Terms & Conditions

Please carefully read and understand these terms and conditions of use and sale (referred to as “Terms”) before accessing, using, or subscribing to or placing an order over http://www.leadpulse.co or any other sites that link to these Terms.

These Terms include disclaimers of warranties and limitations of liabilities, including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action (refer to sections 11, 17, 18, and 19). Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in section 19. These Terms are an essential basis of our agreement.

The utilization of www.leadpulse.co or other linked sites (referred to as “Websites”), which are owned and maintained by LeadPulse CRM, Inc d/b/a LeadPulse CRM Inc. (“LeadPulse,” “we,” “our,” “us”), is subject to these Terms. We provide the Websites, along with all the information, tools, and services they offer, to you as the user. Your acceptance of all the terms and conditions outlined here is required in order for you and your business (including any sub-users) to access, use, subscribe, or place an order via the Websites. If you do not agree to these Terms in their entirety, you are not permitted to utilize the Websites in any manner or form.

This is a legally binding agreement. These terms, along with our privacy statement and data processing addendum, create a binding agreement between you and your business (“you”) and LeadPulse. This agreement governs your access to and use of the website and the services provided by LeadPulse, any order you make through the website, by phone, or any other accepted method of purchase, and, if applicable, your use or attempt to use the products or services offered on or through the website. Please print and keep a copy of this agreement for your records.

SECTION 1 – USAGE OF THE WEBSITE

The purpose of the Website is for adult-operated businesses. By utilizing the Website, you confirm that you are either 18 years of age or older, or of legal age in your state or province of residence (whichever is higher), and that you operate a business. Additionally, you must possess the legal ability to enter into a binding contract with us and have thoroughly read and comprehended this Agreement, agreeing to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS – LICENSE TERMS

All elements of our Website are safeguarded by Canadian and international laws concerning copyright, trademarks, and other forms of intellectual property. This includes all content, information, design elements, textual material, logos, taglines, meta tags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. It is strictly prohibited to copy, reproduce, distribute, republish, upload, display, post, or transmit any material found on the Website. The LeadPulse trademark and logo are exclusive marks owned by LeadPulse and their use is strictly forbidden. By no means does this grant you the right to use, copy, register as a domain name, reproduce, or display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information that belongs to LeadPulse.

In order for you to continue adhering to these Terms, LeadPuse grants you a revocable, limited, non-exclusive, royalty-free, non-sub-licensable, non-transferable license to utilize the Website. It is important to acknowledge and agree that you do not gain any ownership rights in any material that is protected by intellectual property laws.

If you decide to purchase a subscription to LeadPulse software through the website, LeadPulse grants you a limited, non-exclusive, non-transferable license to use the software, which can be revoked. It is important to acknowledge and agree to the following terms: (1) The software is protected by copyright laws in Canada and internationally, and LeadPulse is the sole owner of this copyrighted material. (2) You do not gain any ownership rights to the software. (3) You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale, or creating derivative works from the software’s content. (4) Without the express written permission of LeadPulse, you may not copy, redistribute, publish, display, or commercially exploit any material from the software, except as otherwise expressly permitted under copyright law. (5) If you are permitted to make copies of the software (for example, from the website to your computer system), you are not allowed to make any changes to or delete any author attribution, trademark, legend, or copyright notice.

You acknowledge and agree that you will not utilize or make an attempt to utilize the LeadPulse website or any software provided by LeadPulse, either on its own or in combination with other software or hardware, in a manner that is illegal or detrimental to LeadPulse. Furthermore, you agree not to engage in any harmful or unlawful activities, or attempt to do so, either directly on the website or through the utilization of any software or hardware. This includes, but is not limited to, refraining from:

HARMFUL OR PROHIBITED ACTS

Engaging in any form of dishonest or unethical business practice, violating the law, causing harm to the reputation of LeadPulse, engaging in hacking or other digital or physical attacks on the Website, engaging in scraping, crawling, downloading, screen-grabbing, or any other unauthorized copying or transmission of content on the Website, introducing, transmitting, or storing viruses or other malicious code, interfering with the security or operation of the Website, framing or mirroring the Website, creating, benchmarking, or gathering intelligence for a competitive offering, infringing upon another party’s intellectual property rights, including failing to obtain permission to upload, transfer, or display works of authorship, intercepting or expropriating data, engaging in deceptive manipulation of media, and violating the rights of LeadPulse or any third party are all considered harmful or prohibited acts.

“SPAMMING” AND UNSOLICITED COMMUNICATIONS

At LeadPulse, we have a strict policy against spam and unsolicited communications. We do not tolerate any form of communication that is considered “spamming” or any other type of unsolicited solicitations, including social media posts or blog comments. Sending or authorizing such communications is not only detrimental to our reputation but also infringes on the rights of third parties. It is solely your responsibility to ensure that all of your business communications adhere to state and local anti-spamming laws. We take this matter seriously, and any violation of our policy will be treated as a serious offence.

OFFENSIVE COMMUNICATIONS

Any form of communication that you send, post, or approve, including but not limited to messages on websites operated by you, social media posts, or blog entries, must not contain content that is sexually explicit, obscene, vulgar, or pornographic. Additionally, it should not be offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, discriminatory, misleading, false, or misinforming. Furthermore, it should not depict graphic violence or encourage unlawful behaviour.

