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 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.
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 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 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.