LEADLANDER PAYMENT TERMS OF SERVICE

Welcome to the LeadLander (“LeadLander” or “we” or “our”) Payment Portal. LeadLander is offering electronic payment services to all its Customers to facilitate online payments subject to the following Terms and Conditions. These TERMS AND CONDITIONS are an agreement between you and LeadLander and its Vendor hosting the payment portal, and these terms may be revised without notice and become effective upon posting on this site and your use of the LeadLander payment portal.

PAYMENT SERVICES (or “Services”)

The services provide you with access to on-line resources, including applications that allow you to electronically make payment for products/services purchased from LeadLander and view your transactions and invoice histories (the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services, shall be subject to these TERMS AND CONDITIONS. Upon your acceptance of these TERMS AND CONDITIONS by clicking on the "I Accept" button below, LeadLander grants you a personal, nonexclusive, nontransferable, revocable, and limited license to access and use the Services, subject to these TERMS AND CONDITIONS, solely for your personal purposes. LeadLander reserves the right to, without notice: modify or change the Services at any time; modify, suspend or terminate operation of or access to the Services at any time for any reason and Interrupt the Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes. If we terminate your use of the Service and you need to pay your invoices in another manner, we will inform you of that fact. In addition, if we modify the TERMS AND CONDITIONS, you will be provided notice that change(s) have occurred. Your continued use of the Services after such notice constitutes your agreement to the changed TERMS AND CONDITIONS. Upon your acceptance of these TERMS AND CONDITIONS, you will be able to register with LeadLander to use the payment portal. You will be asked to submit your payment method information. You are responsible for any legal, regulatory or other penalties and fees that may be assessed for giving us false information. By providing LeadLander or its vendor hosting services with the account and payment information you authorize us to follow the payment instructions we receive from you when using the Services. When you use the Services to send us the payment instructions, you authorize LeadLander to initiate a message to your bank to charge your checking account/Credit card and to send those funds to us for payment. Your payment is considered as timely received the day that we receive payment from you, and not the day we receive your payment instructions. You may use the Services to automatically pay your invoices on a scheduled basis. If you would like to cancel this automatic payment option, you must generally let us know at least five (5) calendar days before the invoice due date (if you schedule your automatic payment as of the invoice due date). If you have scheduled your automatic payment as of a date that is earlier than the invoice due date, you must generally let us know that you would like to cancel the automatic payment option at least five (5) calendar days before such date. If we are unable to obtain funds for a payment for any reason associated with your bank account or the funds are otherwise rejected or returned by our bank, then we will not be able to complete your bill payment transaction. You will be responsible for any correction and resubmission to LeadLander of appropriate payment instructions. You will also be responsible for any fees your bank may charge as a result of insufficient funds. If there is a problem in processing your payment instruction, you will be able to view this on the LeadLander payment portal and LeadLander and its Support personnel may attempt to contact you.

USERNAMES AND PASSWORDS

During the registration process for the Services, you will be asked to verify your email address and set up a password (“Credentials”) to access the Services. Your Credentials are intended for your use only. Please take reasonable care to protect your Credentials from being disclosed inadvertently to third parties and do not disclose your Credentials to any third party. Please notify us immediately of any loss or unauthorized use of your Credentials. You will be responsible for any and all actions taken using your Credentials.

YOUR REPRESENTATIONS

You hereby represent to LeadLander and its vendor and agree that: any and all information that you provide to us using the Services will be accurate and complete; you will not use the Services to access information about any account or provide any information to us through the Services unless you have the legal authority to do so; you will not use the Services for any illegal or improper purposes; you will not download, duplicate, copy or otherwise use any portion of the Services for the purpose of commercial use thereof; and LeadLander/or its Vendor may send you electronic correspondence describing changes to the Services and these TERMS AND CONDITIONS.

INDEMNIFICATION

You agree to indemnify, defend and hold LeadLander , its Vendor ( Zeta Metrics) hosting payment portal, and its affiliates, officers, employee, members and agents, harmless from and against any claims, demands, losses, third party proceedings, liabilities and expenses including reasonable attorneys' fees, to the extent arising out of information you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of these TERMS AND CONDITIONS or TERMS OF USE, or your violation of any rights of another.

GOVERNING LAW

Use of the LeadLander Payment Portal Services and these TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of the Texas and California and without regard to the choice of law provisions thereof.

BY CLICKING THE ACCEPTANCE LINK BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND OUR TERMS OF USE AND YOU AGREE TO BE BOUND BY THEIR TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE FROM TIME TO TIME.

Zeta Metrics Terms of Use

Last Modified: 2017-04-21

Acceptance of the Terms of Use  

 

These terms of use are entered into by between You and Zeta Metrics LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference collectively, these “Terms of Use”, govern your access to and use of leadlander.zetametrics.com, including any content, functionality, and services offered on or through leadlander.zetametrics.com (the “Website”), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

 

 

This Website is offered and available to users who 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

 

Changes to the Terms of Use  

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

 

International Users

We are headquartered in the United States. Your Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, partners, merchants, or service providers located in the United States. If you are visiting a website that uses our Services from outside the United States, be aware that your information will be (i) transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. By using our Services, you consent to this transfer. By Interacting with a website that utilizes our Services, you explicitly acknowledge and consent to the fact that Personal Information stored or processed in the United States will be subject to the laws of the United States, including, without limitation, the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your Personal Information.

Accessing the Website and Account Security  

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for:

 

    Making all arrangements necessary for you to have access to the Website.

 Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Payment terms:

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept one time and automatic/recurring payments using major credit cards and ACH for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. For any invalidated payments or any issues with payment, please send an email to: [email protected]

 

Recurring payment authorization/Auto Payment option:

You have the option to authorize regularly scheduled charges to your checking/savings account or credit card.  A receipt for each payment will be emailed to you. You agree that no prior-notification will be provided by us unless the date or amount changes, in which case you will receive notice from us at least 10 business days prior to the payment being collected. You can cancel this Recurring payment authorization/Auto Payment option by giving us notice of 7 business days before the invoice is due.

 

Intellectual Property Rights  

 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

 

      Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

   You may store files that are automatically cached by your Web browser for display enhancement purposes.

   If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

    You must not:

 

      Modify copies of any materials from this site.

   Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

     Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks  

 

The Company name and the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Privacy Policy

 

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. All the information gathered in the online form on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than as stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site. We may need to change this policy from time to time to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail: [email protected] By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

 

Prohibited Uses  

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

 

      In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

      For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

    To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

     To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

    Additionally, you agree not to:

 

    Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

      Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

      Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

      Use any device, software, or routine that interferes with the proper working of the Website.

      Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

      Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

      Otherwise attempt to interfere with the proper working of the Website.

Information About You and Your Visits to the Website  

 

All information we collect on this Website is subject to our Privacy Policy incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Linking to the Website and Social Media Features  

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

Links from the Website  

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions  

 

The owner of the Website is based in the state of California in the United States. We provide this Website for use by persons located worldwide. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties  

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability  

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification  

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction  

 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision.

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Santa Clara and County of Santa Clara although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

                

Arbitration  

 

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

 

Limitation on Time to File Claims  

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability  

 

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement  

 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Zeta Metrics LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Your Comments and Concerns  

 

This website is operated by Zeta Metrics LLC:

1900 Lafayette Street,

Suite 230,

Santa Clara CA 95050

 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]

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