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Terms of
Service Agreement
LeadWhiz.com Network (Part of the
Site Promotions PTY LTD network)
Site Promotions PTY LTD reserves the right to verify through any
means the placement and correctness of the LeadWhiz HTML code
provided to you in connection with your participation of the
LeadWhiz network, and you hereby grant Site Promotions PTY LTD the
right to access your web site in connection with this purpose.
You acknowledge that LeadWhiz is a
sponsor supported service provided to you free-of-charge, and that
at any given time the Lead Forum HTML code incorporated into your
web site may display an advertisement from a sponsor.
LeadWhiz reserves the right to
terminate any account for any reason it deems appropriate. All
credits from terminated accounts will be forfeited, whether they
have been purchased or otherwise.
You agree to not artificially inflate credits,
insert the provided HTML code in more than one place on each web page, insert
the provided HTML code onto any web pages that contain any advertisements that
spawn new windows (other than the windows the LeadWhiz code spawns), insert
the HTML code on a web page that in any way conflicts with the LeadWhiz advertisements,
insert the HTML code on any page that automatically reloads the page, or redirects
traffic, include the HTML code on a page that is not plainly visible to all
internet users, or place the HTML code on any site not owned or operated by
you.
You agree that with the exception of your contact
details, any information you provide to LeadWhiz may be disclosed to any third
party, although it may not be used for any purpose other than informational.
You agree to allow LeadWhiz to use
screen shots of any web page that contains the LeadWhiz HTML
code.
The content of the sites of members
and their respective advertisements are in no way the
responsibility of LeadWhiz. Any actions of LeadWhiz members are
not the responsibility of LeadWhiz, either in part of whole.
LeadWhiz reserves the right to modify these terms without
notification. It is the member's sole responsibility to review
these terms from time to time. The date of revision of this
agreement is set forth at the beginning of this agreement. If at
any time the terms, or changes of terms, are unacceptable, the
member??...
The LeadWhiz is offered to you free of charge conditional
on your acceptance of this agreement. Your use of the LeadWhiz service at any
time constitutes your acceptance of the terms of service. You agree that the
terms are subject the modification. You agree to assume the responsibility of
reviewing this terms of service agreement on a regular basis.
LeadWhiz reserves the right to
change the terms of service at any time. You are responsible for
regularly reviewing the terms. Continued use of the LeadWhiz
network constitutes your acceptance of such changes. LeadWhiz is
not obligated to notify you of any changes to the terms of
service, although it makes the terms available freely to all
members.
You agree to not use the LeadWhiz
network for any unlawful purpose, or to promote anything
potentially offensive to any parties.
You agree not to distribute leads to any third parties, with the
exception of selling the leads to only one other party. This party
must agree not to redistribute the leads to any other party under
any circumstances.
You agree not to upload any images or content that is not owned by you, or any material that is offensive or potentially harmful to any parties.
All software of the LeadWhiz
network is owned by Site Promotions PTY LTD and its partners, and
is protected by international copyright laws. Any distribution of
the software under any circumstances is expressly prohibited and
may result in civil and/or criminal penalties. Persons violating
the foregoing, or who otherwise misappropriate any intellectual
property or proprietary rights related to the Software will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET
CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Your participation and use of the LeadWhiz network
is done so entirely at your own risk. Leadwhiz and/or its members are not responsible
or liable in any way for any damages, loss, disclosure of information, or otherwise
results for your use of the service.
Without limiting the foregoing, LEADWHIZ AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS,
OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS FOR
ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LEADWHIZ AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL LEADWHIZ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LEADWHIZ
NETWORK OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE LEADWHIZ
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE LEADWHIZ NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE LEADWHIZ
NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF LEADWHIZ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LEADWHIZ
NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE LEADWHIZ NETWORK AND ITS RELATED SERVICES. Without
limiting the foregoing, LeadWhiz is not responsible for any of your data residing
on LeadWhiz hardware. You are responsible for backing-up your data and information
that may reside on the LeadWhiz hardware, whether or not such information is
produced through the use of the LeadWhiz.
You agree to defend, indemnify and hold LeadWhiz harmless from and against any
and all claims, losses, liability costs and expenses (including but not limited
to attorneys' fees) arising from your violation of these Terms of Use (including,
without limitation, violation of applicable Additional Terms of Use), or any
third-party's rights, (including, without limitation, infringement of any copyright,
violation of any proprietary right and invasion of any privacy rights). These
obligations will survive any termination of your relationship with LeadWhiz.
LeadWhiz reserves the right to deny in its sole discretion any user access to
the LeadWhiz or any portion thereof without notice. You are responsible for
safeguarding the confidentiality of your password(s) and user name(s) issued
to you by LeadWhiz, and for any use or misuse of your account or the LeadWhiz
resulting from any third party using a password or user name issued to you.
LeadWhiz may terminate this agreement and your
access to any or all LeadWhiz network and the related services at any time,
with or without cause, effective immediately. Anyone determined by LeadWhiz
to have violated these Terms of Use and Notices, or any Additional Terms may
be barred from using the LeadWhiz, or from receiving any products, services
or benefits from the LeadWhiz network. In addition, if you violate any of these
Terms of Use, Notices or Additional Terms (as applicable) you will forfeit all
credits and adviews accruing to you (if any) in connection with the LeadWhiz
Network.
This agreement is governed by the laws of the
State of Victoria, Australia. In addition, you hereby consent to the exclusive
jurisdiction of and venue in such courts for any action commenced by you against
LeadWhiz (or its affiliates).
Use of the LeadWhiz Network is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that
no joint venture, partnership, employment, or agency relationship exists between
you and LeadWhiz as a result of this agreement or use of the LeadWhiz Network.
LeadWhiz's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of LeadWhiz's
right to comply with governmental, court and law enforcement determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and LeadWhiz with respect to the LeadWhiz Network, and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and LeadWhiz with respect to the LeadWhiz Network.
A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. You may not rent, lease, license, grant a security interest
in, or otherwise transfer or sublicense your rights in the LeadWhiz Network,
service to any third party.
All contents of the LeadWhiz are: Copyright (c) 2003 Site
Promotions PTY LTD, 9 Yileen Court, Melbourne, Australia, 3111.
All rights reserved.
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© 2003, Site Promotions
PTY LTD (ACN 090 739 754), All Rights Reserved, Call our offices
during AUS Eastern Standard Time Business Hours 9am-5pm Mon-Fri (GMT
+10.00) on +613 9842 6179.
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