The LeadsStack Terms and Conditions (“Terms”) is a legal agreement between you and LeadsStack, Inc. (D/B/A “LeadsStack”), a Delaware corporation (referred to herein as “LeadsStack,” “LeadsStack, Inc.” or “Company”), governing your use of the Service (as defined herein). By accessing the LeadsStack website, located at www.LeadsStack.us (the “Website” or “Site”), and using the Service, you are agreeing to comply with and be bound by these Terms. Additionally, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Company’s services, which may change from time to time, and to comply with all applicable laws and regulations. If you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, you should immediately discontinue use of the Website. These Terms (as may be modified by LeadsStack from time to time) will remain in full force and effect as long as you are a user of the Website, and in the event of termination of any membership, service, or feature, you will still be bound by your obligations under these Terms, including any indemnifications, waivers, warranties, and limitations of liability.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
It is your responsibility to periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Company’s publication of any such changes will constitute your acceptance of these Terms, as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you by the Company.
SERVICES
LeadsStack provides users with a wide selection of pricing quotes for various goods and services. Users may also participate in advertising campaigns, take quizzes and surveys, use various services and products, and use information (“Services”) provided by LeadsStack, Inc.
TERMINATION
LeadsStack may terminate a participant’s use of the Services and destroy any data within the Services if LeadsStack deems that the participant has not observed these Terms and Conditions or for any other reasons. The participant agrees that LeadsStack may delete registration data and all related information as well as any data used by Third-Party Services. LeadsStack may also prohibit the user’s further access to the Services, with or without prior notice.
DEALINGS WITH MERCHANTS; LINKS
The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. LeadsStack is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, product, or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. LeadsStack’s Privacy Policy, is applicable only when you are on our Site. Once you link to another website, its privacy policy applies to any personal information you supply.
Your transactions and other dealings with third party merchants or advertisers found on or through the Service, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods and services, are solely between you and such merchant or advertiser.
CONSENT TO FUTURE COMMUNICATIONS AND EMAIL OFFERS
When participants use the Services, they agree that LeadsStack may contact them with future communications, including without limitation, email marketing, telephone marketing, and other forms of direct marketing, as well as online and offline advertising. LeadsStack. may share participants’ information with third parties for marketing purposes, unless participants opt out, as described in the LeadsStack Privacy Policy. Such communications from LeadsStack may be transmitted to participants by (automatic) telephone calls, email offers, or any other method of communication. Please see the LeadsStack Privacy Policy for information regarding LeadsStack’s collection, use, and disclosure of this information. By using the Services, the participant accepts and agrees to the LeadsStack Privacy Policy which is incorporated herein by reference. Participant further acknowledges and agrees that any costs associated with receiving future marketing communications are the sole responsibility of participant.
REGISTRATION REQUIREMENTS
Participants attest that any personal information collected from the participants through the Services is correct and complete. The participant further represents that registered information is correct, up-to-date, and complete at the time of participation. If LeadsStack determines in its sole discretion that the registered information is not accurate or complete, then LeadsStack is entitled to delete the participant’s data and prohibit the participant’s further use of the Services.
YOUR REPRESENTATIONS AND WARRANTIES
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have not violated and will not violate these Terms; (c) you have not previously been suspended or removed from the Service; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Company and are not using the Services for reasons that are in competition with Company or other than for the Services’ intended purpose.
NO COMMERCIAL USE; LICENSE GRANT
LeadsStack is for personal use only. Organizations and businesses may not become participants and should not use the Services or LeadsStack for any purpose. You hereby agree not to reproduce, copy, sell, resell, or use the Services (or any part of it) or access to the Services for commercial purposes.
Company grants each user a limited, revocable, non-exclusive license to access the Site and Services in order to, as applicable, view or make legitimate inquiries to us regarding our Services, all in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
PROPRIETARY RIGHTS
All service marks, trademarks, logos, trade names, slogans, and domain names that appear on or in connection with the Services are the property of LeadsStack or its affiliates, licensors, or licensees. You may not copy, sell, re-sell, reproduce, display, or use any of these trademarks without the prior written consent of LeadsStack.
