LeadCity Terms and Conditions

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:

LeadCity
3121 Highway 71
Spirit Lake, IA 51360
1-800-484-0296

SERVICES AND PURPOSE

LeadCity offers a suite of online real estate marketing and Lead generation tools packed with attractive responsive website design & effective lead generation. Our real estate websites have everything you need to market your real estate business, including search engine friendly SEO, intuitive navigation, multiple lead capture options, detailed analytics and much more. LeadCity also offers subscriptions to paperless office and electronic signatures solutions for Transaction Management as well as Listing Management.

To repeat, the development of websites, as well as all subscription services shall all be known as “Services” herein.

Purpose:

The purposes of this Website is to:

allow you to browse information regarding LC and its products and services;
submit orders for LC's products and services;
provide LC clients with access and use of LC's products and services; and
provide information, help, and contact information for LC products and services

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 govern use of the Services

These Terms constitute a legally-binding agreement between LeadCity and you. By using the Services you agree to be bound by and comply with these Terms.

YOU SHOULD READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES.

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.

LEADCITY OWNS THE SERVICES AND MOST CONTENT

The Services and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including trademarks, service marks, trade names, trade dress), that appear in connection with the Services, are owned by or licensed to LeadCity.

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.

HOWEVER, YOU OWN YOUR CONTENT

In connection with your use of our Services you may submit documents, images, logos, and other media or data and other content (“your Content”) to the Services. Subject to ownership interests of third-parties, you will retain full ownership of your Content. We don’t claim any ownership to any of your Content. These Terms do not grant us any rights to your Content or intellectual property except for the limited rights that are needed to run the Services.

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 knowingly share or allow anyone to access your Content other than as we describe in our Privacy Policy.

YOUR PRIVACY

Any information you provide to us is subject to our privacy policy, which is incorporated in these Terms and governs our collection and use of your information. By using the Services, you consent to the collection and use of this information as provided by our Privacy Policy.

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.

INFORMATION SHARING

The Services provide features that allow you to share your Content with other agents, brokers, parties necessary to complete transactions, and others. Please consider carefully what you choose to share. LeadCity has no responsibility for that activity.

YOUR RESPONBILITIES

Every user must be a paid subscriber or be part of a package encompassing paid subscribers. You agree to provide true, accurate and complete registration information, and you will promptly provide an update if any of this information changes.

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.

PROTECTING ACCOUNTS

Use of your subscriptions is personal to you or your organization, as applicable. Except as specifically permitted by these Terms, you may not resell, assign, distribute, transfer or otherwise provide your subscription, your Login ID and/or Password to any third party.

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.

LC reserves the right to terminate any account that breaches the Terms, Product and Service Terms, Privacy Code, Privacy Policy, or any of our policies, practices, and regulations.

SPAM

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 DEVELOPED BY LC and 3rd PARTY WEBSITES

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.

USE OF WEBSITES AND SERVICES

In accessing and using the Website and Services, you must not:

reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Services, use of the Website or Services, or access to the Website or Services;
sell, transfer, copy, distribute, redistribute, translate, reverse engineer, or recompile the Website or Services
except as permitted in the Terms, use any frame or mirror of any content or images from the Website or Services to any other server or Internet-based device or use any images, including the use of thumbnails, copying, saving or recreating images or thumbnails, for any purpose;
upload, download, post, email or otherwise distribute or transmit content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate local, provincial, federal or international law or infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of third party or contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages on the Website or through the Services or send unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications through the Website or Services;
use any information or material from the Website or Services in any manner or use, post or engage in any activities that infringes a third party's intellectual property or rights of publicity or privacy;
use the Website or Services to distribute to or otherwise disseminate any material or information of any kind that is libelous, inaccurate, profane, racist, intended to bully, harass, intimidate or harm, defamatory, obscene, sexually explicit, violent, pornographic, abusive or otherwise violates any law or infringes or violates any rights, including intellectual property rights, of any other person or entity;
use the Website or Services to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items;
transmit any worms or viruses or any code of a destructive nature through the Website or Services;
deep link or employ software or any automatic device, technology or algorithm that use any robot, spider, scraper or other automated means to access the Website or Services;
provide information or participate in activities that will result in the transfer to the Website or Services of any viruses, Trojan horses, worms, corrupted files, hoaxes, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of the Website's or Services' systems, programs, content, information or applications, or that may track or monitor functionality in connection with the Website or Services, including, without limitation, to identify other users' views, actions or other activities on the Website or through the Services;
directly or indirectly engage in activity, such as click throughs, in a coercive, misleading, malicious or fraudulent manner;
bypass any measures that we have taken to restrict access to the Website or Services;
engage in activities that would interfere with the operation of the Website or Services;
impose an unreasonable load on the Website's infrastructure that would affect the operation of the Website;
use JavaScript, active or other coding, repetitive posts or other actions that interfere with the Website's or Services' operations;
advertise to, or solicit to buy or sell any products or websites through the unauthorized or impermissible use of the Website or Services;
circumvent or modify or attempt to circumvent or modify or encourage or assist any third party in circumventing or modifying any security technology or software that is part of the Website or Services or to cover or obscure online advertisements or safety features of pages of the Website or Services;
modify, adapt or hack the Website or Services or modify another website so as to falsely imply that it is associated with the Website, Services or LC;
attempt to impersonate another user, person or entity or LC representative in your use of the Website or Services or attempt to sell or otherwise transfer your rights to another third party;
use any computer program or system to mine or harvest information, including addresses or other data of users from the Website or Services, for any purpose;
post content that violates the Terms or disrupts or interferes with the security of, or otherwise abuse, the Website or Services or system resources, accounts, servers, or networks connected to or accessible through the Website or Services;
access, tamper with or use non-public areas of the Website or Services or disrupt or interfere with any other user's enjoyment of the Website or Services;
knowingly disable any technology or tool embedded in the Website or Services; and
remove any copyright or other proprietary notices contained in the content on the Website or Services, caption information, or any other material on the Website or Services.

