Acceptance of Terms
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves, and “Website” refers to the sales website for the Company. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
User Account, Password, And Security
Once you sign up to become a user of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time.
You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Lead Kickstart may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Lead Kickstart liability. You must immediately notify Lead Kickstart of any unauthorized uses of your site, your account or any other breaches of security. Lead Kickstart will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you create an account on LeadKickstart.com, operate a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
-the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
-if your employer/principle has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any images, or (ii) secured from your employer/principle a waiver as to all rights in or to the Content;
-you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
-the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
-the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
-the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
-your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
-your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Lead Kickstart or otherwise.
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Lead Kickstart official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.You agree that that all ads marketed through the Lead Kickstart platform are for properties for sale and that I have permission to market them.
You agree to indemnify and hold Lead Kickstart, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
Intellectual Property Rights
All right, title, interest and ownership and intellectual property rights in and to the LeadKickstart.com site, including but not limited to its “look and feel” (e.g. text, graphics, images, logos, buttons, icons, and the placement and layout thereof), images video, audio, data, content, functionality, software (including html-based computer programming) and other media, material or information, other than your content, are and will remain the property of Lead Kickstart and its software or content suppliers. Any sort of attempt to replicate, copy, spread, reproduce, distribute, imitate, or any action that may be regarded as such, is a breach of this Agreement and will be grounds for immediate termination of your account. Lead Kickstart reserves the right to take legal action against any user who attempt to try this.
Subject to the terms and conditions of this Agreement, we grant you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access the site and use the services that are subject to a valid subscription.
You acknowledge that any ideas, suggestions, concepts, processes, or techniques (other than your Content) which you provide to Lead Kickstart related to the services, the site or Lead Kickstart or its business (“Feedback”) shall become Lead Kickstart’s property without any compensation or other consideration payable to you by Lead Kickstart, and you do so of your own free will and volition. Lead Kickstart may or may not, in its sole discretion, use or incorporate the Feedback (in whatever form or derivative Lead Kickstart may decide) into the site, its software, services, documentation, business or other products, or any future version or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Lead Kickstart in any Feedback and, as applicable, waive any moral rights. You may not disclose to any third party any test results or performance information regarding the Site or the Services, whether generated by you, us or a third party, except where expressly permitted.
Disclaimer of Warranties
You expressly understand and agree that: (a) Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Lead Kickstart expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement. (b) Lead Kickstart makes no warranty that (i) the service will meet the user’s requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectation, and (v) any errors in the software will be corrected. (c) Any material downloaded or otherwise obtained through the use of the service/and or software is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from Lead Kickstart or through or from the service shall create any warranty not expressly stated in the terms.
Your Free Trial begins the day you activate your Lead Kickstart account. Your Lead Kickstart Free Trial will end after 14 days. For instance, if your free trial starts on June 1st your free trial will end 14 days later and if you did not cancel before June 15th your credit card will be billed on June 15th
If you want to cancel your subscription and your Lead Kickstart website, you must contact Support@LeadKickstart.com at least 5 calendar days before your subscription period ends. Otherwise your subscription will renew automatically and you give Lead Kickstart the right to collect the monthly subscription fee (based on the plan you have chosen) using any credit card information we have on file for you.
Links to this website
You may create a link to any page of the website associated with your account without our prior written consent. However, if you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Modification of Service
Lead Kickstart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Lead Kickstart shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of Service
You agree that Lead Kickstart, in its sole discretion, may terminate your password, use of the Service or use of any other Lead Kickstarts’ service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Lead Kickstart believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Lead Kickstart may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Lead Kickstart may immediately deactivate or delete your Lead Kickstart and all related information and files in your Lead Kickstart and/or bar any further access to such files or the Service. Further, you agree that Lead Kickstart shall not be liable to you or any third-party for any termination of your access to the Service.