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Terms of Service

Last updated July 28, 2024

Hey! Thank you for choosing to be part of our community at TeamVerses Inc doing business as SocLeads (“SocLeads”, “we”, “us”, “our”). Please read this terms of use agreement (the “Terms of Use”) carefully and if you have any questions or concerns about these Terms of Service please contact us at [email protected] .

This website and any other websites of Teamverses Inc. (“SocLeads”), its affiliates or agents (collectively, the “Website”) and the information on it are controlled by SocLeads. These terms of use govern your access to and use of the website and any services provided by SocLeads, its affiliates or agents through the website or on which a link to this terms of use is displayed (each a “service” and collectively, together with the website, the “Services”). By clicking on the “I Accept” button, completing the registration process and/or accessing or using the services, you represent and warrant that you have the right, authority and capacity to enter into these terms of use (on behalf of yourself and, as applicable, the entity that you represent). If the individual entering into these terms of use or otherwise accessing or using the services is doing so on behalf of, or within his or her capacity as a representative, agent or employee of an entity, such individual and such entity agree that: (I) the terms “you” and “your” as used herein apply to such entity and, as applicable, such individual; and (ii) you represent and warrant that the individual entering into these terms of use has the power, right, authority, and capacity to enter into these terms of use on behalf of such entity. If you do not agree to be bound by the terms of use, if you are an individual under the age of 18, you have previously been removed or banned from the services by SocLeads, or your access to or use of the services is illegal or prohibited under applicable law, you may not access or use the services.

‍If you purchase a subscription to the services or any feature of the services (a “Subscription” and each such service a “Subscription Service”), then your subscription will continue for the duration set forth at the time of purchase and will be automatically renewed for additional periods of the same duration as the initial term at SocLeads’s then-current fee for such subscription services unless you decline to renew your subscription in accordance with section 7.2 below.

‍Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you on the Services. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms, which are hereby incorporated by reference, are referred to herein as the “Agreement.”

Please note that the Agreement is subject to change by SocLeads on a going-forward basis in its sole discretion at any time. When changes are made, SocLeads will make a new copy of the modified Terms of Use and any modified Supplemental Terms available on the Services. Any changes to the Agreement will be effective immediately for new users of the Services and will be effective for continuing users upon the earlier of: (i) thirty (30) days after posting notice of such changes on the Services for existing users; (ii) thirty (30) days after dispatch of an e-mail notice of such changes to you; or (iii) you providing consent to the updated Agreement in a specified manner, as applicable. Unless otherwise stated, your continued use of the Services constitutes your acceptance of such change(s). If you do not agree to any change(s) after receiving a notice of such change(s), you may not be permitted to continue using the Services.

1. Overview of the Services
The Services permit users to automate process of scraping leads.
‍1.1 Limited License. Subject to your compliance with the Agreement, SocLeads grants you: (a) permission to access and use the Services solely for your personal use or internal business purposes

‍1.2 Certain Restrictions. By accessing and using the Services, you agree that you will not, and will not permit any third party to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion thereof; (b) frame or utilize framing techniques to enclose any trademark, logo or other portions of the Services (including images, text, page layout or form); (c) use any metatags or other “hidden text” using SocLeads’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law or permitted by the function of the Services; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Services in order to build a similar or competitive website, application or service; (g) copy, reproduce, distribute, republish, download, display, post or transmit, in any form, or by any means (except as expressly stated herein or permitted by the features and functionality of the Services); (h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; or (i) take any action or Make Available any Content (as defined in Section ) on or through the Services that: (I) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (II) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive or profane; (III) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (IV) involves commercial activities and/or sales without SocLeads’s prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes; (V) impersonates any person or entity, including any employee or representative of SocLeads and other users; (VI) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement; or (VII) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services; introducing viruses, worms or similar harmful code into the Services; or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Services. Any future release, update or other addition to the Services shall be subject to the Agreement, unless otherwise stated by SocLeads at the time such release, update or addition is made available to you. SocLeads, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Services terminates the licenses granted by SocLeads pursuant to the Agreement.
2. Registration
2.1 Registering Your Account. In order to access certain features of the Services you may be required to register for an account on the Services (“Account”) or link an account on a social networking service (“SNS”) through which you connect to the Services (each such account, a “Third-Party Account”).