The data, data feeds, content, organization, graphics, designs, and other material featured on LeadsStack or provided through the Services (the “Copyrighted Material”) are protected under applicable U.S. and international copyright, trademark, and other intellectual property laws. The Copyrighted Material is either owned by or licensed to LeadsStack. It is forbidden to copy, sell, re-sell, reproduce, display, or use the Copyrighted Material without the prior written consent of LeadsStack. All rights are reserved.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND UNDER THESE TERMS AND CONDITIONS, LeadsStack IS NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION.
PARTICIPANTS AGREE TO USE THE SERVICES AT THEIR OWN RISK. LeadsStack MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES OR LeadsStack WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. PARTICIPANTS AGREE THAT THEY BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF DOWNLOADING OR ANY USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, LeadsStack, AND CONTENT ARE PROVIDED TO PARTICIPANTS ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS.
THIRD-PARTY SERVICES DISCLAIMER
ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF LeadsStack (INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). PARTICIPANT AGREES THAT LeadsStack IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS’ FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.
LIMITATION OF LIABILITY
LeadsStack WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO COMPUTER HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES.
THE MAXIMUM TOTAL LIABILITY OF LeadsStack TO YOU FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
UNDER THESE TERMS AND CONDITIONS, PARTICIPANTS AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF LeadsStack FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any content you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules, or regulations.
USE OF LeadsStack OR THE SERVICES OUTSIDE OF THE UNITED STATES
LeadsStack and the Services are intended for use within the United States, if not explicitly stated within contest rules provided. International use can only be considered if such contest rules include use outside of the United States. As per the Registration Requirements listed in these Terms and Conditions, there are some states within the United States that are limited from participation. If participants from locations outside of the United States or within states and territories that are void of participation (see the Registration Requirements above), then those participants chose to participate in the Services or access any of the content on LeadsStack or Third-Party Services at their own risk. Participants accept all risk associated with use of the Services and assume to comply with the laws and regulations within their own jurisdictions.
ARBITRATION OF DISPUTES
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in New York, New York. Arbitration proceedings shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA by a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit Company from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Company’s or Company’s licensors’ rights in and to intellectual property or confidential information.
WAIVER OF CLASS ACTION RIGHTS
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
DMCA COMPLIANCE
The company is committed to full compliance with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to Company’s DMCA Copyright Agent as follows:
LeadsStack, Inc. 10005
Attn: Copyright Agent
Email: info@LeadsStack.us
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
GENERAL
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable except with Company’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Company in any respect whatsoever. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control. You agree that any claim or cause of action arising out of or related to this Agreement or your use of the Services must be filed within two (2) years after such claim or cause of action arose or be forever barred. Use of the Services is void where prohibited by law.
TO THE EXTENT NOT SUBJECT TO ARBITRATION, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, NEW YORK, USA, AND YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
LeadsStack DATA PROCESSING ADDENDUM
This Data Processing Addendum (“Addendum”) supplements the Terms of Service, between the Client identified in the signature block below (“Client”) and LeadsStack, Inc (“Company”), is dated the later of (i) January 25, 2023 or (ii) the date of last signature of a party below, and is hereby incorporated by reference into the Agreement. All capitalized terms not otherwise defined in this Addendum will have the meaning given to them in the Agreement. In the event of any inconsistency or conflict between this Addendum and the Agreement, this Addendum will govern. Client and Company agree as follows:
1. Personal Information. In connection with providing the Services, Company will be Processing Personal Information on behalf of Client. “Personal Information” means information that relates, directly or indirectly, to an identified or identifiable person (a “Data Subject”), which may include names, email addresses, postal addresses, or online identifiers, that Client provides or submits in connection with using the Services. Specific categories of Personal Information that Company will Process in connection with the Agreement are set forth in Schedule 1 (Scope of Processing). As between Client and Company, all Personal Information is the sole and exclusive property of Client.
2. Company and Client Responsibilities. The parties acknowledge and agree that: (a) Company is a processor of Personal Information under Applicable Law (defined below); (b) Client is a controller of Personal Information under Applicable Law; and (c) each party will comply with the obligations applicable to it under Applicable Law with respect to the Processing of Personal Information.
