HUSHLEADS, A DIVISION OF LEADTIP INC, OPERATES A WEBSITE WWW.HUSHLEADS.COM. THE FOLLOWING DESCRIBES THE TERMS ON WHICH HUSHLEADS OFFERS YOU ACCESS TO OUR WEBSITE AND SERVICES. PLEASE READ THESE TERMS OF USE AND THE HUSHLEADS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND HUSHLEADS'S PRIVACY POLICY, AND THAT YOU ACCEPT AND WILL BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT PARTICIPATE IN THIS SITE. HUSHLEADS RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AND THE PRIVACY POLICY FROM TIME TO TIME AT ITS SOLE DISCRETION.
HushLeads provides a anonymous and secure venue for buyers and sellers of prospective sales opportunities ("Leads") to find each other in order to buy and sell Leads ("Service"). Before you may participate in this service, you must read and accept these Terms of Use and HushLeads's Privacy Policy posted at http://www.hushleads.com/page/terms. By continuing your access to and use of HushLead's website and services, you agree that these Terms of Use and HushLead's Privacy Policy will govern your access and use. HushLeads reserves the right to refuse access and/or use of the Service at any time in its sole discretion
Subject to your compliance with the Terms of Use and to the accuracy of the representations and warranties included herein, HushLeads grants you a limited, revocable, nonexclusive license to access the HushLead website and to participate in the Service for your own personal or business use. Use of the Service beyond the scope of authorized access or in violation of any of the Terms of Use will immediately and automatically terminate this license. You represent and warrant that: (a) all of the information you provide to HushLeads is correct and current; (b) you have all necessary rights, power, and authority to agree to these Terms of Use, to post the content on the Site and make any other information available to others resulting from a transaction, and to perform the acts required of you hereunder; and (c) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations in your performance of any acts in connection to your use of the Site or the Service.
You understand that all Leads, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person posting, transmitting or linking to such Content. You acknowledge and agree that HushLeads does not control the Content that is made available on the website or through the Service. Nevertheless, HushLeads shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is posted or made available via the Service where HushLeads is notified that such Content is violating the letter or spirit of these Terms of Use, or violating or infringing the rights of any person or entity.
You are entirely responsible for each individual item of Content that you post, transmit, link to or otherwise make available via the Service. You warrant that you are the author and owner of the intellectual property rights thereto, or otherwise have the right to post the Content and to grant access to and use of it via the Service. By posting, transmitting, linking or otherwise making available Content via the Service, you automatically grant HushLeads (and to its agents, subsidiaries, affiliates, and partners, and their respective directors, officers and employees) a worldwide, perpetual, irrevocable, royalty-free, transferable right and license (with the right to sublicense in connection with the Service) to use, copy, publish, modify, adapt, translate, create derivative works from and delete such Content, in part or in its entirety, and/or sell and/or distribute such materials without compensation or accounting to you. None of the materials shall be subject to any obligation of confidentiality on the part of HushLeads.
You agree that in your use of the Service You shall not:
HushLeads seeks to keep our Site and our Service working properly and reliably. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, HushLeads may limit, suspend or terminate our Service and user accounts, prohibit access to our site and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, HushLeads may, in appropriate circumstances and at our discretion, suspend or terminate listing of users who may be infringers of intellectual property rights of third parties.
HushLeads seeks to respect the confidentiality of trade secret information and the proprietary rights of users and third parties. HushLeads reserves the right to take down any content posted on the Site about which it receives credible actual notice of possible infringement or misappropriation. Upon receipt of such a notice, HushLeads will promptly remove the offending content from the active Site and will notify the originator of the content of its action and the reasons for it. The originator of the content may request that the content be reinstated by delivering to HushLeads a formal written request for reinstatement and agreeing in writing to hold harmless and indemnify HushLeads from and against any and all claims, liability, damages and costs (including attorneys fees) that HushLeads may incur by reason of the reinstatement. The originator's request must include all of the requirements dictated by the Digital Millennium Copyright Act, Title 17 USC Section 512(g)(3). Whether to reinstate the content shall be at the option of and in the sole discretion of HushLeads. For the purpose of this section, notices to HushLeads shall be given in accordance with the Notices provision of these Terms of Use.
HushLeads cannot ensure that use of the Service will result in a valid sales lead transaction. HushLead has no control over the quality, safety or legality of the Lead sold, and does not become involved in the transaction in any way.