SENSITIVE INFORMATION

Engaging in any form of illicit business activity, which encompasses activities such as multi-level marketing (unless in accordance with the FTC’s Business Guidance on Multi-Level Marketing), endorsing the sale or use of illegal substances (such as Marijuana-derived CBD Oil), or encouraging the violation or promotion of another party’s intellectual property rights is strictly prohibited.

ILLEGAL BUSINESS ACTIVITY

Engaging in any form of illicit business activity, which encompasses activities such as multi-level marketing (unless in accordance with the FTC’s Business Guidance on Multi-Level Marketing), endorsing the sale or use of illegal substances (such as Marijuana-derived CBD Oil), or encouraging the violation or promotion of another party’s intellectual property rights is strictly prohibited.

LeadPulse has specific requirements for electronic communications. Here are some best practices to follow:

  1. Use permission-based marketing electronic communications lists. This means only sending emails to individuals who have willingly opted-in to receive your communications.
  2. Make sure to include an “unsubscribe” option in every marketing email. This allows recipients to easily opt out of your mailing list. Please note that certain receipt/transactional messages may be exempt from the “unsubscribe” requirement as specified by applicable law.
  3. Promptly comply with any requests from recipients to be removed from your mailing list. You must honor these requests within ten (10) days of receiving them or by the deadline set forth in applicable law, whichever comes first.
  4. Please ensure that you have a privacy policy in place that adheres to all relevant legal requirements, regardless of whether you have control over the sending of electronic communications.
  5. Include a link to your current privacy policy in each electronic communication, ensuring that it is applicable to that specific communication.
  6. Include either your valid physical mailing address or a link to that information in every electronic communication.
  7. Avoid sending electronic communications to addresses that have been obtained from purchased or rented lists.
  8. Obtain proper permission from third parties before using their electronic addresses, domain names, or mail servers.
  9. Refrain from routinely sending electronic communications to non-specific addresses such as webmaster@domain.com or info@domain.com.
  10. Do not engage in spamming activities.
  11. It is strictly prohibited to conceal the origin or subject matter of any electronic communications or to falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
  12. Sending offers to obtain or attempt to obtain personal information, or generating leads, for third parties is not allowed.
  13. Sending “chain letters,” “pyramid schemes,” or any other types of electronic messages that encourage the recipient to forward the content to strangers is also prohibited.
  14. Sending messages to lists of addresses that are programmatically generated or scraped from the Internet is not permitted.
  15. Engaging in sending practices or having overall message delivery rates that may cause harm to our services or other users of our services is strictly forbidden.
  16. Sending messages that may be considered junk mail, such as those related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), direct-to-consumer pharmaceutical sales, and payday loans, is prohibited.

Furthermore, you agree to conduct yourself and all of your businesses in full compliance with all applicable laws.

SECTION 3 – OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We hold a high regard for your privacy and the use and safeguarding of your confidential personal information. Your provision of personal information through the Website is regulated by our Privacy Statement, and if you or your end users are situated in the European Union or United Kingdom, our Data Processing Addendum (DPA) as well. You can access our Privacy Statement at https://leadpulse.co/privacy-policy. LeadPulse retains the right to make reasonable modifications to its Privacy Statement and DPA periodically. Our Privacy Statement and DPA are included as part of this Agreement through reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

As a user of LeadPulse, it is necessary for you to create an account on our platform. It is important that the information you provide during the registration process is honest and accurate, and that you are not attempting to impersonate someone else. You are solely responsible for maintaining the confidentiality of your password for accessing your LeadPulse account. It is strictly prohibited to share your password or username with any third party or to allow anyone else to use or access your account. Additionally, you are also responsible for keeping any confidential or non-public information shared with you as a LeadPulse user secure. This includes technical details, pricing information, our business strategy, as well as data related to other current or past LeadPulse users and their customers.

Accounts in which you host funnels for third parties, known as “agency accounts,” are not allowed. If LeadPulse determines, based on your usage data, that you are operating an agency account, LeadPulse reserves the right to cancel your user account or impose enhanced pricing, at its sole discretion. You are fully responsible for all transactions and information communicated to LeadPulse under your user account. It is your responsibility to promptly inform LeadPulse of any unauthorized use of your password, username, or any security breach related to your user account. Failure to comply with these obligations may result in loss or damage for which LeadPulse will not be held liable, and you agree to hold LeadPulse harmless. For further details, please refer to Section 21 below.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

To ensure the acceptance of your order, payment must be made before we can proceed. If any necessary information is missing or inaccurate, we may request additional details and have the right to cancel or restrict your order at any time. It’s important to note that receiving an electronic or any other form of order confirmation does not indicate our acceptance of your order. If you need to modify or cancel your pending order, please contact us immediately at contact@leadpulse.co. However, please be aware that we cannot guarantee that we will be able to fulfill your request to amend your order according to your instructions.

All items are subject to being in stock. If any item is not available, we will inform you, provide an expected availability date, and may suggest an alternative product or service. In the event that a product or service is delayed and you do not wish to substitute it, we will cancel your order upon request. If you have already been charged, a full refund will be issued for that specific order. We retain the right to limit the sale of our products and services to individuals, specific geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis at our sole and absolute discretion.

