Thank you for using LeadCity. These terms of service (the “Terms”) govern your website development and access to and use of LeadCity websites, services, and addons (collectively known as the “Services”).
The Services are provided by:
3121 Highway 71
Spirit Lake, IA 51360
To repeat, the development of websites, as well as all subscription services shall all be known as “Services” herein.
All information and content provided on the Website and through the Services is not intended to be used for any other commercial purpose in any manner. When you purchase LC's products and services and access such Services through the online back-end admin, you must abide by the Terms, CDA, and Privacy Policies set forth.
These Terms apply to all users of the all Services. You may use the Services only in compliance with these Terms. If you do not agree to be bound by and comply with these Terms, you may not use the Services.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to both you as an individual and to that organization.
EACH TIME YOU ACCESS AND USE THE WEBSITE AND SERVICES, YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS.
The Services are being licensed, not sold, to you by LeadCity only for use under the Terms. You do not acquire any right, title or interest in or to the Services or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.
We may need to access or otherwise process your Content solely for purposes related to the Services. You agree that we have your permission to access or process your Content for such purposes. This permission extends to 3rd parties we work with to provide the Services. Such processing includes technically administering our Services by, for example, backing up data or enabling documents in portable document format (PDF) to be edited. Also included would be CRM, lead management, transaction management, and listing management. However other services may process and use your content as necessary and deemed by LeadCity.
We will not share your Content with others, unless necessary for processing our services, unless you specifically authorize us to. You acknowledge that LeadCity has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files or any other information you may be able to access using the Services.
Regarding Transaction and Listing Management, you agree that you are responsible for not sharing, copying, or uploading forms or other files unlawfully or in violation of terms governing any third party content.
You are solely responsible for your conduct, the content of your website, CRM, TMS, LMS and all data, files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. You should have full permission to use forms for example in LeadCity. LeadCity shall not be liable for the use of forms that you as a user provide to the services for transaction management and listing management.
By using the Services, you acknowledge that LeadCity does not have any obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files or forms or any other content or information you may be able to access using the Services.
You agree that you will not upload spyware or any other malicious software to the Services.
You also agree that you will not transmit or otherwise provide any harmful or objectionable content, including content that (i) violates or infringes in any way upon the rights of others, such as any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity, (ii) impersonates another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise reasonably objectionable, or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Please be aware that adding mortgage lenders, inspectors, abstractors, attorneys or other settlement service providers to your transations and charging those lenders could have implications under the Real Estate Settlement Procedures Act (RESPA). LeadCity makes no representations about whether such arrangements comply with RESPA and is, in no way, responsible for any losses, penalties, or any other damages that could be incurred by or assessed against you or any other company or person for violations of RESPA and/or any other federal or state laws. We recommend that you consult with an attorney regarding the compliance of any arrangement with settlement service providers in regards to RESPA and/or other applicable laws.
You, and not LeadCity, are responsible for maintaining and protecting all of your Content. LeadCity will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content.
The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are at least 18 years old.
You are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password.
You are also solely responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify LeadCity of any unauthorized use of your account. Providing unauthorized use of your account to anyone else may result in penalties and fees of up to $5,000 per event. Do NOT let anyone else use your account. Attempting to allow use of your account to circumvent paying subscription fees shall result in immediate suspension as well as the fees stated above.
To repeat, LC is not responsible for any loss or damage that may arise from your failure to safeguard your login and password. You must notify LC immediately of any unauthorized use of your account.
Sending of spam email is illegal under the CAN-SPAM Act of 2003. If you violate this act, your subscription may be cancelled at any time. You are solely responsible for all legal fees associated with the occurrence and LeadCity shall not be responsible for any fines or fees associated with said occurrence resulting in penalties of fines.
Websites may contain links from other third party websites and all such websites are independent of LC. LC has no control over these third party websites and assumes no responsibility or obligations for such third party websites. The provision of such links does not constitute any endorsement of such linked websites, their content or information appearing on the Website.
For certain features of the Website and Services, you may choose to access LC's online Services using an account established with a social networking or email platform ("Social Logins"). LC has no control over these social networking or email platforms and assumes no responsibility or obligations for such social networking or email platforms. Use of Social Logins is at your sole risk.
LC may use third party payees to process payments on behalf of LC. LC has no control over any third party payee website. LC is not responsible for the security or privacy of any information submitted to a third party payee. Use of any third party payee website is at your sole risk.
In accessing and using the Website and Services, you must not:
You must have a credit card to pay for the Services unless we otherwise agree in writing. Your credit card will be automatically charged for all fees incurred under your subscription, CDA, or other custom orders and you agree that we are not required to send you any advance notice or confirmation that your credit card has been charged. If we are unable to charge a payment to your credit card or are otherwise unable to obtain payment for Services when due, we can immediately suspend or terminate your access to the Services until we receive payment from you.
You also agree that we may update your credit card information, including expiration date and card number, due to information received under account updater programs created by the payment networks. We may reflect these changes to your stored payment information to prevent payment failure or service termination. Cards issued by certain banks may not be eligible; contact your card issuer for details.
Fees are not posted on the website and are agreed upon prior to CDA, custom orders, or subscriptions.
