Terms of Service - Creating Business Engagement Opportunities

Last updated: September 13, 2018
LeadLaunch ("us", "we", or "our", "LeadLaunch.io") operates the website https://new.leadlaunch.io website known as (the "Service") is owned and operated by Adam Vine.

Account Terms

THE FOLLOWING DOCUMENT OUTLINES THE TERMS OF USE OF LEADLAUNCH.IO WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE OR USE OF THE SERVICES. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE.

THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN ADAM VINE DBA LEADLAUNCH AKA LEADLAUNCH.IO ("LEADLAUNCH") AND YOU AND IT GOVERNS YOUR USE OF THE SERVICES (THE "SERVICES") OFFERED THROUGH WWW.LEADLAUNCH.IO (THE “WEBSITE”). IF YOU ACCESS OR USE THE WEBSITE OR SERVICES, YOU ARE ACCEPTING TO DO SO ON THE TERMS OF THIS AGREEMENT. IMPORTANT NOTE: THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES SO YOU SHOULD READ IT CAREFULLY BEFORE USING THE SERVICES. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. YOU AGREE WITH THESE TERMS OF SERVICE AS A PART OF YOUR SEPARATE ONLINE SIGNED AGREEMENT. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. BEFORE USING ANY OF THE LEADLAUNCH.IO SERVICES, YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE WITH THESE TERMS.

THE FOLLOWING ARE THE TERMS AND CONDITIONS OF USE FOR ACCESS TO THIS WEBSITE AND USE OF ITS SERVICES. BY REGISTERING AND/OR COMPLETING ANY INFORMATION ON LEADLAUNCH'S WEBSITE, OR BY ACCEPTING ANY SERVICES FROM LEADLAUNCH, YOU ACCEPT THESE TERMS AND CONDITIONS OF USE. BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.

BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.

Terms and Conditions

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. You must complete the registration form on the LeadLaunch sign up page in order to use its Services. You shall provide true, accurate, current, and complete information about yourself as requested on the registration form. You may from time to time provide LeadLaunch's service personnel with remote access to your accounts and other systems for the purpose of troubleshooting issues that arise in your use of the Services. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by LeadLaunch or its personnel.

1. You must be 18 years of age or older to use LeadLaunch.
2. We reserve the right to terminate your use of the Services upon the discovery that the information you provided is not complete, inaccurate or purposefully exaggerated, manipulated or grossly falsely stated.
3. You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of LeadLaunch.
4. LeadLaunch may modify, suspend or discontinue this service at any time, for any reason, at its sole discretion.
5. LeadLaunch reserves the right to refuse service to anyone for any reason at any time.

Description of Services

LeadLaunch is a Service that provides businesses:
◦ A targeted list of individuals that fall within their (your) Ideal Customer Profile
◦ Your list includes prospects first/last name, title, company, website, and email among various additional fields.
◦ Email verified – where we can. Although we take additional steps to verify your prospects email, we can't
guarantee email will be correct.
◦ Custom written emails personally tailored for your campaign
◦ Sequence of numerous emails (depending on your chosen package) is created to deliver your personal message to specific prospect in a one-to-one manner.
◦ Emails delivered to prospect are designed to elicit a favorable reply rate as prospect has been pre-selected based on his/her meeting your Ideal Customer Profile (ICP), mentioning mutual LinkedIn connections you and your prospect are affiliated with and a best-of-breed B2B email written to solicit a reply from your prospects.
◦ Replied emails will auto forward to you. It is your responsibility to follow up with prospect.
To summarize: LeadLaunch aims to provide businesses with interested prospects for their product/service. We accomplish this task through the use of online email marketing tactics. We use social media access points, 3rd party software vendors and best of breed practices within the b2b email sphere.

Third-Party Services

Certain services available may include materials from third parties. LeadLaunch may provide links to third-party websites as a convenience to you. You agree that LeadLaunch is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that LeadLaunch is not in any way responsible for any such use by you.

Subscription, Payment, and Cancellation/Termination Terms

1. Subscriptions, Service Period and Renewals
Payment for Services will be made by a valid credit card or other payment mechanisms we have on record for you. The Service is billed in advance on a monthly basis. Unless otherwise specified on the Website, Services are purchased on a monthly subscription basis. As part of your ongoing monthly subscription Service, you agree and authorize LeadLaunch to charge your credit card or other payment mechanism we have on record for you for payment of Services in advance on a monthly basis in the amount you specified according to the plan you chose on LeadLaunch.io Website or agreed upon via email and/or verbally over the phone when you initiated services. You agree to authorize LeadLaunch to automatically charge your credit card for continued Services every 30 days after the initial charge.

2. Termination By You
You are solely responsible for properly canceling your account. You may cancel your account at any time by simply emailing us at cancellation@new.leadlaunch.io. There is no cancellation fee. There will be no refund if you cancel the Service before the end of your current/most recently paid month and you will not be charged or billed thereafter. Upon termination of your account, your right to use the Services will immediately cease. Any and all email copy and campaigns designated to be delivered will immediately cease. Upon confirmed cancellation or termination of Services, all your content, data, documents, files, images, etc can be immediately deleted from the Service. Once your account is canceled, your content cannot be recovered.

3. Service Suspension or Termination
If LeadLaunch is for any reason unable to effect automatic payment via your credit card, LeadLaunch will attempt to notify you via email. Your Services may be disabled until payment is received. Amounts paid for the Services, including prepayments, are non-refundable.

4. Non-payment and Change of payment
LeadLaunch reserves the right to terminate or suspend your account for non-payment of Services. LeadLaunch reserves the right to change service fees upon 30 days notice. Such notice may be provided at any time by posting the changes to the LeadLaunch (www.leadlaunch.io) website or through email.

5. Taxes
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Intellectual Property Rights

LeadLaunch, LeadLaunch.io, and other company graphics, logos, designs, copy text, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of LeadLaunch. LeadLaunch's intellectual property may not be used in connection with any product or service without the prior written consent of LeadLaunch.

Email Representations and Warranties

You hereby represent, warrant and agree that:
1. You are the sole or designated "sender" as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act (collectively, the CAN-SPAM Act) of any email message sent by you using the Services, and all messages you send using the Services will comply with all requirements of the CAN-SPAM Act.
2. The Services will not be used for the sending of unsolicited bulk email (sometimes called "spam") in violation of the CAN-SPAM Act or other applicable law.
3. The Services will only be used for lawful purposes.
4. You will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Services.
5. You acknowledge and agree that not all email messages sent through use of the Services will be received by their intended recipients.
6. The "from" line of any email message sent by you using the Services will accurately and in a non-deceptive manner identify your organization, your product or your service.
7. The "subject" line of any email message sent by you using the Services will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
8. You will include in any email message sent by you using the Services your valid physical address, if required by law, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
9. In your use of the Services, you will represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious.
10. If you are accessing or using the Services through a third party service, you will abide by this Agreement regardless of anything to the contrary in your agreement with such third party. You shall not use such third party service to avoid the restrictions set forth in this Agreement.
11. Without limiting the foregoing, you agree that you shall not utilize the Services to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.
12. You understand that emails sent using the Services may generate spam complaints from recipients. You are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this agreement.
13. You are responsible for all content (including email content) that is sent on your behalf that occurs under your account and under other accounts that are created on LeadLaunch.

Your Information; Confidentiality, Privacy

LeadLaunch is committed to respecting your privacy and the confidentiality of your personal data. In using the varied features of the Services, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to LeadLaunch. LeadLaunch may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or communicate separately with you. If you accessed the Services as a result of solicitation by a marketing partner, associate, independent contractor or employee ('agent') of LeadLaunch, LeadLaunch may share your information with said agent and said agent may share related information with LeadLaunch.

LeadLaunch employs trusted third parties to help manage and improve their Website and Services. Some of the roles they fulfill may include hosting, data storage, maintenance of the Website and marketing. These third parties may have limited access to databases of subscriber information solely for the purpose of carrying out their functions and they will be subject to contractual restrictions prohibiting them from using the information about LeadLaunch subscribers for any other purpose.