In order to proceed with your purchase order for products and additional services, it is necessary for you to confirm once again your acceptance of this Agreement.

All prices that have been advertised are denoted in Canadian Dollars, and all payments must be made in the same currency.

SECTION 6 – REFUNDS FOR DIGITAL PRODUCTS OR SUBSCRIPTIONS

Discounted offers, subscription or lifetime plans, as well as products delivered in electronic (digital) format, are non-refundable. Once a purchase is made, it is considered final and no exceptions will be made.

If you wish to cancel your subscription with us, simply login to your account and navigate to the billing section. From there, you can easily cancel your subscription with just a click of a button. Alternatively, you can send an email to contact@leadpulse.co to request cancellation.

Please note that if you decide to cancel your subscription, you will still have access to all the benefits until the end of the current billing period. However, no refunds will be issued for any portion of the subscription fees paid for the current or previous billing periods.

Avoid waiting until the conclusion of a billing or subscription period to submit a request for cancellation, as it usually takes 2 to 3 business days to process such requests once received. To expedite the process, we suggest sending an email instead of postal mail, as it takes longer for us to receive physical correspondence. Additionally, providing your account or subscription number, if applicable, can help speed up the request fulfillment.

We will notify you of the cancellation of your subscription through either email or traditional mail.

SECTION 7 – TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

If you choose to take advantage of our complimentary trial of LeadPulse, the trial will commence promptly upon your registration and last for the duration specified on the Website at the time of your registration. The opportunity to participate in a free trial of LeadPulse is exclusively offered to new subscribers during specific time periods outlined on the Website. Individuals who have previously subscribed or have already availed themselves of a free trial subscription to LeadPulse are not eligible for an additional trial period.

LeadPulse will send you an email reminder seven days before your trial ends, notifying you that you will be charged. If you do not wish to continue your subscription after the free trial period, you must notify us at least 24 hours prior to the end of the trial. You can do this by submitting a cancellation request to our support email address contact@leadpulse.co or by cancelling your trial through your Account Dashboard, as explained here. Failure to contact us within the specified time frame will result in your subscription automatically continuing and your payment card being charged the full monthly membership fee stated at the time of enrollment. LeadPulse reserves the right to change the monthly membership fee at any time. If there are any changes to the fee after you have subscribed, we will inform you via email and offer you the opportunity to cancel your subscription.

If you desire to terminate your LeadPulse membership (which includes services) after the conclusion of a trial or discounted period, you must send us a cancellation request via our support email address contact@leadpulse.co or through your Account Dashboard, as outlined here. For monthly memberships (including services), we mandate a minimum of ten (10) days’ advance notice of cancellation by email. Should you provide such notice less than ten (10) days prior to the commencement of your next subscription month, your credit card may still be charged. You will not have the right to receive a prorated refund for your final month’s usage, nor will you be eligible for any reimbursement for payments made to LeadPulse. LeadPulse reserves the right, at its sole discretion, to impose a cancellation fee equivalent to the discounted amount of the subscription.

SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

A LeadPulse user is responsible for making all necessary payments to LeadPulse in relation to their monthly subscription as outlined in these Terms. The initial payment, as stated in these Terms, is due upon the creation of the user account, and the monthly fee must be paid in order to gain access to the services, either after the completion of the free trial period or if the automatic subscription has not been cancelled. On a monthly basis, your account will be charged the subscription fee for the upcoming month, along with any applicable taxes, as well as any additional fees for the following month’s subscription and any outstanding charges from previous periods (collectively referred to as “Fees”). The LeadPulse user remains responsible for fulfilling their payment obligations under these Terms, regardless of whether they utilize any of the services provided by LeadPulse.

Users have the option to make payments using either a credit card or a debit card. We will collect payment details through our secure system for financial data collection. It is important to note that we store transaction-related data, such as the last four digits and expiration date of the card used for the purchase, as well as information about when the payment is due. Additionally, please be aware that payments are recurring and will be charged in accordance with the payment terms specific to the service purchased. This authorization grants us the right to automatically collect payments for the designated service, such as on a monthly basis and for a predetermined amount, unless the subscription is cancelled following the terms outlined in our agreement.

If you are a LeadPulse user and have a monthly subscription, and if you have given us a valid credit or debit card number or another accepted payment method, each payment will be automatically processed on your designated payment date (monthly) and charged to the payment method you provided when you enrolled. If you want to cancel your LeadPulse subscription, you can do so by accessing your account dashboard or by sending an email to contact@leadpulse.co at least ten (10) days before the start of your next subscription month.

LeadPulse has the authority to promptly cancel a user’s account and/or service if any portion of the subscription remains unpaid, regardless of whether notice is given. The termination of service does not release or excuse the user from any responsibility to settle outstanding charges or expenses. If LeadPulse initiates any collection procedures, you will be held accountable for all associated costs, including legal fees and expenses, as outlined in Section 20 below.

Furthermore, in addition to any Fees, LeadPulse has the right to impose applicable value-added or other taxes.

