Last updated: February 24, 2023
Please read these terms and conditions carefully before using Our Service.
The Services include a Software as a Service (“SaaS”) and Customer Relationship Management (“CRM”) platform for clients to help them simplify, automate, and scale their businesses and communications with their customers. In providing these Services, we act as a service provider for our clients and only process data of clients’ customers for the respective client’s purposes.
Our Services also include educational content provided for informational purposes only. We do not, and cannot, guarantee specific results or success, including any economic success, from use of the Services. We make no promise that you will make a certain amount of money or business, or that you will not lose money, as a result of using the Services. We do not provide any tax, legal, or similar professional services, and you should seek your own professionals. Clients are responsible for their own businesses, including all marketing content, communications with customers, and business practices. Clients agree to pay all fees associated with the Services.
If you are a customer of a client, we are acting as our clients’ service provider, and we are not responsible for the content or conduct of any user of the Services. Our clients are separate from our company and have their own contracts, rules, eligibility requirements, refund polies, and so forth that cover their products and services. We are not a party to any transaction between you and a client. Your dealings with a client may be covered by a separate contract between you and the client. Consumers should raise all payment, shipping, and refund inquiries with the client.
These Terms contain an “Arbitration Agreement” waiving your right to a jury trial and class action.
Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.
What is our Arbitration Agreement?
The arbitration must be filed and conducted through JAMS (www.jamsadr.com), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply. All claims, remedies, and defenses that you or we have under applicable law (whether federal, state, or local) will remain available. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
What law will the arbitrator follow?
The laws of Wyoming govern these Terms. The arbitrator will apply Wyoming law to the claims in the arbitration. This Arbitration Agreement will be governed by the Federal Arbitration Act.
In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more of the fees for the arbitration, other than attorneys’ fees. Regardless of who wins, you will be responsible for paying your attorneys’ fees, and we will be responsible for paying ours. The only exception is if the claim is brought under a law, which the arbitrator may apply, that specifically allows a party to recover its attorneys’ fees.
There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief”—or rule upon certain small claims actions. Either one of us can go to court and seek this relief, including by filing a motion to compel the other party to honor the Arbitration Agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Sheridan, Wyoming. This exception does not waive our Arbitration Agreement.
No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.
We refer to all content uploaded, posted, or communicated to or through the Services—by anyone other than us—as “Content.” Your Content includes your communications, reviews, comments, photographs, and interactions with other users. It is up to you to make sure that your Content obeys these Terms and the law. It is not an excuse to say you did not understand the law, that you were simply relying on someone else or another poster, or that you’ve seen similar Content posted by others. Once you decide to post it, the Content becomes your responsibility.
You agree not to post or distribute any of the following types of Content with the Services:
• Infringing Content. Infringing Content is any Content that does not belong to you and for which you have not obtained permission from the owner to post it. For example, any photograph you did not personally take is infringing Content; however, if your friend took a photograph and gave you permission to post it on the Services, it is no longer infringing.
• Illegal or Obscene Content. Any Content prohibited by law—such as child pornography—is also prohibited on the Services. We also prohibit obscene Content, including Content depicting violence, rape, drug use, and similar illegal acts, whether fictionalized or real. We do not allow Content containing pornography, depiction of sexual acts, or nudity on the Services, whether legal or not.
• Threatening, Defamatory, or Invasive Content. We don’t allow any Content that threatens or spreads misinformation about other users or persons. We don’t allow any Content that violates a user’s privacy, such as doxing. The enforcement of this section is within our exclusive discretion. This means that we do not have to take down Content just because you feel it is dishonest or threatening.
If your Content contains any reviews or comments, including about the Services and LeadNurture, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to these Terms, LeadNurture will have the right to republish all or part of your reviews and comments on the Services, LeadNurture’s social media accounts, advertising, and other media as LeadNurture deems fit.
When you post prohibited Content, it creates legal problems for you and for LeadNurture. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold LeadNurture harmless for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys’ fees and other costs we incur to defend LeadNurture in a lawsuit related to your Content. It is easier and cheaper if you don’t disseminate the prohibited Content in the first place. To prevent such claims from happening, we reserve the right to remove or edit your Content, but we have no obligation to do so.
We may ask you to create an account (your “Account”) to access certain parts of the Services. You must only provide complete and accurate information in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate these Terms, we may terminate your Account and delete your Content. It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.
Third parties are any person or business other than you or us—in other words, someone who is not a party to these Terms. Here are a few examples of third parties:
• Other clients or users of the Services. For example, if a client uses our platform to send communications to you as an individual user, that client is a third party to the individual. We cannot control third parties, including clients using our SaaS/CRM Services. Similarly, while other users may have agreed to these Terms, they are not a party to these Terms between you and us. Accordingly, when other users post Content to the Services, it is third-party Content—meaning neither you nor we are responsible for it.
• Other websites or apps. The Services may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not. We cannot control these third-party websites or apps.
Third-party Content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Services by a third party. Third parties are solely responsible for their own Content. We do not review all third-party Content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third parties.
The Services may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over third parties, including their Content. Except where we’ve expressly indicated an affiliate relationship or other endorsement, we don’t endorse third-party websites, apps, information, goods, or services. Under the Communications Decency Act, service providers, such as our platform, are not liable for information originating with a third-party user of the Services.
Mobile Apps and Communications
When you use the Services, you may be given the opportunity to turn on or off certain permissions relating to your device or other accounts. For example, you may grant permission to track your activity across third-party apps. For apps, your ability to give or revoke such permissions is located within the general platform device settings and is not controlled by us.
