Terms of Service

These Terms of Service govern your use of the website located at https://leadmetrik.com and any related services provided by Lead Metrik.

By accessing https://leadmetrik.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Lead Metrik.

We, Lead Metrik, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 22 April 2022.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

2. remove any copyright or other proprietary notations from any materials and software on this website;

3. transfer the materials to another person or “mirror” the materials on any other server;

4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Lead Metrik provides;

5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

6. use this website or its associated services in violation of any applicable laws or regulations;

7. use this website in conjunction with sending unauthorized advertising or spam;

8. harvest, collect, or gather user data without the user’s consent;

9. or use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which Lead Metrik may immediately suspend or termination your Platform Account in accordance with these Terms:

- Use of the Platform in any way that violates any applicable law or regulation.

- Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

- Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

- Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

- Impersonating or attempting to impersonate Lead Metrik, a Lead Metrik employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

- Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.

- Engaging in any conduct that would may, as determined by Lead Metrik, harm Platform users or Lead Metrik, or expose either to liability.

- Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

- Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

- Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Lead Metrik’s prior written consent.

- Use of any device, software or routine that interferes with the proper working of the Platform.

- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.

- Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.

- Otherwise attempting to interfere with the proper working of the Platform.

Payment

a. Fees.

Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.

b. Noncancellable Fees.

Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.

c. Taxes.

You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. Lead Metrik may collect Taxes from you as part of the Fees as legally required or as Lead Metrik deems appropriate, and all Lead Metrik determinations regarding what Taxes to collect are final. Lead Metrik may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify Lead Metrik for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described below. Taxes are nonrefundable.

d. Overdue Amounts.

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

e. Payment Disputes.

You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Lead Metrik determinations regarding your obligation to pay invoiced Fees and charges are final.

f. No Refunds or Credits.

Except as described below, all Fees assessed by Lead Metrik are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Lead Metrik does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, Lead Metrik reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Lead Metrik’s determination of if and when to issue or deny a refund or credit is final.

g. Cancellations.

You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

h. Your Responsibility For Financial Transactions.

You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

Affiliate Program

Lead Metrik offers an Affiliate Program under which customers may receive commissions for referring new accounts to Lead Metrik. Your participation in the Affiliate Program is subject to Lead Metrik’s approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your Lead Metrik account in order to earn and receive commission payouts. Commissions may be forfeited if Lead Metrik is unable to submit payment to your payment account for any reason.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Lead Metrik and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Lead Metrik at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Lead Metrik makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Lead Metrik or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Lead Metrik or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Lead Metrik does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Lead Metrik has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Lead Metrik of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Nevada. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.