SECTION 9 – SHIPPING FEES

Unless otherwise specified on the Website during the time of purchase, if we send you a physical product, we retain the right to include applicable shipping and handling fees to your order. Unless stated otherwise, we will make reasonable efforts to fulfill your order within a reasonable timeframe after receiving your properly completed and verified order. It is essential to provide accurate shipping address and phone number information. While we may provide estimated delivery or shipment timeframes, these dates are approximate and subject to change. If there is a delay in your order, we will reach out to you at the email address you provided when placing the order. In the event that we are unable to contact you or if you wish to cancel your order, we will cancel it and refund the full amount charged. We are not responsible for any loss, damage, cost, or expense resulting from delays in shipment or delivery caused by third-party carriers or other delivery services not owned or controlled by us. The responsibility for loss and ownership of such items transfers to you once we have delivered them to any third-party carrier.

SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

The products, services, and pricing details can be found on the following website: https://leadpulse.co/pricing-plans/. However, please note that these details are subject to change. Any changes to the prices will take effect on the first day of the month following the posting of the price change. When you access, use, subscribe, or place an order through the website, you give LeadPulse permission to charge your account for the selected services, including any future price adjustments. If you decide to downgrade your services, the downgrade and corresponding price reduction will take effect on the first day of the following month. Unless you cancel your subscription as outlined in the terms and conditions, LeadPulse will continue to charge your credit card on a monthly basis for the products and services you have chosen. You also agree to be notified via email about any changes in pricing for the services you are subscribed to.

LeadPulse strives to maintain accurate pricing and descriptions of the products displayed on our website. We take reasonable measures to ensure that the prices listed on the website are correct and that the items are accurately described and displayed. In the event that the actual price of a product is higher than the stated price, we have the option to contact you for further instructions or cancel your order and inform you of the cancellation. Our goal is to provide you with the best possible shopping experience by ensuring transparency and clarity in our pricing.

When making a purchase of products or services, it is important to be aware that LeadPulse cannot guarantee the accuracy, completeness, currency, or error-free nature of the product or service descriptions. Additionally, there is no assurance that the packaging will match the actual product received. It should be noted that all sales are considered final, unless specified otherwise in Section 6 of the Terms. It is important to clarify that any descriptions or references made by LeadPulse regarding products or services not owned by them are not meant to imply endorsement or serve as a warranty.

SECTION 11 – DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY

Each online business is unique, employing various strategic approaches and organizational structures, while also offering a diverse range of products and services. As a result, the outcomes experienced by each user will differ. The specific results your business achieves will be influenced by a variety of factors that are specific to your business alone. These factors may include your content, business model, as well as the products and services you offer. It is important to understand that these individual factors contribute to the variation in results among different businesses.

LeadPulse cannot guarantee or promise the success, income, or sales of your business. It should be understood and acknowledged that LeadPulse will not provide any sales leads or referrals to you or your business. Businesses that purchase our products or services will have access to software and tools that can assist with creating internet sales funnels and improving their online presence. However, we cannot guarantee the success of your business due to various market factors beyond our control. The effectiveness of the software and tools we provide may vary depending on the nature of your specific business. Additionally, we do not make any claims about potential earnings, efforts, return on investment, or specific monetary gains for your business. There is a possibility that you may not recoup your initial investment.

We do not offer any business opportunities, programs promising instant wealth, guaranteed systems, franchise systems, or pre-packaged businesses for sale. If you are seeking such offerings, our products or services are not suitable for you. Instead, we recommend purchasing our products or services with the understanding that they require time and effort to utilize effectively. Their applicability may vary depending on the circumstances. Furthermore, please note that we do not provide tax, accounting, financial, or legal advice. For guidance on these matters, we advise consulting with your business accountant, attorney, or financial advisor.

SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You confirm and guarantee that you operate a business in a reputable manner and agree that there are no ongoing or previous government inquiries or legal actions against you or your business. You also agree that both you and your business will exclusively utilize the products and services of LeadPulse for lawful purposes, and you shall not employ such products or services, either alone or in conjunction with other software, hardware, or services, for any unlawful or detrimental intentions. It is your sole and absolute responsibility to adhere to all applicable laws and regulations in the operation of your business. This includes, but is not limited to, compliance with advertising and marketing regulations, subscription and refund policies, premium offers, tax laws, and any other laws that pertain to your business. In the event that any investigation or legal action is threatened or initiated against you, you agree to promptly notify LeadPulse, which reserves the right to terminate this Agreement without incurring any liability.

LeadPulse assumes no responsibility for any violations of laws committed by you. It is your sole and exclusive responsibility to gather and disclose any applicable sales and use taxes, as well as any other taxes, that may be imposed on the sale of your business’s products or services. This includes taxes that may be levied on voluntary customer donations (as explained in Section 13). LeadPulse is not obligated to collect or report any taxes that may be applicable to your business or its sales. In the event that you or your business violates any law and a claim is made against LeadPulse, you agree to indemnify LeadPulse as stated in Section 21 below.