Except as described above, LeadLaunch will not provide your information, including your contact and account information, to third parties whom you have not authorized to receive such information, except (i) as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or (ii) if your LeadLaunch account was terminated due to unsolicited commercial email being sent from your LeadLaunch account. LeadLaunch will never sell or rent your contact lists to anyone without your permission, and will never utilize your subscriber or contact list for internal marketing or promotional purposes or for any purpose other than providing the service. For more information, see our Privacy Policy.

Release and Indemnity

You hereby agree to indemnify and hold harmless LeadLaunch and its affiliated and associated companies, and their owners, respective directors, business partners, third-party suppliers and providers, officers, employees, agents, representatives, independent and dependent contractors, licensees, licensors, distributors, successors, agents and assigns of, from and against any and all actions, losses, expenses, causes of action, suits, proceedings, liability, debts, judgments, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or (ii) arising from the content or effects of any messages you distribute or events you host using the Services or, (iii) any material or immaterial violation of any rights, title or interests of any and all parties claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

In addition, you acknowledge and agree that LeadLaunch has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In addition, in the event that LeadLaunch is required to respond to a third party or law enforcement subpoena that is related to your use of the Services, LeadLaunch may in its sole discretion require you to reimburse LeadLaunch for its reasonable expenses associated with complying with such subpoena.

Limitation of Liability

In no event shall LeadLaunch be liable to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the Website, the Service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, LEADLAUNCH, LEADLAUNCH.IO, ADAM VINE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, INDEPENDENT CONTRACTORS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "LEADLAUNCH PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY (i) MATTER BEYOND THE LEADLAUNCH PARTIES' REASONABLE CONTROL, OR (ii) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (iii) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, EVEN IF LEADLAUNCH SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

LEADLAUNCH AND ITS PARTIES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MEET YOUR REQUIREMENTS; NOR DOES IT MAKE ANY WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE WEBSITE, THE SERVICES, YOUR CUSTOMER INFORMATION OR OTHER CONTENT OF THE WEBSITE AND PRODUCTS OR RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT ERRORS WILL BE CORRECTED. THE SERVICES ARE PROVIDED "AS IS" AND LEADLAUNCH, ITS PARTIES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE LIABILITY, SHALL BE (i) FOR LEADLAUNCH TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES AND (ii) YOUR ABILITY TO TERMINATE YOUR SERVICE VIA EMAIL OR WRITTEN CORRESPONDENCE OF WHICH UPON RECEIPT, LEADLAUNCH AGREES TO TERMINATE SAID SERVICES EFFECTIVE IMMEDIATELY.

Monitoring Communications

You understand, agree and acknowledge that LeadLaunch may in its discretion, but is not obligated to, monitor or record any of your telephone conversations with LeadLaunch for quality control purposes, for purposes of training its employees and for its own protection. You acknowledge and understand that not all telephone lines or calls are recorded by LeadLaunch, and LeadLaunch does not guarantee that recordings of any particular telephone calls will be retained or capable of being retrieved.

Compliance with Laws: Monitoring

You shall use the Services only in compliance with this Agreement, the CAN-SPAM Act and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation;post or transmit any materials that violate any applicable local law; use the service for any fraudulent or inappropriate purpose.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by LeadLaunch of that third party or of any product or service provided by a third party.

Miscellaneous

Once paid for, you own leads and email copy provided to you from LeadLaunch as part of its Services. You are able to use your email copy for your own personal uses at anytime without restriction.

LeadLaunch makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to or from this site.

LeadLaunch does not sell qualified leads, nor guarantee minimum, maximum, or quality of leads as these are subjective to interpretation. You understand and agree that we do not guarantee results, replies, or otherwise. We do guarantee we will facilitate the work outlined in your signed proposal. If however, you are unhappy with Services, email LeadLaunch immediately that we may seek to rectify your concerns and promptly change our course of action for better results.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the LeadLaunch Services hereunder and herewithin, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

LeadLaunch and you 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 waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind LeadLaunch in any respect whatsoever.

LeadLaunch may use contractors and other third party service providers in providing the Services.

Contact

If you have any questions regarding this policy, or your dealings with our website, please contact us here:

LeadLaunch 2010 W. Ave. K, Suite 208
Los Angeles, CA 93536
661-200-0207
terms@new.leadlaunch.io