Partner4Leads Terms of Use (Service) Agreement

Updated 11/19/2010

Overview

The Partner4Leads Terms of Use (Service) Agreement («Agreement») set forth below shall govern your use and activity when using or accessing the Partner4Leads site or service in any manner. This Agreement shall apply whether you are simply a visitor to the site or an active account holder. By creating an account or using the Partner4Leads service, website or technology you acknowledge, accept and agree to be bound by the terms of this Agreement as stated within.

This Agreement may be changed from time to time. In the event the Agreement is changed, said changes will be published in this online Agreement. Your continued use of the Partner4Leads service, website or technology shall indicate your acceptance of any edited, added or altered conditions of the Agreement. In the event that you do not agree with any of the terms in the published Agreement, you agree to immediately discontinue access and use of the Partner4Leads service, website and technology. The Partner4Leads's Privacy Policy is incorporated into this Agreement (Privacy Policy can be found posted on the site, «Privacy Policy»).

Site Use & Account Creation

Using Partner4Leads and creating a basic user account is free. Partner4Leads may charge fees for certain premium features or services that we offer, and we will notify you of those charges at the time that we offer said premium features or services. Partner4Leads reserves the right at our sole discretion to add, remove or change the features and services we offer, and the fees associated with said features or services. In the event we alter any fees associated with services we offer, we will notify you of those services and fees in advance of delivery.

Partner4Leads reserve the right to modify or discontinue our service or site at any time with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.

Partner4Leads reserves right, in our sole discretion, to reject, decline or cancel any Partner4Leads account. When creating a Partner4Leads account you agree/confirm that …

Content Ownership, Disclosure & Indemnity

You agree that the information you include in your account and provide on the site will;

You further agree that Partner4Leads may disclose any information you provide, if required to do so by law, or in our good faith belief that such disclosure is reasonably necessary to comply with a legal request or proceeding or to enable the sale, transfer, or re-organization of Partner4Leads (in all or in part) to another.

The information you upload to the Partner4Leads servers is your information. Partner4Leads claims no ownership rights in that data. By using the Partner4Leads site to post your information you grant Partner4Leads a non-exclusive worldwide perpetual, irrevocable, royalty free, sublicensable right to use that information.

Partner4Leads reserves the right to access user information or accounts to handle any technical, system or operational issues.

You are solely responsible for the Information that you upload, email or make available on the Partner4Leads site. We do not control or guarantee the accuracy, integrity or quality of the information posted by any Partner4Leads users or community. You agree that under no circumstances will Partner4Leads or it's directors, officers, shareholders, employees, consultants, agents advisers, affiliates, subsidiaries or third party partners be liable in any way for information posted, or any damages resulting from the use of said information.

Proprietary Content & Rights

Partner4Leads is owned and operated by Partner4Leads Inc. The Partner4Leads site, system and platform contains proprietary content, materials and information. You agree not to modify, rent, lease, sell, distribute, reproduce or create derivative works based on said content, materials or information, without prior written consent from Partner4Leads.

Partner4Leads Premium Groups, Group Users, Group User Fees & Group Leaders

Partner4Leads facilitates «Leads Groups» (or business networking groups) around the country and listed on the site. These «Leads Groups» or business networking groups are made of local business professionals («Members») that meet regularly and collectively work to generate referral leads for one another.

«Members» in Partner4Leads Premium Referral or Leads Groups pay a Partner4Leads premium user group fee which allows them to connect with the group online and access all premium group management and marketing tools provided by Partner4Leads.

When you want to join a «Partner4Leads Premium Group» as a «Member» you will be notified of any Partner4Leads Premium Group user fee, and required to provide credit card information prior to connecting with the group online . When you connect online to a Partner4Leads Premium group you agree to following terms and conditions:

All listed Partner4Leads Group's have a member, or members, that act as «Group Leader(s)». These «Group Leader(s) have NO agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Partner4Leads, they are strictly group leaders independent from Partner4Leads.

When you act as a «Group Leader», in a group listed on Partner4Leads you agree to the following:

Partner4Leads makes no explicit or implied guarantee to the accuracy, integrity or quality of these groups or their information. And assumes no responsibility for any users interactions within these groups.

Non Premium Leads Group (or Business Networking Groups) on Partner4Leads

The Partner4Leads site also lists and supports Non Premium Leads Groups (or Business Networking Groups) on the Partner4Leads site.