FEES

You agree to pay all applicable fees in connection with your orders, custom development agreement, and/or subscriptions including any applicable taxes that we do not collect on your behalf. Fees are always paid for the agreed upon future period. So, if you are on a monthly plan, each payment is for the next month, same for yearly or semiyearly. There are NO refunds.

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.

COPYRIGHT AND INTELLECTUAL PROPERTY

LeadCity respects others’ intellectual property rights and expect the same out of our subscribers and users. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

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.

The look and feel of the Website and Services is copyrighted by LC. All rights are reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts.

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 info@leadcity.com. 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:

By mail:
LeadCity
3121 Highway 71
Spirit Lake, IA 51360

WARRANTY OF WEBSITES

Specifically, LC does not warrant that:

the Website or Services will meet your specific requirements;
the Website or Services will be available, uninterrupted, timely, secure, or error-free;
that any third party products or services integrated with the Services will be available, uninterrupted, timely, secure, or error-free;

There are no guarantees as to being satisfied regarding SEO performance or Lead Generation performance.

AVAILABILITY OF SERVICES

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.

TERMINATION

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.

SURVIVAL

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.

EVERYTHING BUT CUSTOM DEVELOPMENT IS “AS-IS”

ALL SERVICES BUT CUSTOM DEVELOPMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR USE BY YOU AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, LEADCITY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ANY PARENT COMPANIES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, CONTENT PROVIDERS, SERVICE PROVIDERS, VENDORS, LICENSORS, MERCHANTS, RELATED COMPANIES, ADVISORY BOARDS, REPRESENTATIVES, AND SUPPLIERS (COLLECTIVELY THE “LEADCITY ENTITIES”) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY: (1) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF INFORMATIONAL CONTENT MADE AVAILABLE THROUGH THE SERVICES; AND (3) WARRANTIES OF TITLE, NON–INFRINGEMENT,MERCHANTABILITY OR SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL LC BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM CLIENT'S USE OR MISUSE OF THE WEBSITE, EVEN IF LC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO CLIENT DATA. LC SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE FOR WEBSITE. WITH RESPECT TO THE INDEMNIFICATION SET OUT IN SECTION 7.5, IN NO EVENT SHALL LC BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT CLIENT HAS PAID TO LC, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME CLIENT'S CAUSE OF ACTION AROSE. Some jurisdictions do not permit limitations of liability and in those jurisdictions some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

INDEMNIFICATION

You agree to indemnify and hold harmless LeadCity and the LeadCity Entities from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the representations, warranties, agreements or promises made by you herein.

You also agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

MODIFICATIONS

We may revise these Terms from time to time and the most current version will always be posted on our website. Other changes may be posted to our terms page also. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you agree to stop using the Services.

If there is a dispute about the Terms or the Services, the Terms in effect at the time the dispute arose shall apply.

ARBITATION

You and LeadCity each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms. We will contact you based on the contact information you have provided us.

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.

NO CLASS ACTION

TO THE EXTENT ALLOWED BY LAW, YOU AND LEADCITY EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

NO JURY TRIAL

TO THE EXTENT ALLOWED BY LAW, YOU AND LEADCITY EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

MISCELLANEOUS

THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY IOWA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT ARE NOT GOVERNED BY THE ARBITRATION CLAUSE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN DICKINSON COUNTY, IOWA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

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.

ELECTRONIC CONSENT

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:

Your responses to all questions throughout either electronic process will be recorded and made part of your electronically signed documents.
As part of the use of electronic signatures, you may be required to create a log-in and password for future use, consisting of your unique username and a password. You must keep your password confidential as it can be used to electronically sign additional documents.
You have read and agree with the verification and security procedures in our Privacy Policy and the Terms.

By utilizing LeadCity services, subscriptions, websites, development, addons, etc, then:

You have read and understood the Terms;
You agree that your electronic signature is the equivalent of a manual signature and that we may rely on it as such in connection with any and all agreements you may enter into using the Services and any documents you electronically sign using the Services;
You acknowledge and agree that it is your obligation to immediately advise us of any change in your electronic address (i.e., email address);
You acknowledge and agree that it is your obligation to immediately advise us in the event that you withdraw your consent to use electronic means for use of Services;
You agree to the Terms set forth above;
You acknowledge and agree that the various security and verification procedures adopted by us in the Privacy Policy in connection with the documents to which you will affix your electronic signature constitute reasonable and secure security procedures; and
You acknowledge and agree that in the event that any person known to you (whether it be a family member, member of your household, or otherwise) misappropriates any of the security devices connected with your LeadCity login/electronic signature account and such misappropriation could not reasonably be detected by us, we shall have the right to treat all resulting electronic signatures as though they were affixed by you.

Terms and Conditions