Terms of Use (“Terms”)
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.leadfuze.com website (the “Service”) operated by Lucid Creative Group, LLC (“LeadFuze”, “us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: fraud or an unauthorized or illegal transaction is suspected, product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You are responsible for your use of our software. We are not responsible for your failure to abide by third party terms and conditions.
Terms
LeadFuze offers standard plans that are billed month-to-month (“Monthly”), a 12 month commitments (“Commitment”), or annually (“Annual”). Subscriptions that are month-to-month can be cancelled at any time. Upon cancellation, you will continue to have access to your account until the next billing cycle at which point the account will be closed. You will not be billed further. Subscriptions to the Annual plan will be processed upfront at a reduced rate. You will be billed once per year until cancellation. Upon cancelling, you will still have access to your account until the next billing cycle at which point the account will be closed. You will not be billed further. Subscriptions to the Commitment plan come with an annual commitment, however you are agreeing to pay in 12 monthly installments. Upon requesting cancellation, your account will continue to be billed until the last installment payment. The full balance of the remaining 12 installment payments is owed.
12 monthly payments following the Effective Date (the “Initial Term”). Any requests to cancel during Initial Term will result in the remaining balance being owed at that time.
Alternatively, you can request that the cancellation goes into effect upon completion of the Initial Term. If no cancellation request has been made by completion of Initial Term, this Agreement will renew (the “Renewal Term”) for 12 additional months and continue in this fashion until cancellation.
Alternatively, LeadFuze offers a special use “Unlimited” plan which requires a 1, 2 or 3 year commitment. Cancellations of an Unlimited plan will require any outstanding balance (amount paid subtracted from total amount owed) be paid in full.
Availability, Errors and Inaccuracies
The LeadFuze app or website is available “as is”, at your own risk, without express or implied warranty of any kind, including, without limitation. We will not be responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the services or software. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply. You agree to let us use your name, logo, or company name for marketing purposes.
Accounts
When you use LeadFuze products, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Third Party Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by LeadFuze. LeadFuze has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. By using the Service, you agree that any contacts or emails which are provided, or given access to through our software, or through importing can be used for improving accuracy of the Service. You are solely responsible for any data, including any and all legalities, you upload into the LeadFuze system. You acknowledge and agree that LeadFuze shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Acceptable Data Use Policy
This Acceptable Data Use Policy (“ADUP”) describes actions that LeadFuze prohibits when any party uses the LeadFuze Services. This ADUP is incorporated by reference into, and governed by the Services Subscription Agreement or other Services Agreements between you (Customer) and LeadFuze (the “Agreement”). LeadFuze believes in companies using data for good, and that is the basis for why we have created this policy. As such, you may not use the LeadFuze Services without agreeing to this ADUP. Thus, you agree not to use, and not to encourage or allow any Client or End User to use, the LeadFuze Services in the following prohibited ways:
- Using the LeadFuze Services to encourage any illegal, fraudulent, abusive, or other activities.
- Using the LeadFuze Services in connection with credit granting, credit monitoring, account review, collection, insurance underwriting, employment or for any other purpose covered by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq (“FCRA”)), Federal Trade Commission interpretations of the FCRA, and similar federal and state statutes.
- Using the LeadFuze Services in an excessive way exceeding 150,000 leads per billed month.
- Using the LeadFuze Services for any form of debt collection.
- Using the LeadFuze Services to engage in, or in connection with fraudulent activity.
- Using the LeadFuze Services directly as the sole source of data for hard background check purposes.
- Using the LeadFuze Services for a government license or benefit.
Your Responsibility
Information and content accessible through our Software or Services may be protected by intellectual property rights of others. Please do not copy, share, download, or upload any information or content unless you have the right to do so. You, not us, will be fully responsible and liable for what you copy, share, download, upload, or otherwise use while using the Software or Services. You may not use the Software or Service to spam others. You cannot upload spyware or any other malicious software to the Software. You are responsible for abiding be the emailing laws of the country where you are sending email. You must follow email privacy rights of CAN-SPAM, CASL, and those of other countries in which email laws exist. You, not us, are responsible for maintaining and protecting all of your data such as your list of leads, email copy, scheduling data, and any other data used in conjunction with the Service or Software. We will not be liable for any loss or corruption of said data, or for any costs or expenses associated with backing up or restoring the data. You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with someone you do not fully trust. You are responsible for all of your activities that occur within, through or as a result of your use of the LeadFuze Services. You agree that you will not use LeadFuze for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you must cancel your account from the Billing & Users page. If you are on a Commitment plan and choose to cancel your account, you will continue to be billed until the completion of your Commitment. Accounts will continue to be billed through automatic renewal until you cancel your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You are responsible for canceling your account prior to your renewal billing date. You are not eligible for a refund for any reason.
Data provided to you through the LeadFuze platform, outside of the free trial data, can only be used while you have an active LeadFuze subscription. You are responsible for deleting any data you may have downloaded, copied, exported, or sent to third parties upon the cancellation of your account.
Indemnification
You agree to defend, indemnify and hold harmless LeadFuze and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall eadFuze, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. LeadFuze, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website or Services, please notify us at the contact information listed below: LeadFuze 20280 N 59th Ave #115-141, Glendale, AZ 85308.
Last updated: January 21st, 2021