By using the Services, you consent to receive electronic communications from us, such as text messages, emails, and mobile push notifications. We will provide you an additional opportunity to opt into such messages where applicable. You can opt out of receiving communications by:
• For emails, click on the “unsubscribe” link in the email and follow any directions.
• For text messages, respond STOP.
• For mobile push notifications, change your app permissions in your device settings.
For text messages, standard messaging rates will apply. Texts, calls, and prerecorded messages may be generated by automatic dialing systems. By downloading and/or installing any app or related software, you consent to receive applicable automatic software updates.
Our Intellectual Property
Our names, trademarks, copyrights, logos, websites, services, and all content and other materials available through the Services other than your Content (collectively, the “LeadNurture IP”) are the intellectual property of LeadNurture and/or its licensors. Nothing in these Terms grants you any right, title, license, or interest in the LeadNurture IP. You shall not at any time, nor shall you assist others to, challenge LeadNurture’s right, title, or interest in, or the validity of, the LeadNurture IP.
Your Limited License to Use the Services
So long as you comply with all of these Terms and any other applicable policies and agreements for the Services, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. This license does not allow you reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Services—including the Content of other users—unless you first obtain our written permission. We reserve all rights not expressly granted in these Terms. If you breach any part of these Terms, your license will automatically terminate.
Our License to Your Content
You are always the owner of your Content; however, we require a license from you to legally display your Content on the Services. Without this license, we could not allow you to upload any Content. Accordingly, you grant to LeadNurture a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created. In particular, we may use your reviews and comments to promote the Services. Aside from these reviews and comments, we will not use your Content in advertising without first obtaining your permission.
Copyright Infringement and Our DMCA Policy
We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). If you believe Content on the Services violates your copyright, please immediately notify LeadNurture by emailing a DMCA takedown notice ("Infringement Notice") to [email protected]. Your Infringement Notice should include all information described below:
• Identification of your copyrighted work.
• A description of the Content you believe infringes your copyright (the “Infringing Content”). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Services.
• Your name, address, telephone number, and email address.
• The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
• A written statement by you that:
• You believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
• You declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
• Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner.
You should email your Infringement Notice with the subject line “DMCA Infringement Notice.” We will respond to all compliant Infringement Notices by taking any action required under the DMCA.
Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your Content on the Services is a “fair use,” as fair uses are allowed under the law. If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you.
Infringement Notices are not anonymous. If we act in response to your Infringement Notice—such as by removing the Infringing Content—we will pass on your Infringement Notice to the user to provide an opportunity to respond. Counter notices should be emailed and comply with the DMCA.
You are prohibited from doing any of the following in connection with the Services:
• providing false, misleading, or inaccurate information to LeadNurture or any other person in connection with your Account or the Services;
• impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
• accessing the Account of any other user;
• modifying or changing the placement and location of any advertisement posted through the Services;
• using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Services for any use, including any use on another website, app, or media;
• accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breaching security or authentication measures;
• interfering with the use of the Services by any other user, host, or network, including by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
• forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Services, including, without limitation, any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Services;
• creating additional Accounts to promote yourself, your business, or another; or
• paying or accepting payment from anyone for interactions on the Services, including paying for likes, reviews, and comments.
Disclaimers and Limitations
UNLESS WE EXPRESSLY WARRANT SOMETHING IN WRITING TO YOU, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL FUNCTION ERROR-FREE.
The use of our Services is at your own risk and should be based on your own due diligence. You agree that we are not liable for your success or failure. You agree that you take full responsibility for your own success. Any earnings, revenue, or income statements viewable on our Services, including our website or our related social media, are based on actual individual results and/or estimates.
Nothing is intended as a representation or promise of any earnings, revenue, or income you can expect to receive by using the Services. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, and various factors beyond our control, including some variables that neither we nor you may have anticipated.
There are no guarantees concerning the level of success you may experience with the Services. Each client’s results will vary. There are unknown risks in any business, particularly in this industry, where changes can happen quickly. Our materials are provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions. We are not responsible if information is not accurate, complete, or current, subject to applicable laws.
This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Services—in fact, we could not provide them otherwise.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES. In no event will we be liable to you, or any party related to you for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if we have been advised of the possibility of such damages.
Digital media, technology, and the applicable laws change frequently. We may need to make changes to these Terms and related policies and agreements from time to time, including to keep up with changes in the law. If we make a change material to your use of the Services, we will notify you in advance so you can decide whether you want to continue using the Services after the change takes effect. Your continued use of the Services after the change constitutes your consent to the updated Terms and policies/agreements. It is up to you to keep the email address associated with your use of the Services up to date so that you don’t miss any such notifications.
You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18).
If you are using the Services on behalf of a company, you represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.
You consent to receive notices, disclosures, and other communications electronically at the email address provided in connection with the Services or linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing. Force Majeure We will not be liable for any failure to perform any of our obligations if the failure results from a cause beyond our reasonable control, including mechanical, electronic, or communications failure or degradation, pandemics or epidemics, or unforeseeable acts beyond our control.AssignmentYou cannot assign, transfer, or sublicense these Terms without first obtaining our consent. On the other hand, we may assign, transfer, or delegate any of our rights and obligations without consent, including if there is a sale or transfer of our business.
A waiver by either you or LeadNurture of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach.
These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
The provisions of these Terms which, by their nature, should survive termination, shall survive such termination, including the sections on Dispute Resolution and Mandatory Arbitration, Intellectual Property, Disclaimers and Limitations, and Miscellaneous Provisions.
These Terms are severable. If any provision of these Terms is declared invalid, void, or unenforceable, then that provision is severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
By phone number: (323) 844-8184