‍2.2 Access Through a SNS. If you access the Services through a SNS as part of the functionality of the Services, you may link your Account with Third-Party Accounts, by allowing SocLeads to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to SocLeads and/or grant SocLeads access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating SocLeads to pay any fees or making SocLeads subject to any usage limitations imposed by such third-party service providers. By granting SocLeads access to any Third-Party Accounts, you understand that SocLeads may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section ) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or SocLeads’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Services. Please note that your relationship with the third party-service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and SocLeads disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. SocLeads makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and SocLeads is not responsible for any SNS Content.

‍2.3 Registration Data. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted in registering your Account or linking your SNS (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify SocLeads immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or SocLeads has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, SocLeads has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree that you shall not have more than one Account registered or SNS linked with the Services at any given time.

‍2.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
3. Content
3.1 Types of Content. You acknowledge that, except as set forth herein, all scripts, files, materials, data, text, audio, video, images or other content (“Content”) uploaded or submitted by a user are the sole responsibility of the party who uploads, posts, transmits or otherwise makes available (“Make Available”) such Content. This means that you, and not SocLeads, are entirely responsible for all Content that you Make Available through the Services (“Your Content”).

‍3.2 No Obligation to Pre-Screen Content. You acknowledge that SocLeads has no obligation to pre-screen Content, although SocLeads reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. Without limiting the foregoing, SocLeads shall have the right to remove, at any time in its sole discretion, any Content that violates the Agreement or is otherwise objectionable.

‍3.3 Content Provided by Other Users. The Services may contain Content provided by other users. SocLeads is not responsible for and does not control such Content. SocLeads has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to user provided Content. You use all such Content and interact with other users at your own risk.

‍3.4 Your Content. SocLeads does not claim ownership of Your Content. When you Make Available Your Content on or in the Services, you represent that you have all necessary right, title, interest and authorization to Make Available Your Content and to grant the rights and licenses granted hereunder in Your Content.

‍3.5 License Grant to SocLeads. Subject to any applicable account settings that you select, you grant SocLeads a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other users.

‍3.6 License Grant to Other Users. By Making Available Your Content to other users of the Services, you grant those users a non-exclusive license to access and use Your Content as permitted by the Agreement and the functionality of the Services.

‍3.7 Access to Your Content. Unless expressly agreed to by SocLeads in writing elsewhere, SocLeads has no obligation to store any of Your Content that you Make Available on the Services. SocLeads has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that SocLeads retains the right to create reasonable limits on SocLeads’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity and similar limits described on the Services and as otherwise determined by SocLeads in its sole discretion.
4. Rights and Ownership
4.1 Generally. SocLeads and its licensors expressly reserve all of their rights, title and interest, including all intellectual property rights, in and to the Services (including but not limited to, any computer code, methods of operation and documentation). SocLeads and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of SocLeads and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Except with respect to Your Content, you agree that you have no right, title or interest in or to any Content that appears on or in the Services except as expressly set forth herein.

‍4.2 Feedback. You agree that submission or provision of any ideas, suggestions, documents and/or proposals to SocLeads related to SocLeads or its products or services (“Feedback”) is at your own risk and that SocLeads has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to SocLeads a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or SocLeads’s business.
5. Investigations
SocLeads may, but is not obligated to, monitor or review the Services and Content at any time. Although SocLeads does not generally monitor user activity occurring in connection with the Services or Content, if SocLeads becomes aware of any possible violations by you of any provision of the Agreement, SocLeads reserves the right to investigate such violations, and SocLeads may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6. Third-party Services
6.1 Third-Party Websites, Applications, Ads, APIs and Services. The Services may contain links and integrations to third-party websites, applications, advertisements, services and application programming interfaces (collectively “Third-Party Services”), and are subject to the terms and conditions (including privacy policies) of each such Third-Party Service. Such Third-Party Services are not under the control of SocLeads, and SocLeads is not responsible for any Third-Party Service. SocLeads provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Services, or their products or services or the functions thereof, including any Third-Party Services for which you build. Your use of the Third-Party Services is at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Service, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Fees and Purchase Terms
7.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You may be required to provide SocLeads with a valid credit card (Visa, MasterCard or any other issuer accepted by us) or PayPal account (“Payment Provider”), as a condition to upgrade from a free Subscription to a paid Subscription. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Agreement to determine your rights and liabilities. By providing SocLeads with your credit card number or PayPal account and associated payment information, you agree that SocLeads is authorized to immediately invoice your Account for all fees and charges due and payable to SocLeads hereunder and that, except as required by applicable law, no additional notice or consent is required. You agree to immediately notify SocLeads of any change in your billing address or the credit card or PayPal account used for payment hereunder. SocLeads reserves the right at any time to change its prices, charge for previously free Services and change its billing methods on a going forward basis, either immediately upon posting on the Services or by e-mail delivery to you. Except as set forth in the Agreement, all fees are non-refundable.

