Terms & ConditionsLast Updated: March 1st, 2021
Payment and FeesTo access any of the Services, you must have access to the Internet and must create an account, either on a free or paid basis. To use our paid Services, you must have a current valid accepted payment method as indicated during sign-up. When you subscribe to paid Services, your credit card or other billing method account will be billed according to current LeadRecon rates for the selected plan to prepay for the Services for the current period. Unless you advise LeadRecon before the end of the applicable period, for monthly plans you will be charged subsequently on the same day of each month until the Services are terminated, for annual plans renewals will be charged on same day of the following year to prepay usage of the Services for the next annual service period. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. You shall be responsible for any sales, value added tax or related tax related to your use of the Services and shall pay LeadRecon invoices for such tax upon request. LeadRecon does not provide refunds for the Services. Questions about LeadRecon billing are directed to firstname.lastname@example.org.
Disclaimer of WarrantiesLeadRecon SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND LeadRecon (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. LeadRecon MAKES NO WARRANTY THAT LeadRecon DATA SERVICES (A) WILL MEET YOUR REQUIREMENTS; OR (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, FULLY SECURE, OR ERROR-FREE BASIS.
Limitation of Liability and DamagesIN NO EVENT SHALL LeadRecon OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICES INCLUDING LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO LeadRecon, OR, IN THE EVENT NO FEES WERE PAID, FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability and damages which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, LeadRecon AND THE OTHER LeadRecon PARTIES' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IndemnificationYou shall defend, indemnify and hold LeadRecon harmless from all third party claims, demands or lawsuits related to (i) your use of the Services in violation of this Terms of Service, (ii) your violation of any third party right, including without limitation any right of privacy or intellectual property right; (iii) any other party's access and use of the Services with your unique username, password or other appropriate security code; (iv) your violation of any applicable law, rule or regulation; or (v) your other access, contribution to, use or misuse of the Services. LeadRecon shall provide notice to you of any such claim, suit or demand. LeadRecon reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist LeadRecon’s defense of such matter.
SupportLeadRecon includes access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by LeadRecon to respond within one business day) concerning the use of LeadRecon. All LeadRecon support will be provided in accordance with LeadRecon standard LeadRecon practices, procedures, and policies.
- You understand that SocialHP.com uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
- You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage of other LeadRecon.com customers (as determined by LeadRecon.com in its sole discretion), LeadRecon.com reserves the right to immediately disable or impose restrictions upon your account until you reduce your bandwidth consumption.
- The failure of LeadRecon.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LeadRecon.com and governs your use of the Services, superseding any prior agreements between you and LeadRecon.com (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to LeadRecon.com Media's ability to amend these Terms of Service, they cannot be changed.
- If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
- You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third-party. Subject to the foregoing, these Terms of Service shall enure to the benefit of and be binding upon you and LeadRecon.com and their respective successors (including any successor by reason of amalgamation) and assigns.
- You agree that if you sue LeadRecon.com and do not obtain judgment in your favour, you will pay all of SocialHP.com's costs, including reasonable fees for in-house and outside legal counsel.
- These Terms of Service are governed by the laws of the Province of Ontario and the applicable laws of Canada, without giving effect to any principles of conflicts of laws contained therein, and all disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in Ontario, Canada. These laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where they may lawfully be offered for use. You and SocialHP.com specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
- It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.
MiscellaneousThe laws of Ontario govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Ontario courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company. LeadRecon will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. Any failure of LeadRecon to enforce or exercise a right provided in this Terms of Service is not a waiver of that right. This Terms of Service, including any terms and conditions incorporated herein, is the entire agreement between you and LeadRecon relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and LeadRecon relating to such subject matter.
Effective: March 1, 2021