SECTION 13 – COMMISSIONS PROGRAM AND INDEPENDENT LEADPULSE AFFILIATE PROGRAM

As a LeadPulse user, if you choose to become an affiliate partner, you have the chance to earn a commission when a new individual, referred to as a “Prospect,” signs up for a paid LeadPulse account using your unique Affiliate Link. Once the fourteen-day trial period ends and the Prospect makes a payment, a “Sale” is recorded, and this becomes a “Sold Account.” By becoming an affiliate partner, you can profit from the success of others who choose to utilize LeadPulse.

The current Commission rate starts at 25%. Once you earn a Commission of $100 (CAD) or more, you will be required to register with our third-party payment provider in order to receive payment. This will involve granting authorization for third-party companies to contact you. Before you can receive payment, certain information must be provided, such as a completed W-8 or W-9 form, among other possible requirements. Failure to submit the necessary information within 120 days of earning your Commission will result in the permanent forfeiture of all rights to the Commission.

If you do not live in the United States, you may be subject to having taxes withheld, as required by the law. It is your responsibility to ensure that you abide by all tax laws in your specific jurisdiction(s), which includes paying any necessary taxes and submitting all required documents to the relevant governing authority(ies). This includes but is not limited to taxes such as VAT.

LeadPulse presents an opportunity for individuals to become independent affiliates of LeadPulse. As an affiliate, you have the chance to earn extra income by selling LeadPulse accounts to other users. However, this opportunity is subject to your acceptance of the terms outlined in the LeadPulse Affiliate agreement. It is important to note that LeadPulse holds the exclusive right to determine the amount of remuneration each affiliate will receive for their efforts. The details regarding affiliate commission can be found within the Affiliate Agreement. It is crucial to clarify that affiliates are considered independent contractors and not employees or agents of LeadPulse. Therefore, they do not possess the authority to act on behalf of or bind LeadPulse. Affiliates are solely responsible for all costs and expenses incurred. Sections 18 and 20, along with all other terms in this agreement, apply to affiliates and govern the relationship between LeadPulse and each individual affiliate.

To eliminate any confusion, all provisions in these Terms are applicable to you as an Affiliate, unless explicitly stated otherwise.

SECTION 14 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

LeadPulse values the feedback of our users and customers and appreciates any comments you may have about our services and products. We are open to using testimonials and product reviews, either in their entirety or in part, along with the name, city, and state of the individual who submitted them. These testimonials can be utilized in various activities related to LeadPulse’s services or products, both in print and online media, as determined solely by LeadPulse.

It is important to note that testimonials reflect the unique experiences of the participants and customers who provided them and may not necessarily reflect the experience that you and your business will have when using our services or products. As stated in Section 11, the results of your business may vary due to a variety of factors specific to your business and external market influences that are beyond LeadPulse’s control.

Please be aware that any testimonials, photographs, or other information you provide to us will be considered non-confidential and nonproprietary. By providing this information, you grant LeadPulse a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them.

Furthermore, LeadPulse retains the authority to rectify grammatical and typing mistakes, abbreviate testimonials before they are published or used, and assess all testimonials before publication or use. LeadPulse is not obligated to utilize any testimonial or product review submitted, either in part or in whole.

SECTION 15 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

Whether you are a LeadPulse user or an Affiliate, it is imperative that you adhere to all applicable laws, both in Canada and abroad. This includes but is not limited to laws that prohibit deceptive and misleading advertising and marketing practices, laws governing email marketing (such as the CAN-SPAM Act), regulations related to telemarketing (such as the Telephone Consumer Protection Act and the Federal Trade Commission’s Telemarketing Sales Rule), laws concerning the use of testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides), as well as laws pertaining to intellectual property, privacy, security, terrorism, corruption, child protection, and import/export.

Regardless of whether you choose to display the LeadPulse Badge, it is essential that you understand and comply with these legal requirements. Failure to do so may result in serious consequences. It is your responsibility to stay informed about any changes or updates to these laws and to ensure that your actions are in full compliance. By doing so, you demonstrate your commitment to ethical business practices and the integrity of the LeadPulse community.

It is your sole responsibility to guarantee that you and your business comply with all relevant laws, rules, regulations, and court orders from any jurisdiction. This includes when you send digital messages using our products or services to any recipient. You are accountable for being aware of, comprehending, and adhering to all applicable laws. It is imperative that both you and all users of your account consistently comply with these laws.

If you utilize any messaging software, such as any messaging software presently provided by LeadPulse or any future software that may be developed, or any other messaging system or software or hardware provided by you or a third-party, you acknowledge and agree to comply with all applicable laws regarding the transmission of messages. This includes, but is not limited to, adhering to the federal Telephone Consumer Protection Act. Additionally, you agree to indemnify and protect LeadPulse from any claims, damages, losses, or legal actions that may arise due to your violation of the law or infringement upon the rights of third parties through the use or misuse of any messaging software or hardware, regardless of whether it was provided by LeadPulse.

You acknowledge and agree that LeadPulse has no authority over, and thus cannot be held accountable for, the performance or malfunctions of any external software, such as Facebook, Facebook Messenger, and internet browser notifications. LeadPulse does not guarantee that any of its messaging software will be compatible with third-party software. It is solely your responsibility to use any messaging software and/or hardware.