‍7.2 Automatic Renewal. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at SocLeads’s then-current price for such Subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your Subscription prior to the Renewal Commencement Date, by logging into and going to the “Account Settings” page. If you do not wish for your Subscription to renew automatically, or if you want to change or terminate your Subscription, please contact SocLeads at [email protected] . If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period. If you fail to make any payment hereunder when due: (a) you agree to pay all amounts due on your Account upon demand; and/or (b) you agree that SocLeads may either terminate or suspend your Subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).

‍7.3 Taxes. The payments required under Section , above, do not include any Sales Tax that may be due in connection with the Services provided under the Agreement. If SocLeads determines it has a legal obligation to collect a Sales Tax from you in connection with the Agreement, SocLeads shall collect such Sales Tax in addition to the payments required under Section above. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to SocLeads, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify SocLeads for any liability or expense SocLeads may incur in connection with such Sales Taxes. Upon SocLeads’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

‍7.4 Free Trials and Other Promotions. Any free trial or other promotion that provides access to Subscription Services for free for a limited period of time must be used within the specified time of the trial (“Free Trial Period”). NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING THE FREE TRIAL PERIOD IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES. At the end of the trial period, your use of that Subscription Service will expire and any further use of the Subscription Service is prohibited unless you pay the applicable Subscription fee. SocLeads may terminate your ability to access or use a Subscription Service on a free trial or promotion basis at any time and for any reason.

‍7.5 Third Party Service Providers. SocLeads uses Stripe, Inc. (“Stripe”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Your use of the Platform and the payment processing provided by Stripe is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition of using Stripe’s payment processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. SocLeads does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Stripe’s payment processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use access the Services, or have your Account or paid Subscription suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
8. Indemnification
8.1 You agree to indemnify and hold SocLeads, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors (each, a “SocLeads Party” and collectively, the “SocLeads Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) violation of the Agreement; (c) your violation of any rights of another party, including any other users; or (d) your violation of any applicable laws, rules or regulations. SocLeads reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SocLeads in asserting any available defenses. This provision does not require you to indemnify any of the SocLeads Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
9. Disclaimer of Warranties and Conditions
9.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:

  1. YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT THAT IS ACCESSIBLE VIA THE SERVICES, IS AT YOUR SOLE RISK, AND THE SERVICES, INCLUDING ANY CONTENT THAT IS ACCESSIBLE VIA THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS;
  2. SOCLEADS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES;
  3. SOCLEADS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES, INCLUDING ANY CONTENT THAT IS ACCESSIBLE VIA THE SERVICES, WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT THAT IS ACCESSIBLE VIA THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, INCLUDING ANY CONTENT THAT IS ACCESSIBLE VIA THE SERVICES, WILL BE ACCURATE OR RELIABLE;
  4. ‍ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT; AND
  5. ‍NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SOCLEADS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9.2 Beta Services. FROM TIME TO TIME, SOCLEADS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SOCLEADS’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

‍9.3 No Liability for Conduct of Third Parties and Users. YOU ACKNOWLEDGE AND AGREE THAT SOCLEADS PARTIES ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, INCLUDING ANY CONTENT OR THIRD PARTY SERVICES PROVIDED BY SUCH THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT SOCLEADS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES.