HushLeads does not transfer legal ownership or other rights to any information from the Seller to the Buyer of a sales lead. Any right or license to access or use the information provided by the Seller to the Buyer in connection with a completed transaction is solely and exclusively a matter between them. Further, HushLeads cannot guarantee continuous or secure access to the Site or Service, and operation of our Site and Service may be interfered with by numerous factors outside of our control.
ACCORDINGLY, ALL CONTENT SOLD, TRANSFERRED OR DELIVERED IN CONNECTION WITH THE USE OF THE SITE OR SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND FROM HUSHLEADS. THERE CAN BE NO ASSURANCE THAT THE SALE OF A LEAD WILL RESULT IN A VIABLE PROSPECT OR FURTHER SALES OR TRANSACTIONS. TO THE EXTENT LEGALLY PERMITTED, HUSHLEADS EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS NOT SPECIFICALLY SET FORTH IN THESE TERMS OF USE. HUSHLEADS IS NOT LIABLE FOR ANY LOST PROFITS OR LOSS OF MONEY, GOODWILL OR REPUTATION, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL, DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, SERVICES AND TOOLS. UNDER NO CIRCUMSTANCES WILL HUSHLEADS OR ITS AGENTS, CONTRACTORS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO ANY PARTICIPANT IN THE SERVICE FOR LOSS, COSTS OR DAMAGES FOR MORE THAN USD $10 IN THE AGGREGATE. THIS AMOUNT WILL NOT BE INCREASED BY MULTIPLE CLAIMS..
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, some of the foregoing exclusions or limitations may not apply to you.
In the event that you have a dispute with one or more users of the Service, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge HushLeads, its officers, directors, parents, subsidiaries, employees, attorneys, predecessors, successors, assigns and agents from all claims, demands and damages (of any kind and nature, whether consequential or actual) whether known or unknown, concealed or hidden, fixed or contingent, concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of Section 1542 of the California Civil Code (or any comparable statute of any other state). Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
In addition, You hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
You agree to indemnify, defend and hold HushLeads, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to your use of the Service, the HushLead Site, and/or your breach of any term of these Terms of Use.
You agree not to disclose HushLeads Confidential Information without HushLeads prior written consent. "HushLeads Confidential Information" includes, but is not limited to: (a) all HushLeads software, technology, programming, specifications, materials, guidelines and documentation relating to the Service; (b) HushLeads rates or other statistics relating to performance of the Service provided to you by HushLeads. HushLeads Confidential Information does not include (i) information that has become publicly known through no breach of obligations of confidentiality by you or any third party; (ii) non-confidential information that has been rightfully received by you from a third party; or (iii) information that you are required to disclose by law or by a governmental authority, but only to the extent of such requirement.
You acknowledge that as between you and HushLeads, HushLeads owns all right, title and interest, including without limitation any and all rights existing from time to time under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide, in and to the Site and the Service, and that you do not acquire any right, title, or interest in or to the Site or the Service by your use of either of them. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any HushLeads service, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Service or proprietary information related thereto. You will not remove, obscure, or alter HushLeads copyright notice, trademark notice, or other proprietary rights notices affixed to or contained within any HushLeads service, software, or documentation.
HushLeads does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the HushLeads Privacy Policy. We view protection of users' privacy as very important. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the HushLead Privacy Policy located at the following web address: http://www.hushleads.com/page/terms If you object to your information being transferred or used in this way please do not use our services.
HushLeads is located at 10761 Gascoigne Drive, Cupertino CA 95014.
Except as explicitly stated otherwise, legal notices shall be served on HushLeads by sending an e-mail to legal [at]hushleads.com (in the case of HushLeads) or to the email address you provide to HushLeads during the listing process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
In accordance with Cal. Civ. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
These Terms of Use govern your use of the Service, superseding any prior agreements between you and HushLeads. These Terms of Use and the relationship between you and HushLeads shall be governed by the laws of the State of California, without regard to its conflict of law provisions. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and HushLeads agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of HushLeads to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties agree that the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of a ny statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. HushLeads shall be excused for any problem due to a factor beyond its control. Any modifications to these Terms of Use will be posted on the HushLeads Site and will be deemed accepted by your continued participation in the Service after such terms have been updated by HushLeads. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use or your use of the Site or the Service.