SECTION 17 – DISCLAIMERS OF OTHER WARRANTIES

The website and all its content are provided on an “as is,” “as available” basis, without any warranties of any kind, whether express or implied. This includes warranties of title, merchantability, or fitness for a particular purpose. We explicitly and completely disclaim any representations and warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this website. We do not represent or warrant, and expressly disclaim, that:
(A) the use of the website or any software will be secure, timely, uninterrupted, or error-free, or operate in combination with any other hardware, software, system, or data;
(B) the website, software, or services will meet your requirements or expectations;
(C) any stored data will be accurate or reliable;
(D) the quality of any products, services, software, information, or other material purchased or obtained by you through the website will meet your requirements or expectations.

(E)The website will be repaired if there are any errors or defects.

(F)The website and the servers that make it accessible are not guaranteed to be free of viruses or other harmful components. All conditions, representations, and warranties, whether expressed or implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third-party rights, are hereby disclaimed to the fullest extent permitted by law.

SECTION 18 – LIMITATIONS OF LIABILITIES

UNLESS OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, LEADPULSE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING THE PRIVACY STATEMENT AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT. THIS LIABILITY EXEMPTION EXTENDS TO ALL FORMS OF DAMAGES, WHETHER IT BE LOSS OF USE, PROFITS, DATA, GOODWILL, COST OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS EXEMPTION APPLIES REGARDLESS OF HOW THE DAMAGES ARE ALLEGEDLY CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

LeadPulse’s liability to you or your business will never exceed either three times the payments you made to LeadPulse in the month prior to the claim’s occurrence or two thousand dollars ($2,000), whichever amount is greater.

SECTION 19 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

Please read this arbitration provision carefully to fully understand your rights and the rights of your business. Unless prohibited by law, you and your business agree that any future claims must be resolved through confidential arbitration, which is final and binding. By agreeing to this provision, you acknowledge and accept that you are waiving your right to a trial by jury. Additionally, the rights you would have in court, such as discovery or the right to appeal, may be limited or non-existent in arbitration.

Furthermore, you and your business can only bring claims on an individual basis and not as part of a class or representative proceeding. The arbitrator is also prohibited from consolidating proceedings or claims or presiding over any form of representative or class action.

Arbitration does not involve a judge or jury, and the review of an arbitration award by a court is restricted. Nonetheless, an arbitrator has the authority to grant the same damages and relief as a court on an individual basis (including injunctive and declaratory relief or statutory damages) and must adhere to these terms just like a court would. The absence of a judge or jury in arbitration means that the decision-making process is different from that of a traditional court trial. Instead, disputes are resolved by an impartial arbitrator who evaluates the evidence and arguments presented by both parties. While the arbitrator’s decision is final and binding, it is subject to limited review by a court. This ensures that the arbitration process remains fair and impartial while providing parties with a viable alternative to litigation.

If you encounter an issue, disagreement, or dispute, you are required to initially reach out to us at contact@leadpulse.co in an attempt to resolve the matter informally. In the event that a controversy or claim arises concerning the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us, and it cannot be resolved through informal means or negotiation within one hundred and twenty (120) days, it shall be settled through binding and confidential arbitration administered by the American Arbitration Association (“AAA”). The resulting award may be enforced in any court with jurisdiction. We acknowledge that any claim we may have against you or your business will also be subject to this arbitration provision, with exceptions outlined in Sections 20 and 21 below. The arbitration will be conducted in English language by a single neutral arbitrator in Toronto, Ontario, unless both parties agree to conduct it through telephone or written submissions. The selection of the arbitrator will be made by mutual agreement or, if no agreement can be reached, in accordance with the Rules of the AAA.

The arbitration process will be conducted in accordance with the Commercial Arbitration Rules and Procedures of the AAA, which are currently in effect at the time the arbitration demand is submitted. The AAA’s Rules can be found at www.adr.org or by calling 1-800-778-7879. The arbitrator will have the sole and exclusive authority to resolve any disputes regarding the interpretation, validity, applicability, enforceability, or construction of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. Additionally, the arbitrator will have the sole and exclusive authority to determine if a dispute is subject to arbitration. Furthermore, the arbitrator will have the sole and exclusive authority to decide whether this arbitration agreement can be enforced against someone who did not sign it and whether someone who did not sign this agreement can enforce this provision against you or LeadPulse.

The payment of all fees related to filing, administration, and the arbitrator will be governed by the Rules of the AAA. However, each party is responsible for their own additional expenses, including but not limited to attorneys, experts, documents, and witnesses.

The arbitrator is required to adhere to the substantive law of the Province of Ontario, disregarding any conflicts of laws principles. Once a decision is made, it will include a confidential written opinion and will be considered final. However, it is subject to potential appeal under the Federal Arbitration Act, specifically sections 1-16, as amended. If necessary, the judgment based on the arbitrator’s decision can be entered in any court that has jurisdiction.

You and LeadPulse have agreed that disputes will be resolved through arbitration on an individual basis. Consolidation of disputes, whether on a class-wide or representative basis, or in connection with any other arbitration or proceedings involving claims or controversies of other parties, is prohibited. Both you and LeadPulse explicitly waive the right to engage in any class or representative action against each other.

It is important to note that any failure or delay in enforcing this arbitration provision for a specific claim does not constitute a waiver of the right to require arbitration at a later time or in connection with any other claims. However, all claims must be brought within one year after the claim arises, which includes the one hundred and twenty (120) day informal resolution period mentioned above.