Partner4Leads provides these group's with a platform and technology to independently manage and operate their leads group. These groups and their members have access to free tools only.

Partner4Leads makes no explicit or implied guarantee to the accuracy, integrity or quality of these groups or their information. And assumes no responsibility for any users interactions with these groups.

Partner4Leads User Generated Pages

The Partner4Leads site allows user to create various marketing web pages. These pages frame the users existing website listed in their account in order to create a more seamless user experience when someone visits the user's Partner4Leads generated pages. The user agrees to only list a website addresses in their account that allows Partner4Leads to frame the website to deliver this experience.

Partner4Leads User Referral Rewards, Incentives & Gifts

The Partner4leads site allows registered users to create, promote and manage their own referral rewards programs and incentive offers through their respective Partner4Leads hosted web pages and communications. Partner4leads makes no warranties or guarantees associated with these referral rewards, incentives and programs or their fulfillment. Each individual user on Partner4Leads is solely responsible for the validity, accuracy and fulfillment of their published referral rewards or incentive offers.

DISCLAIMER AND LIMITATION OF LIABILITY

THE SITE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED «AS IS» AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARTNER4LEADS, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

PARTNER4LEADS, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PARTNER4LEADS, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PARTNER4LEADS NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to indemnify and hold Partner4Leads, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PARTNER4LEADS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE PARTNER4LEADS MATERIALS ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH THE PARTNER4LEADS, EVEN IF PARTNER4LEADS OR AN PARTNER4LEADS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE PARTNER4LEADS'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE PARTNER4LEADS'S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN PARTNER4LEADS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE

These Terms shall be governed by and construed in accordance with the laws of the State of California. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Dispute Resolution

Parties will attempt in good faith to resolve any dispute, claim or controversy arising out of, or relating to this Agreement through negotiation (with the «Exception» stated below). In the event that the dispute, claim or controversy is not resolved by negotiations, the matter may be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. «JAMS»), or its successor in San Francisco, California, for final and binding arbitration.

«Exception» - Partner4Leads reserves right to take legal action to collect any fees and/or recover damages for, or obtain an injunction relating to, our sites intellectual property or assets. These rights shall NOT be replaced by the negotiation or arbitration clause listed above.

Either party may initiate arbitration by filing a written demand for arbitration at any time following a good faith negotiation effort. The parties agree that they will participate in the arbitration in good faith, and that the party filing for arbitration will bare all filing costs, and each party shall bare their own legal costs.

Both parties understand and agree negotiation and binding arbitration will be the sole form of dispute resolution (with the 'Exception' stated above).

Both parties agree that any claim related to this Agreement must be filed within one (1) year of the date of cause of action, or be forever relinquished.

Contact & Communication

Contact and communications to Partner4Leads concerning the terms of use/service agreement, or any dispute thereof shall be delivered via certified mail to the address listed below:

Partner4Leads, Inc
710 West California Way
Woodside CA 94062

Contact and communication to other party concerning the terms of use/service agreement, or any dispute thereof shall be delivered via email, using the account holder's active email address listed in their Partner4Leads account or via certified mail to the address of record.

Communication shall be deemed delivered 3 days from certified mail delivery receipt or sending email.

Miscellaneous

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Partner4Leads is intended or created by this Agreement.

This agreement shall be governed by the laws of the State of California, and all negotiations, arbitration or legal actions shall take place in San Francisco, California.

Partner4Leads reserves the right, at our sole discretion to assign agreement rights to any third party in the event of an acquisition, reorganization, sale or restructure of Partner4Leads.

Failure by Partner4Leads to exercise any rights or provision of this Agreement does not constitute a waiver of such rights or provisions or to act or enforce those provisions at a later date.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions

All agreement terms related to the sections titled «Proprietary Content and Rights», «Partner4Leads Groups, Group Members, Membership Fees & Group Leaders«, «Disclaimer & Limitation of Liability», «Dispute Resolution», «Content Ownership, Disclosure and Indemnity» and «Miscellaneous» shall survive any termination or expiration of this Agreement.

This Agreement represents the entire agreement between you and Partner4Leads in relation to using the Partner4Leads website and online services and supersedes any prior agreements between you and Partner4Leads.