‍9.4 Limitations. NOTWITHSTANDING THE FOREGOING, THE SOCLEADS PARTIES DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT UNDER THIS SECTION 9 THAT THE SOCLEADS PARTIES ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
10. Limitation of Liability
10.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SOCLEADS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT SOCLEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SOCLEADS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SOCLEADS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SOCLEADS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

‍10.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL SOCLEADS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO SocLeads by you for the use of the service during the one-month period prior to the act, omission or occurrence giving rise to such liability; and (B) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SOCLEADS PARTY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY A SOCLEADS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SOCLEADS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

‍10.3 Content. EXCEPT FOR SOCLEADS’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN SOCLEADS’S PRIVACY POLICY, SOCLEADS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

‍10.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOCLEADS AND YOU.
11. Procedure for making claims of copyright infringement
It is SocLeads’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to SocLeads by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for SocLeads’s Copyright Agent for notice of claims of copyright infringement is as follows: .
12. Remedies
12.1 Breach. In the event that SocLeads determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the Services, SocLeads reserves the right to, in addition to any rights available to SocLeads hereunder or under applicable law:

  1. Delete any of Your Content provided by you or your agent(s) to the Services;
  2. ‍Discontinue your registration(s) with any of the Services, including any SocLeads community;
  3. Discontinue your subscription to any Services; and/or
  4. ‍Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action.

13. Term and Termination
13.1 Term. The Agreement will remain in full force and effect until terminated in accordance with the Agreement.

‍13.2 Termination of Services by SocLeads. SocLeads may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at SocLeads’s sole discretion, including for any use of the Services in violation of the Agreement. You agree SocLeads shall not be liable to you or any third party for any termination of your Account.

‍13.3 Termination of Services by You. If you want to terminate your Account or the Agreement, you may do so by: (a) notifying SocLeads at any time at: or (b) accessing the “management page” on your Account and selecting “cancel my account”. SUBSCRIPTION SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION .

‍13.4 Effect of Termination. Upon termination of any Service, your Account and right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. SocLeads will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers and limitation of liability.
14. International Users
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that SocLeads intends to announce such Services or Content in your country. The Services are controlled and offered by SocLeads from its facilities in the United States of America. SocLeads makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
16. General Provisions
16.1 Electronic Communications. The communications between you and SocLeads may take place via electronic means, whether you visit the Services or send SocLeads e-mails, or whether SocLeads posts notices on the Services or communicates with you via e-mail. For contractual purposes, you: (a) consent to receive communications from SocLeads in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that SocLeads provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

‍16.2 Release. You hereby release SocLeads Parties and their successors from claims, demands, any and all losses, damages, rights and actions of any kind, including personal injuries, death and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a SocLeads Party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder.

‍16.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without SocLeads’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.

‍16.4 Force Majeure. SocLeads shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

‍16.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

‍16.8 Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

‍16.9 Notice. Where SocLeads requires that you provide an e-mail address, you are responsible for providing SocLeads with your most current e-mail address. In the event that the last e-mail address you provided to SocLeads is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, SocLeads’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to SocLeads at the following e-mail [email protected]: . Such notice shall be deemed given when received by SocLeads by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

‍16.10 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

‍16.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

‍16.12 Export Control. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport or transfer, directly or indirectly, any U.S. technical data acquired from SocLeads, or any products utilizing such data, in violation of the United States export laws or regulations.

‍16.13 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

17. Data Security
SocLeads will maintain an information security program including administrative, physical and technical security policies and procedures with respect to its processing of Raw Data under this Agreement.

17.1.1 Breach Notification. SocLeads will promptly without undue delay notify Customer in the event of an unauthorized access or disclosure of Raw Data. SocLeads will not notify, for or on behalf of Customer (or any Authorized User), any regulatory authority, consumer or other person of unauthorized access or disclosure to Raw Data unless Customer explicitly requests in writing that SocLeads do so.

‍17.1.2 Security Standards. SocLeads will maintain appropriate administrative, physical and technical safeguards. These safeguards will include, but not be limited to, measures designed to prevent unauthorized access to or disclosure of Raw Data.