This arbitration clause outlines the terms and conditions of our agreement to participate in confidential arbitration that is both final and binding. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, which has been amended.

Even after your account or relationship with LeadPulse has ended, as well as in the event of bankruptcy, assignment, or transfer, this provision will still apply. If the class action waiver is found to be unenforceable (meaning that arbitration can proceed as a class or representative action), then the entire arbitration clause will become null and void and will not be applicable. If any part of this arbitration clause (excluding the class action waiver) is deemed unenforceable, the remaining sections of this clause will remain fully effective.

By acknowledging this agreement, you recognize that both you and your business had the option to resolve disputes through litigation in a courtroom, where a judge or jury would make a decision. You also had the opportunity to participate in a class or representative action. However, you now understand and consent to the resolution of any claims on an individual basis, solely through binding, final, and confidential arbitration as outlined in this arbitration provision.

SECTION 20 – LEADPULSE ADDITIONAL REMEDIES

To prevent or minimize irreversible harm to LeadPulse, in the event that you violate or threaten to violate any terms of this Agreement, or infringe upon the intellectual property rights of LeadPulse or a third party, LeadPulse has the right to seek a temporary restraining order and preliminary or permanent injunctions, as well as other appropriate remedies, from a competent court located in Toronto, Ontario, Canada. These measures aim to restrain any breach, potential breach, infringement, or potential infringement. This Agreement does not prohibit LeadPulse from pursuing other legal remedies available for such violations, including seeking monetary damages from you and your business. By agreeing to this Agreement, you and your business agree to submit exclusively to the personal jurisdiction and venue of the courts in Toronto, Ontario, Canada for all such claims, and forever waive any objection to the exclusive jurisdiction or venue of these courts.

SECTION 21 – INDEMNIFICATION

To the maximum extent permitted by law, you agree to protect, reimburse, and absolve LeadPulse, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from any and all allegations, actions, losses, liabilities, damages, expenses, demands, and costs of any nature, including but not limited to legal fees and costs of any legal proceedings or other forms of dispute resolution. These allegations, actions, losses, liabilities, damages, expenses, demands, and costs arise directly or indirectly from (1) your usage, abuse, or attempted usage of the Website, software, products, or services; (2) information you provide or transmit via the Website; (3) your violation of these Terms, the referenced documents they incorporate, the Agreement, or the guarantees and assurances given by you in this Agreement; or (4) your violation of any law or the rights of a third party.

SECTION 22 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT

If you have the belief that any materials or content accessible on the Website violate your copyright, you or your representative have the option to send a notification to LeadPulse requesting the removal of said materials or content from the Website. In the event that you believe that someone has mistakenly submitted a notice of copyright infringement against you, you may provide LeadPulse with a counter-notice. Both notifications and counter-notices should be directed to LeadPulse’s Legal Department at 670 Progress Ave. Scarborough, ON M1H 3A4, or via email to contact@leadpulse.co. These Terms completely include the DMCA Policy by reference.

SECTION 23 – THIRD-PARTY LINKS

The Website may include hyperlinks to other websites. LeadPulse accepts no liability for the content or functionality of any non-LeadPulse website that we link to. For additional information, kindly refer to our Privacy Statement.

SECTION 24 – TERMINATION

This Agreement will become effective (or shall become effective again) once you click on links or buttons such as “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW,” “SUBMIT,” “BUY NOW,” “PURCHASE,” “I ACCEPT,” “I AGREE,” or similar options. It will also take effect when you submit information through the Website, respond to a request for information, start installing, accessing, or using the Website, complete a purchase, choose a payment method, and/or provide payment information. Whichever action occurs first will establish the commencement of this Agreement. If, in our sole judgment, you fail to comply with any terms or provisions of this Agreement or if we believe that you have violated any laws, whether related to your use of LeadPulse or otherwise, we reserve the right to terminate the Agreement or suspend your access to the Website at any time without prior notice. Sections 11, 12, 13, and 15 through 21, as well as sections 24 through 33 of this Agreement, along with any representations, warranties, and other obligations made or undertaken by you, will continue to be in effect even after the termination of this Agreement and/or your account or relationship with LeadPulse. It is important to note that upon termination, you will still be responsible for any outstanding payments owed to LeadPulse.

SECTION 25 – NO WAIVER

LeadPulse will not be deemed to have waived any rights, powers, or remedies under this Agreement if there is a failure or delay in exercising them. Furthermore, the exercise of any right, power, or remedy in part or in a limited manner does not prevent LeadPulse from exercising them further or exercising any other rights, powers, or remedies available under this Agreement. Any waiver of rights or obligations under this Agreement will only be valid if it is in writing and signed by LeadPulse.

SECTION 26 – GOVERNING LAW AND VENUE

The exclusive jurisdiction for any disputes or issues arising from this Agreement, your use of the Website, our Privacy Statement or DPA, or any matters relating to LeadPulse, including the purchase and utilization of any services or products, will be governed by the laws of the Province of Ontario. The application of conflicts of laws principles will not affect this governing law.

