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Terms of Use

We take your right to privacy very seriously

Lead Scout Inc. Terms of Use

Effective as of March 1, 2022
 

These Terms of Use apply to the Lead Scout website and its related sites, including our client portal (collectively, the "Site"). This Site is owned and operated by Lead Scout, Inc. and its affiliates (collectively, "Lead Scout", "we" or "us"). 

 

You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Lead Scout. In addition, when using a particular service and/or accessing certain materials on or through this Site, you are subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.

 

BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE POLICY AND OUR PRIVACY POLICY . IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE OR PROVIDING US WITH YOUR INFORMATION VIA THE SITE.

 

Amendments to Terms

Lead Scout reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other terms, conditions and rules relating to the Site, at any time in its sole discretion. Lead Scout shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Eligibility

The Site is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract. We may, in our sole discretion, refuse to offer the Site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Site Materials, Services, and Applications

Through this Site, Lead Scout may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").

 

Lead Scout and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and applications on the Site (collectively, "Applications") solely for your own informational use and internal business purposes. In these Terms of Use, all references to the "Site" shall be deemed to include all "Applications," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by Lead Scout to you are retained by Lead Scout, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

 

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Lead Scout, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing Lead Scout's name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Lead Scout by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Lead Scout.

 

Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lead Scout. All other trademarks not owned by Lead Scout that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lead Scout.

 

Lead Scout and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

Site Access and Registration

As a condition to using certain aspects of the Site, you may be required to register with us, create an account, and select a password and user ID. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You are solely responsible for the security of online access to this Site, including access to any user account, and you must take precautions to protect the confidentiality of your user ID and password. You should not share your password or User ID with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact us immediately if you suspect unauthorized use of your user ID or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or user ID. We may justifiably assume that any orders or instructions received through any electronic systems and placed under your account were placed or authorized by you.

Third Party Service Providers

Lead Scout may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by Lead Scout. All references to Lead Scout are deemed to include its agents and service providers.

 

You acknowledge that in some states, it is illegal to retrieve public information from individuals and utilize such information for commercial purposes. You agree that if you request a third party to retrieve this information as part of the Services, you shall indemnify, defend, and hold us and such third party harmless from any and all claims arising out of or relating to your request and/or use of this information.

Feedback

In the event that you provide Lead Scout with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”), Lead Scout, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Site, without obligation to you.  Lead Scout will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Lead Scout resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site.  You shall not knowingly include any third-party intellectual property or content in Feedback.

Prohibited Behaviors 

Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:

 

  1. Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services. 

  2. Modifying, enhancing, adapting, translating, creating derivative works of, decompiling, disassembling, or reverse engineering the Site.

  3. The unauthorized access, monitoring, collection, or use of data, systems or networks, including using any data mining, robots, or similar data gathering and extraction tools.

  4. Removing, copying or destroy any proprietary rights marks or legends on or in the Site, or using intellectual property, including any trademarks, made available on this Site without our express written consent.

  5. Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.

  6. Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

  7. Sending unsolicited commercial email or spam. This includes unethical marketing, advertising, chain letters or any other practice that is in any way connected with spam such as sending mass email to recipients who haven't requested email from you.

  8. Using this Site for the benefit of any third party or in any manner not permitted by this policy, or otherwise exceed the scope of your use rights (i.e., by accessing and using the tools that you do not have a right to use).

  9. Harvesting or collecting any information about or regarding other members or account holders, including, without limitation, any personal data or information.

  10. Impersonating any person or entity or falsely state or otherwise misrepresenting your affiliation with a person or entity.

In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.

User Representations

By using the Site, you represent and warrant that: (1) all information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.  If you violate these Terms of Use, we have the right to suspend or terminate your Portal Account and refuse any and all current or future use of the Site (or any portion thereof).

Consent to Collection and Use of Usage Data

You agree that we may collect, use and share certain information about you and your use of the Site and any products and services with which the Site connects, including but not limited to technical information about our and our business partners’ products and services, your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Site (collectively, “Usage Data”). We use Usage Data to improve its products and the Site, facilitate the provision of Site updates, and provide support and other service to you. Usage Data is automatically transmitted to us by the Site. You acknowledge and agree that we retain sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. We may use the Usage Data without limitation, but we will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identifies you before sharing Usage Data with third parties. 

Privacy

We have a policy that addresses privacy. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. 

Third Party Sites & Information

Our Site may include access to content, products, or services offered by third parties through hyperlinks, API, or otherwise. Lead Scout is not responsible for any content or linked sites owned or controlled by a third party. Lead Scout provides such content and links only as a convenience to you. Lead Scout has not endorsed, tested or verified any third party information, programs, companies, or products to which it links or otherwise makes available. If you decide to access any third party sites linked to this Site, use such third party's products or services, or provide any personally identifiable information to such third party, you do so subject to the terms and policies applicable to those third parties and entirely at your own risk. 

Site Management and Interruptions

We reserve the right, but not the obligation, in our sole discretion and without limitation, notice, or liability, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (3) remove from the Site all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any such action.  

Territory

Lead Scout operates this Site from its office within the United States. Lead Scout makes no representation that content and materials on this Site are legal or appropriate for use outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

Disclaimer of Warranties; Assumption of Risk

EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY LEAD SCOUT "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE LEAD SCOUT, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ALTHOUGH LEAD SCOUT MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. LEAD SCOUT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. 
 

Limitation of Liability

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL LEAD SCOUT, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.  LEAD SCOUT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF LEAD SCOUT CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.
 

Indemnity

You agree to indemnify, defend and hold harmless Lead Scout, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Termination

Lead Scout may terminate your access to this Site at any time and for any reason without prior notification. Additionally, Lead Scout may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to such files and this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Lead Scout' rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Lead Scout related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan.  You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of Lead Scout to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lead Scout in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.
 

Electronic Communications, Transactions and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous
 

  • Our policies are entire and exclusive. No verbal statements or representations are binding on Lead Scout.

  • You may not change – such as by amendment or modification – any of our policies at all without our prior written consent.

  • All references to "us," "we," "our," and this "Site" relate to Lead Scout, Inc., its affiliates, parents, subsidiaries, directors, successors, officers, assigns, employees, contractors and agents.

  • We may assign our rights, duties and obligations under these Terms of Use at any time and without any notice to you.

Contact

 If you have any questions about these Terms of Use or our services generally, please contact us using the contact information below:

Lead Scout Inc.

251 Little Falls Drive
Wilmington, DE 19808

United States of America

Email: legal@leadscoutapp.com

Phone: (616) 232-6075

This Privacy Policy was last updated March 1, 2022.

 

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