ACCEPTANCE OF TERMS
Lead Champion discover is a service provided by IntelligenceFocus.
IntelligenceFocus provides its services to its customer (hereinafter referred to as “user”) in accordance with the following Terms of Service (“ToS”), which may be updated without notice. These Terms of Service are to be considered also as a contract between IntelligenceFocus and the customer. Your use of the Service constitutes explicit acceptance of these Terms of Service and Contract.
IntelligenceFocus provides its users with access to lead analytics data as the main service, hereinafter referred to as the Service. By subscribing to our Service you agree to receive email from us as part of the Service.
- Modification to Terms
Unless otherwise agreed in written form, IntelligenceFocus reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute Your consent to such changes.
- Privacy & Security Disclosure
- License Grant & Restrictions
IntelligenceFocus hereby grants You a non-exclusive, non-transferable, worldwide right to use the Service, solely for Your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to You are reserved by IntelligenceFocus and its licensors. You may not access the Service if You are a direct competitor of IntelligenceFocus, except with IntelligenceFocus’ prior written consent. In addition, You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way
- modify or make derivative works based upon the Service or the Content
- create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device
- reverse engineer or access the Service in order to:
- build a competitive product or service
- build a product using similar ideas, features, functions or graphics of the Service
- copy any ideas, features, functions or graphics of the Service.
User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for Your internal business purposes and shall not:
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs
- interfere with or disrupt the integrity or performance of the Service or the data contained therein
- attempt to gain unauthorized access to the Service or its related systems or networks.
- Your Responsibilities
You are responsible for all activity occurring under Your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall:
- notify IntelligenceFocus immediately of any unauthorized use of any password or account or any other known or suspected breach of security
- report to IntelligenceFocus immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by You or Your Users
- not impersonate another IntelligenceFocus user or provide false identity information to gain access to or use the Service.
- Account Information and Data
IntelligenceFocus does not own any data, information or material that You submit to the Service in the course of using the Service (“Customer Data”). You, not IntelligenceFocus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and IntelligenceFocus shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of Your breach), IntelligenceFocus will not make available to You any data from the day of service termination. IntelligenceFocus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Your non-payment. Upon termination for cause, Your right to access or use Customer Data immediately ceases, and IntelligenceFocus shall have no obligation to maintain or forward any Customer Data. IntelligenceFocus will not share information associated with You or your Site with any third parties unless IntelligenceFocus:
- has Your consent
- concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of IntelligenceFocus, its users or the public
- provides such information in certain limited circumstances to third parties to carry out tasks on IntelligenceFocus’ behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by IntelligenceFocus. When this is done, it is subject to agreements that oblige those parties to process such information only on IntelligenceFocus’ instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
- Intellectual Property Ownership
IntelligenceFocus alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the IntelligenceFocus Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Service, the IntelligenceFocus Technology or the Intellectual Property Rights owned by IntelligenceFocus. The IntelligenceFocus name, the IntelligenceFocus logo, and the product names associated with the Service are trademarks of IntelligenceFocus or third parties, and no right or license is granted to use them.
- Third Party Interactions.
During use of the Service, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third-party. IntelligenceFocus and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party.
- Charges and Payment of Fees
You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide IntelligenceFocus with valid credit card as a condition to signing up for the Service. IntelligenceFocus reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to You, which notice may be provided by e-mail. No refund is provided for fees or charges paid by the user upon buying and using of the Service.
You agree to provide IntelligenceFocus with complete and accurate billing and contact information. This information includes Your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, IntelligenceFocus reserves the right to terminate Your access to the Service in addition to any other legal remedies. Unless IntelligenceFocus in its discretion determines otherwise all the entities will be billed in U.S. dollars or Euros.
- Non-Payment and Suspension
In addition to any other rights granted to IntelligenceFocus herein, IntelligenceFocus reserves the right to suspend or terminate this Agreement and Your access to the Service if Your account becomes delinquent (falls into arrears). In case your account becomes delinquent (fail in credit card payment) your account will be suspended until the payment will not be processed correctly and for a maximum period of 30 days, after which the license agreement will be terminated. You will continue to be charged for User licenses during any period of suspension. If You or IntelligenceFocus initiates termination of this Agreement, You will be obligated to pay the balance due on Your account computed in accordance with the Charges and Payment of Fees section above. You agree that IntelligenceFocus may charge such unpaid fees to Your credit card. You agree and acknowledge that IntelligenceFocus has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if Your account is 30 days or more delinquent.
- Termination upon Expiration/Reduction in Number of Licenses
This Agreement commences on the Effective Date. The Initial Term will be as You elect during the online subscription process. Upon the expiration of the Initial Term, this Agreement will not automatically renew. Either party may terminate this Agreement or reduce the number of add-ons, effective only upon the expiration of the then current License Term, by changing the online settings. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination.
- Termination for Cause
Any breach of Your payment obligations or unauthorized use of the IntelligenceFocus Technology or Service will be deemed a material breach of this Agreement. IntelligenceFocus, in its sole discretion, may terminate Your password, account or use of the Service if You breach or otherwise fail to comply with this Agreement. In addition, IntelligenceFocus may terminate a free account at any time in its sole discretion. You agree and acknowledge that IntelligenceFocus has no obligation to retain the Customer Data, and may delete such Customer Data, if You have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
- Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. IntelligenceFocus represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online IntelligenceFocus help documentation under normal use and circumstances. You represent and warrant that You have not falsely identified Yourself nor provided any false information to gain access to the Service and that Your billing information is correct.
- Disclaimer of Warranties
IntelligenceFocus makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service. IntelligenceFocus does not provide any guarantee regarding the accuracy, precision, updating, quantity and quality of data provided by the Service. The service and all content is provided to you strictly on an “AS IS” basis.
- Limitation of Liability
In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. in no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this Service.
- Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to You.
- Assignment; Change in Control
This Agreement may not be assigned by You without the prior written approval of IntelligenceFocus but may be assigned without Your consent by IntelligenceFocus to:
- a parent or subsidiary
- an acquirer of assets
- a successor by merger.