‍17.2.1 Process Integrity. Customer will be responsible for obtaining and maintaining, at Customer’s expense, all telecommunications, computer hardware, software, and Internet connectivity required by Customer or any Authorized User to access the Service from the Internet, as well as for enabling integration with any systems used by Customer as required for the operation of the Subscription Service. Customer and its Authorized Users will have access to the Raw Data and will be responsible for all changes to and/or deletions of Raw Data. Customer will use commercially reasonable efforts to prevent unauthorized access to, or use of, the Subscription Service, safeguard the Access Protocols, and will notify SocLeads promptly of any such unauthorized use known to Customer. Customer will have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Raw Data. Customer agrees that the Subscription Service will not be used, and is not licensed for use, in connection with any of Customer’s time-critical or mission-critical functions. Customer represents and warrants that any Raw Data submitted to the Subscription Service will not (a) infringe or misappropriate any Intellectual Property Rights of any person; (b) be deceptive, defamatory, obscene, or unlawful; or (c) contain any viruses, worms or other malicious computer programming codes intended to damage SocLeads ’s systems or data. SocLeads will have the right to review and monitor all use of the Subscription Service to ensure compliance with the terms of this Agreement.

‍17.3.2 Customer will not include in Raw Data any PHI (defined as personal health information regulated by the Health Insurance Portability and Accountability Act of 1996 or similar laws of other applicable jurisdictions) unless Customer has entered into a Sales Order Form that explicitly permits Customer to process PHI in the Subscription Service and a Business Associate Agreement with SocLeads , which upon mutual execution, will be incorporated by reference into and subject to this Agreement. Customer will not include in Raw Data any cardholder data as defined under the Payment Card Industry Data Security Standard. Customer represents and warrants: (A) that its use of the Subscription Service will comply with Applicable Laws; (B) Raw Data will not contain (i) any data for which Customer does not have all rights, power, and authority necessary for its collection, use, and Processing as contemplated by this Agreement; or (ii) any data with respect to which Customer’s usage as contemplated herein would violate Applicable Laws; (C) SocLeads ’s processing of Raw Data as directed pursuant to this Agreement will not cause SocLeads to violate Applicable Laws; and (D) Customer has all rights necessary to enable SocLeads to integrate with any systems designated by Customer in the course of implementation of the Subscription Service for Customer, and Customer grants SocLeads all necessary rights for enabling and/or implementing such integration, implementation, and subsequent operation, of the Subscription Service with Customer’s designated systems during the term of any outstanding Sales Order Form.

‍17.4.1 Confidentiality. Confidential Information. During the term of this Agreement, each party (the “Disclosing Party”) may provide the other party (the “Receiving Party”) with certain information regarding the Disclosing Party’s business, technology, products, or services or other confidential or proprietary information (collectively, “Confidential Information”). For the avoidance of doubt, the Subscription Service, Documentation, output of the Service, and all enhancements and improvements thereto, will be considered Confidential Information of SocLeads , and the Raw Data will be considered Confidential Information of Customer. The Receiving Party agrees that it will not use or disclose to any third party any Confidential Information of the Disclosing Party, except as expressly permitted under this Agreement. The Receiving Party will limit access to the Confidential Information to its and its affiliates’ employees and contractors who have a need to know, who have confidentiality obligations no less restrictive than those set forth herein, and who have been informed of the confidential nature of such information. In addition, the Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in no event with less than reasonable care. At the Disclosing Party’s request or upon termination of this Agreement, the Receiving Party will return to the Disclosing Party or destroy/erase all copies of the Confidential Information that the Receiving Party does not have a continuing right to use under this Agreement. The obligation to return or destroy Confidential Information or copies thereof will not extend to back-up or archival copies generated in the ordinary course of the Receiving Party’s information systems procedures or to material that must be retained under applicable law, provided that such archived and/or legally required to be retained copies will (i) be erased or destroyed in the ordinary course of such party’s data processing procedures and (ii) remain subject to the obligations of confidentiality stated herein for so long as they are retained. The confidentiality obligations set forth in this section will not apply to any information that (a) becomes generally available to the public through no fault of the Receiving Party; (b) is lawfully provided to the Receiving Party by a third party free of any confidentiality duties or obligations; (c) the Receiving Party can prove, by clear and convincing evidence, was already known to the Receiving Party without restriction at the time of disclosure; or (d) the Receiving Party can prove, by clear and convincing evidence, was independently developed by employees and contractors of the Receiving Party who had no access to the Confidential Information. In addition, the Receiving Party may disclose Confidential Information to the extent that such disclosure is necessary for the Receiving Party to enforce its rights under this Agreement or is required by law, provided that the Receiving Party promptly notifies the Disclosing Party in writing of such required disclosure and cooperates with efforts of the Disclosing Party to seek an appropriate protective order.