YOUR REPRESENTATIONS AND WARRANTIES
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have not violated and will not violate these Terms; (c) you have not previously been suspended or removed from the Service; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Company and are not using the Services for reasons that are in competition with Company or other than for the Services’ intended purpose.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND UNDER THESE TERMS AND CONDITIONS, LEAD BROTHERS INC AND IT’S OWNERS AND OFFICERS ARE NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION.
PARTICIPANTS AGREE TO USE THE SERVICES AT THEIR OWN RISK. LEAD BROTHERS INC AND IT’S OWNERS AND OFFICERS MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES OR LEAD BROTHERS INC. WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. PARTICIPANTS AGREE THAT THEY BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF DOWNLOADING OR ANY USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, Lead Brothers Inc., AND CONTENT ARE PROVIDED TO PARTICIPANTS ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS.
THIRD-PARTY SERVICES DISCLAIMER
ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF Lead Brothers Inc. (INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). PARTICIPANT AGREES THAT Lead Brothers Inc. IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS’ FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.
LIMITATION OF LIABILITY
Lead Brothers Inc. AND IT’S OWNERS AND OFFICERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO COMPUTER HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES.
THE MAXIMUM TOTAL LIABILITY OF Lead Brothers INC AND IT’S OWNERS AND OFFICERS TO YOU FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
UNDER THESE TERMS AND CONDITIONS, PARTICIPANTS AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF lEAD bROTHERS INC AND IT’S OWNERS AND OFFICERS FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any content you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules, or regulations.
ARBITRATION OF DISPUTES
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in the state of DELAWARE. Arbitration proceedings shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA by a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit Company from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Company’s or Company’s licensors’ rights in and to intellectual property or confidential information.
WAIVER OF CLASS ACTION RIGHTS
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable except with Company’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Company in any respect whatsoever. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control. You agree that any claim or cause of action arising out of or related to this Agreement or your use of the Services must be filed within two (2) years after such claim or cause of action arose or be forever barred. Use of the Services is void where prohibited by law.
TO THE EXTENT NOT SUBJECT TO ARBITRATION, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF Delaware , USA, AND YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
What personal information do we collect from the people that visit our blog, website or app?
When requesting quotes or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, City, State, Zip or other details to help you with your experience.
When do we collect information?
We collect information from you when you fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, request quotes, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested. Experts may contact you with more information regarding your specific requests and by providing them your information you are allowing them to do so if they need to.
• To send periodic emails regarding your order or other products and services
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies, some features will be disabled. It won't affect the users experience that make your site experience more efficient and some of our services will not function properly.
However, you can still request quotes.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice (like when you request a quote). This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. Adsense Policy. We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It's also important to note that we do not allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email within 3 business days.
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
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