Leads2Listing.com Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves, and “Website” refers to the sales website for the Company. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
If you create a site, or sites, on the Website, you are responsible for maintaining the security of your account and site(s), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Leads2Listing may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Leads2Listing liability. You must immediately notify Leads2Listing of any unauthorized uses of your site, your account or any other breaches of security. Leads2Listing will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Access to your Leads2Listing site is dependent on the continued successful operation of the Company. Should the Company close, at any time for any reason, lifetime access users will have access to their account for an additional six (6) months after the date of closing. Month-to-month users’ accounts will be terminated immediately. All users will be notified via email of any such closing thirty (30) days prior to the event.
If you create an account on Leads2Listing.com, operate a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
-the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
-if your employer/broker has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any images, or (ii) secured from your employer/broker a waiver as to all rights in or to the Content;
-you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
-the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
-the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
-the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
-your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
-your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
-you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Leads2Listing or otherwise.
We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Client information including, but not limited to, contact and billing are regarded as confidential and therefore will not be divulged to any third party, other than our employees and associates or, if legally required to do so, to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
All right, title, interest and ownership and intellectual property rights in and to the Leads2Listing.com site, including but not limited to its “look and feel” (e.g. text, graphics, images, logos, buttons, icons, and the placement and layout thereof), images video, audio, data, content, functionality, software (including hmtl-based computer programming) and other media, material or information, other than your content, are and will remain the property of Leads2Listing, LLC and its software or content suppliers. Any attempt to copy, duplicate, disseminate, replicate, distribute, mimic, or any action that could be perceived as such, is a direct violation of this Agreement and will be grounds for immediate termination of your subscription. Leads2Listing reserves the right to take legal action against any user in attempt of such.
Subject to the Terms and Conditions of this Agreement, Leads2Listing.com grants you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the services that are subject to a valid Subscription.
You acknowledge that any ideas, suggestions, concepts, processes, or techniques which you provide to Leads2Listing related to the services, the site or Leads2Listing or its business (“Feedback”) shall become Leads2Listing’s property without any compensation or other consideration payable to you by Leads2Listing, and you do so of your own free will and volition. Leads2Listing may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Leads2Listing may decide into the site, its software, services, documentation, business or other products, or any future version or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Leads2Listing in any Feedback and, as applicable, waive any moral rights.
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
-excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
-excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
New Leads2Listing users are granted a 14 day free trial. These 14 days are accumulative and consecutive and cannot be extended without written authorization from Leads2Listing. Should you cancel your Leads2Listing account at any time, and sign up for a new Leads2Listing account less than 120 days later, the previous free trial days will be counted and deducted from the new account trial. No exceptions.
Leads2Listing proudly accepts Visa, MasterCard, American Express, and Discover cards. By selecting a paid service, you agree to pay Leads2Listing the monthly fees, or yearly fee, as indicated for the plan of your choice and service. After your 14 day Free Trial, payments will be automatically charged according to the plan you have chosen. Members whose on-file credit cards are declined will not be notified. Instead, Leads2Listing will make 3 attempts to collect the payment owed. If such attempts fail, your site will be suspended and Leads2Listing will request that you update your billing, allowing a 5 days grace period in order for the account to be brought current. Failure to update billing information will result in the suspension of your Automatic Reoccurring Payment schedule, a suspended site, and is subject to a $15 reactivation fee.
Unless you notify Leads2Listing no later than 3 days before the end of the applicable subscription period, including the trial period, that you want to cancel a site, your site subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such site (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Leads2Listing may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement and your Leads2Listing website, you must contact Support@Leads2Listing.com and submit your request in writing. Notwithstanding the foregoing, such account can only be terminated without notice by Leads2Listing if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Leads2Listing’s notice to you thereof; provided that, Leads2Listing can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Fees are not refunded after the first thirty (30) days of use of Website beginning on the day of your subscription registration. This applies to all subscription types, plans, and amounts. In the event a refund is requested after the 30 day period, refunds are only granted when a user can show to Company the site was created fraudulently, is defective, is unusable, is unsuccessful, and/or all marketing efforts were ineffective at gaining Leads for a period exceeding 14 business days. Upon a refund request, Client will be required to provide proof of zero (0) leads gained, including incomplete and complete submissions, proof of fraudulent activity, or any other material to support a refund claim. Leads2Listing will review the account history including, but not limited to, site creation date, site modifications, leads gained, email subscription history, and IP address in order to verify the refund claim. Refunds for non-use, user requested cancellation, termination of this Agreement, forgetfulness (e.g. “forgot the account existed”), and/or general dissatisfaction or dislike are not granted. Approved refunds are applied only to the credit card on file with Leads2Listing in the form of an electronic funds transfer from our banking institution to the institution associated with the card on file and may take up to 7-10 business days to complete. Pro-rated refunds for non month-to-month plans are not granted.
Leads2Listing reserves the right, at its sole discretion, to modify or replace any part of this Agreement, at any time without notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Leads2Listing may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Unless otherwise stated, the services featured on this website are only available within the United States and Canada. All advertising is intended solely for the United States and Canada market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
You may create a link to any page of the website associated with your account without our prior written consent. However, if you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United States. The brand names and specific services of this Company featured on this web site are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered at 910 Fruit Ave. NW Albuquerque, NM 87102, USA and can be reached by phone at 505-980-9128.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
You agree, that under no legal theory, shall Leads2Listing or its affiliates, contractors, employees, or agents, be liable to or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, fascilities or services arising from or relating tot his agreement or your use of your inability to use the site, or for any damages arising from or related to this agreement or any subscription.
The foregoing limitations shall also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than Leads2Listing and received by you through or advertised on the site or received by you on any third party sites. You also agree that Leads2Listing will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on your site.
The laws of the United States and the State of New Mexico govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
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