your Account. You will remain responsible for paying the monthly charge until you cancel online or we receive your cancellation notice.
For the first thirty (30) days after you establish an account and supply payment information to Leadlog (the "Account"), you will be entitled to the free use of dashboard. In the event you decide to cancel your Account before the expiration of the thirty 30 day period, you will not be charged by Leadlog and will not incur any fees. Your cancellation will be effective immediately and you will no longer have access to your Account.
In the event you decide to cancel your Account after the expiration of the initial thirty (30) day period, the payment received by Leadlog for the month in which you cancel your Account is non-refundable. For example, if Leadlog receives payment on the first (1st) of the month, and you elect to cancel your Account on the tenth (10th) of the month, you will not receive a refund for the remainder of that month. Amounts paid are not refundable. As such, any cancellations that occur in the middle of a payment term (month, quarter or year, as applicable) will be made effective on the final day of the prepaid term. You will not be charged for any subsequent months. No exceptions will be made to this refund policy.
Yes. Leadlog reserves the right to suspend or cancel any account holder's access to any portion of his/her/its Account or all of Leadlog's services at any time and without notice if Leadlog determines, in its sole and absolute discretion, that the Account has been used improperly or in a manner that violates Leadlog's policies.
Leadlog reserves the right to modify this Account Cancellation & Refund Policy at its discretion and any such revision or change will be binding and effective immediately after posting of the revised Account Cancellation & Refund Policy on Leadlog's website. You agree to periodically review Leadlog's website to review the Cancellation/Refund Policy for any revisions or changes.