If the arbitrator or a court of competent jurisdiction determines that any claim or dispute is not covered by the arbitration agreement in Section 19 above, the parties agree that such claim or dispute will be exclusively handled and decided by the province or provincial courts situated in Toronto, Ontario, Canada. By accepting this, you give your irrevocable consent to the personal jurisdiction and exclusive venue of these courts, and you forever waive any objection to their exclusive jurisdiction or venue. It is important to note that all such claims must be brought on an individual basis and cannot be pursued as a class action or representative claim. By agreeing to this, you surrender any right to initiate such claims on a wider scale.

SECTION 27 – FORCE MAJEURE

LeadPulse cannot be held accountable for any delays, damages, or failures resulting from acts of nature or other uncontrollable circumstances.

SECTION 28 – ASSIGNMENT

LeadPulse has the ability to transfer its rights under this Agreement at any given time, without providing you with prior notice. However, you cannot transfer your rights that arise from this Agreement without obtaining the express written consent of LeadPulse or its assignees.

SECTION 29 – ELECTRONIC SIGNATURE

All the information conveyed on the Website is deemed to be an electronic communication. When you engage in communication with LeadPulse through the Website or other forms of electronic media, like email, you are engaging in electronic communication with the company. You consent to the fact that we may communicate with you electronically, and that such communications, including notifications, disclosures, agreements, and other forms of communication that we provide to you electronically, hold the same weight and significance as written communication and would be considered as such if they were in writing and signed by the party sending the communication.

SECTION 30 – CHANGES TO THE AGREEMENT

You have the option to access and review the latest edition of the Terms by visiting https://www.leadpulse.co/terms-and-conditions. We retain the authority, at our sole discretion, to modify, alter, or substitute any section of the Agreement, including the Privacy Statement or DPA, by publishing updates and revisions on our Website. It is your obligation to periodically check our Website for any modifications. By continuing to use or access our Website after any changes to the Agreement have been posted, you are deemed to have accepted those changes.

SECTION 31 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

By accepting this Agreement, you confirm the following: (1) You are either at least eighteen (18) years old or of legal age in your jurisdiction, whichever is higher. (2) You have the authority to represent and bind the business that you are using the Website for. (3) You have thoroughly read and understood the terms of this Agreement and agree to abide by them. (4) You will not engage in the resale, redistribution, or export of any product or service obtained from the Website.

Additionally, you acknowledge that LeadPulse has the right to rely on the information provided by you. LeadPulse reserves the right to contact you, your business, and any subaccounts you create via email, telephone, or postal mail for various purposes. These include follow-up calls, satisfaction surveys, and inquiries regarding any orders placed or considered on or through the Website.

You hereby affirm and guarantee that there are no ongoing or previous investigations, inquiries, or prosecutions by any government entities, such as the Federal Trade Commission or other federal or state agencies, or any regulatory authorities, against you or any affiliated businesses anywhere in the world. Additionally, you confirm that there are no ongoing or previous private lawsuits against you. In the event that you or any affiliated businesses become the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state agency, or any regulatory authority worldwide, or if you become the subject of any lawsuit, you are obligated to promptly notify LeadPulse within twenty-four (24) hours. LeadPulse reserves the right to terminate the Agreement at its discretion if any such investigation, proceeding, or lawsuit is brought to its attention, without incurring any obligation or liability towards you.

SECTION 32 – SEVERABILITY

In the event that a provision of this Agreement is determined to be invalid or unenforceable by the arbitrator or, if applicable, a court with jurisdiction, the remaining provisions will remain unaffected and will remain fully valid and enforceable. In such cases, the provision in question may be adjusted or removed from this Agreement to the extent necessary to ensure its enforceability and consistency with the rest of the Agreement.

SECTION 33 – ENTIRE AGREEMENT

These Terms, the Privacy Statement and DPA, as well as any policies or operating rules that we have posted on the Website or in relation to the Website, constitute the complete agreement and understanding between your business and LeadPulse. They govern your access to and use of the Website, as well as your ordering, purchasing, and use or attempted use of any service or product. These terms supersede and replace any previous or contemporaneous agreements, representations, communications, and proposals, whether spoken or written, between you and LeadPulse. In the future, we may also introduce new services and features through the Website. These new features and services will also be subject to this Agreement, as well as any policies or operating rules that we post on the Website. Any uncertainties in the interpretation of these Terms or the Agreement will not be interpreted against the party that drafted them.

SECTION 34 – CONTACTING US

We encourage our customers to reach out to us if they have any questions or feedback regarding our products and services. Please feel free to do so by sending an email to contact@leadpulse.co.

If you have any inquiries or concerns about these Terms, you can contact LeadPulse via email at contact@leadpulse.co.

If you have any additional questions, please don’t hesitate to send an email to the appropriate address provided below.

For compliance-related matters, please email us at contact@leadpulse.co.

To report spam or abuse, please email us at contact@leadpulse.co.

For inquiries regarding our affiliates, please email us at contact@leadpulse.co.

For general support and inquiries, please email us at contact@leadpulse.co.

LeadPulse may notify you by posting a notice (or a link to a notice) on https://www.leadpulse.co/terms-and-conditions and other websites we own and operate, by email, or by regular mail, at our discretion.

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