ONELEAD.COM TERMS OF USE:
BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING
PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE
"AGREEMENT") GOVERNING YOUR USE OF ONELEAD.COM'S ONLINE SERVICE,
INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU
ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER
LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU"
OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS,
YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
ONELEAD.COM LICENSE AGREEMENT
By using this Internet Site (the "Site") to retrieve data (the
"Data"), you are accepting and agreeing to the terms of this
OneLead.com license agreement ("Agreement") and representing and
warranting that you are authorized to do so. If you are not willing
to be bound by the terms of this Agreement, you will be unable to
retrieve Data from the Site. This Agreement represents the entire
agreement with respect to Data between you and OneLead, Inc.
("OneLead"), and it supersedes any prior proposal, representation,
or understanding between the parties, unless the parties have
executed a Preferred Pricing Agreement for OneLead, in which case,
the Preferred Pricing Agreement for OneLead shall hold.
GRANT OF LICENSE
ONELEAD owns all data created and maintained within the ONELEAD
environment. ONELEAD grants customer limited access to their
information stored within the ONELEAD environment while the customer
account is active and paid in full.
ONELEAD grants a non-exclusive limited license to you and the entity
on whose behalf you are agreeing (but not its parent, subsidiaries,
or affiliates) to retrieve Data available on the Site, and the
associated documentation obtained from the Site under the terms and
conditions set forth herein.
ONELEAD reserves the right to use customer lead generation data
collected by ONELEAD for purposes including but not limited to the
creation of market analysis reports, marketing materials, additional
sales and marketing training products, etc. Customers will be held
in anonymity, unless they have granted prior written consent to
participate in testimonials.
PERMITTED USE AND RESTRICTIONS ON USE
The Services are licensed to you pursuant to this Agreement on a
confidential basis for your exclusive use. You may use the services
(the "Services") and Data available on the Site to create marketing
lists (the "Lists") in connection with your marketing, planning,
sales, or other business activities. You may not use the Data to
determine an individual's eligibility for credit or insurance to be
used primarily for personal, family, or household purposes or to
determine an individual's eligibility for employment. You may not
directly or indirectly sell or disclose Lists to third parties. All
Data must be kept confidential pursuant to the following section on
Proprietary Rights.
DURATION OF LICENSE
You may use Lists in accordance with the terms of this Agreement for
a period of twelve (12) months from the date the Lists are created,
or until this Agreement is earlier terminated. Upon expiration of
such 12-month period (or upon the earlier termination of this
Agreement), you must immediately destroy all Lists (including copies
and portions of Lists) and, if requested by ONELEAD, provide
documentation of such destruction.
PROPRIETARY RIGHTS
You acknowledge and agree that the Data contains confidential
information that derives independent economic value, actual or
potential, from not being generally known to other persons who could
obtain economic value from its use. The Data is therefore the
subject of efforts which are reasonable under the circumstances to
maintain its secrecy. The Data licensed for use pursuant to this
Agreement will be kept confidential and will be used only for your
internal purposes. However, the use of the Lists to make contact or
communicate with individual entities identified through the use of
the Lists is a permitted activity and does not violate your
obligation to keep the Data confidential. You may retain
information, data or facts you obtain as a result of third-party
responses to your use of the Lists.
You agree that you will not do anything that would impair ONELEAD's
copyright or other proprietary rights in the Data. You may not grant
access to the Data to any person or entity other than your employees
or authorized agents. If you grant access to the Data to your
employees or authorized agents, you shall give them notice of the
confidential, proprietary and legal interests held by ONELEAD in the
Data and of the prohibitions on unauthorized disclosure or
dissemination of the Data.
ONELEAD retains all rights not expressly granted. Nothing in this
Agreement constitutes a waiver of ONELEAD's rights under the U.S.
copyright laws or any other federal or state laws.
ACCEPTANCE AND TERMINATION
ONELEAD may elect to terminate this Agreement at any time upon
written notice to you in the event you breach any of the terms of
this Agreement. In the event of any such termination, you shall
immediately destroy all Lists including copies and portions of Lists
and if requested by ONELEAD, provide documentation of such
destruction.
DISCLAIMER OF WARRANTY
Because the functionality of the Site is inherently complex and may
not be completely free of errors, you are advised to verify your
work. ONELEAD makes no warranty, either express or implied, as to
the accuracy, completeness, currentness, merchantability, or fitness
for a particular purpose of the Services, the Data or the Site. In
no event will ONELEAD be liable for direct, indirect, special,
incidental or consequential damages arising out of the use of or
inability to use the Services, the Data or the Site, even if advised
of the possibility of such damages. Specifically, ONELEAD shall not
be responsible for any costs including but not limited to, those
incurred as a result of lost profits or revenue, loss of the Data,
the cost of recovering such data, claims by third parties, or for
other similar costs. In no case shall ONELEAD's liability exceed the
amount of the service fee. The warranty and remedies set forth above
are exclusive and in lieu of all others, oral or written, express or
implied.
COMPLIANCE WITH LAW
You will not use the Data as a factor in establishing an
individual's eligibility for (i) credit or insurance to be used
primarily for personal, family, or household purposes, or (ii)
employment. In addition, you agree not to use the Data and/or
Service to engage in any unfair or deceptive practices and will use
the Data and/or Service only in compliance with applicable state,
local, federal or foreign laws or regulations, including laws and
regulations regarding telemarketing, customer solicitation
(including fax or e-mail solicitation), data protection and privacy.
GENERAL
This License Agreement may be amended from time to time. Any
amendment is effective upon either a posting of the latest version
on the ONELEAD.com web site (http://www.onelead.com), or upon notice
by electronic mail, or U.S. mail. Your continued use of the Data or
Services following notice of any amendment to this License Agreement
shall be conclusively deemed an acceptance of such amendment.
REFUND
Within ten (10) days of deposit and/or auto deposit OneLead will
refund 100% of unused balance. |
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