3. Company Responsibilities. As part of the Services, Company will use commercially reasonable efforts to Process Personal Information. “Process” or “Processing” means any operation or set of operations which is performed on Personal Information, whether or not by automated means, such as the access, collection, use, storage, disclosure, dissemination, combination, recording, organization, structuring, adaption, alteration, copying, transfer, retrieval, consultation, disposal, restriction, erasure and/or destruction of Personal Information. The company will use commercially reasonable efforts to:
a) Process Personal Information solely in accordance with Client’s documented instructions;
(b) Process Personal Information in accordance with laws, rules, and regulations that apply to Company’s provision, and Client’s use, of the Services, including the General Data Protection Regulation (EU) 2016/679 (“GDPR,” and collectively, “Applicable law”);
(c) not disclose or otherwise make available in any form any Personal Information to any third party without first, except to the extent prohibited by Applicable Law, (i) notifying Client of the anticipated disclosure (so as to provide Client the opportunity to oppose the disclosure and obtain a protective order or seek other relief); (ii) obtaining Client’s prior consent to the disclosure; and (iii) imposing contractual obligations on the third party recipient that are at least equivalent to those obligations imposed on Company under this Addendum;
(d) amend, correct, or erase Personal Information at Client’s written request and provide a means for Client to update and make accurate Personal Information Processed by Company;
(e) notify Client of any third party request (by a Data Subject or otherwise) to (i) restrict the
Processing of Personal Information; (ii) port Personal Information to a third party; or (iii) access,
rectify, or erase Personal Information. Company will use commercially reasonable efforts to assist Client, at Client’s reasonable written request, in complying with Client’s obligations to respond to requests and complaints directed to Client with respect to Personal Information Processed by Company;
(f) at the reasonable written request of Client, cooperate and assist Client in conducting a data protection impact assessment;
(g) ensure that Company personnel Processing Personal Information are subject to obligations of confidentiality; and
(h) keep all Personal Information compartmentalized or otherwise logically distinct from other information of Company or its personnel, suppliers, customers or other third parties.
Company will use commercially reasonable efforts to inform Client if Company becomes aware or reasonably suspects that Client’s instructions regarding the Processing of Personal Information may breach any Applicable Law.
4. Subcontractors. The company will not engage another processor to process Client’s Personal Information without authorization from Client. Company will be responsible to Client for any material failure of such processor to fulfill Company’s data protection obligations as set forth in this Agreement. Client hereby provides its general written authorization for Company’s use of subcontractors to Process Personal Information on behalf of Client, which may be updated from time to time by Company. Client consents to any such updates.
5. Data Transfers. The company will use commercially reasonable efforts not to transfer or cause to be transferred, any Personal Information from one jurisdiction to another without Client’s prior written consent. Where Client consents to such transfer, the transfer will be in accordance with Applicable Law. The company has certified its compliance to the EU-U.S. Privacy Shield Framework Principles (collectively, the “Principles”) with the U.S. Department of Commerce (the “Department”). The company will provide commercially reasonable assistance to Client in responding to requests from the Department or other applicable data protection regulators in the U.S. and European Union related to compliance with the Principles. Upon request of the Department, Company may disclose the terms of this Addendum to the Department.
6. Security Safeguards. The company will use commercially reasonable efforts to implement and maintain appropriate technical and organizational measures consistent with industry standards to protect and ensure the confidentiality and integrity of Personal Information.
7. Records and Audits. The company will keep at its normal place of business records of its Processing of Client Personal Information. At Client’s reasonable request and with advance written notice, Company will use commercially reasonable efforts to make available to Client such records and information as is necessary to demonstrate its compliance with Applicable Law with respect to Personal Information and allow Client or an independent third party to conduct an audit to verify such compliance. Any such audit will be conducted (a) on reasonable advance written notice to Company; (b) no more than once per year; (c) during Company’s standard business hours; and (d) in such a manner to minimize disruption to Company’s operations. Any information provided by Company in connection with such audit must be protected as Company’s confidential information subject to a separate non-disclosure agreement entered into between Company and the recipient of such information before such audit. To request an audit, Client must submit a detailed audit plan at least 90 days in advance of the proposed audit date describing the proposed scope, duration, and start date of the audit. The client will bear the costs of such audit.
8. Security Breach. If Company has actual or constructive notice of any actual or potential Security Breach (defined below), Company will take commercially reasonable efforts to, without undue delay: (a) notify Client of the Security Breach and any third-party legal processes relating to the Security Breach; (b) help Client investigate, remediate, and take any necessary action regarding the Security Breach and any dispute, inquiry,