We reserve the right to modify our fees at any time for any reason upon 30 days notice to you (unless there is a prior agreement or contract stating guaranteed rates). We may from time to time add offerings or services for which we may charge additional fees. We will not charge you for such additional offerings or services without first obtaining your consent.
Intellectual Property per Website Development, TMS, CRM, and LMS
You do not acquire any right, title or interest in the Website or Services through use of the Website or Services. You must abide by copyright and other proprietary notices contained in the Website or Services.
With the exception of third party advertising or links, LC exclusively owns all information and screens appearing on the Website and Services, including all designs, graphics, text elements, site design, logos, images, buttons, and icons. LC owns the selection, assembly, and arrangement of all information and screens appearing on the Website and Services, including any and all intellectual property rights, such as copyright, trademarks, and other proprietary information. All third party advertising and links belong to their respective owners and must not be use by you for any purpose with the prior written consent of the respective owner(s).
LC also owns the right, title and interest to all content management systems, IDX frameworks, LC templates, final design frameworks, directory software, all copy and graphics and all source code and PHP in the Website and Services.
LC and its logo are the property of LC. Certain other trademarks, trade names and logos on the Website and Services are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the Website and Services.
All content, except user content, that forms part of the Website and Services is subject to intellectual property rights, including copyright and trademarks held by or licensed by LC. All rights are reserved. The Website and Services display copyright and other proprietary notices. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including images, text, and page layout, or use any meta tags or any other hidden text utilizing our name or trademarks.
You may not use any of LC's logos or other proprietary graphic or trademark designs as part of any link.
Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect the Website and Services. Unauthorized reproduction of the Website or Services, or any portion of the Website or Services, may result in severe civil and criminal law penalties.
You must not challenge or assist others to challenge any of LC's trademarks or application to register any of LC's trademarks or attempt to register any trademarks or tradenames that are confusingly similar to any of LC's trademarks. LC respects the intellectual property of others and we ask users of the Website and Services to do the same.
If you believe that LC or a user of the Website or Services has violated your intellectual property rights, you may report the matter to firstname.lastname@example.org. LC requires you provide a written request detailing the specifics of the intellectual property infringement, a link or the URL of your original materials and a link or the URL of the infringing material, and proof of ownership of the original material or proof of first publication. If LC chooses not to remove the allegedly infringing material, we will provide you with notification. LC will remove such allegedly infringing material upon submission of legal documentation of a ruling in your favor in regards to the allegedly infringing material.
Our Designated Agent for notice of alleged copyright infringement on the Services is:
3121 Highway 71
Spirit Lake, IA 51360
Specifically, LC does not warrant that:
There are no guarantees as to being satisfied regarding SEO performance or Lead Generation performance.
There may still be times when the Services are unavailable for routine maintenance, to correct technical difficulties, or for some reasons beyond our control. Availability of the Services is subject to change at any time in our sole discretion.
The provisions in this “Termination” section apply only to you if you are not paying for the Services and no one is paying for you to have the right to use the Services.
These Terms are effective until terminated by you or us by providing 30 days written notice. Upon termination, your subscription will automatically end at the end of the month. There are no refunds. and you must stop using the Services.
You are free to stop using our Services any time by providing us with written notice at info@LeadCity.com.
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.
If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your use immediately. We reserve the right to delete any or all data files associated with your subscription, in our sole discretion, upon suspension or termination of your subscription.
The provisions of these Terms which by their nature should survive suspension or termination of your subscription shall survive, including the provisions in the “Miscellaneous” section or relating to intellectual property ownership, your obligation to pay fees, disclaimers, limitations of liability, arbitration, class actions, or jury trials.
You also agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
If there is a dispute about the Terms or the Services, the Terms in effect at the time the dispute arose shall apply.
If you and LeadCity cannot resolve any dispute after 30 days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration as normally would be provided by an arbitrator in Dickinson County Iowa, and that is where the arbitration would take place.
Any claim or dispute between you and LeadCity, and any claim by either against any agent, employee, successor, or assign of the other, including third parties, whether related to these Terms or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration. You agree that receiving the Services is a transaction involving interstate commerce. These Terms and any related arbitration proceedings will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
Either You or LeadCity may bring applicable claims in small claims court. Also, you and LeadCity each agree that any arbitration will be solely between you and us, not as part of a class wide claim. If any court or arbitrator determines that this class wide restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the class wide dispute must be brought in court.
These Terms constitute the entire and exclusive agreement between you and LeadCity with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. If you are paying for the Services or someone is paying for the Services on your behalf, the previous sentence does not apply and you remain subject to the terms of all agreements with LeadCity related to your use of the Services.
These Terms create no third party beneficiary rights.
Our failure to enforce a provision of these Terms is not a waiver of our right to do so later.
If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights in these Terms, and any such attempt is void.
LeadCity may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
LeadCity and you are not legal partners or agents; instead, our relationship is that of independent contractors.
LeadCity TMS and LMS modules use esign. We may also use esign in the means of signing contracts with agents and brokers for use of our services.
Before we can accept your personal information and allow you to sign and submit documents electronically, you need to be aware of the following information and must affirmatively agree to the following:
By utilizing LeadCity services, subscriptions, websites, development, addons, etc, then: