Please read these Terms and Conditions ("Agreement" or "Terms and Conditions") carefully before using the Leadberry.com website (the "Site") and the services and software or any updates, supplements, internet-based service and support services for this software available on or at the Site (shall be interpreted together with the Site, the "Service").
The Site and the Service is provided by Brandlift, Inc. ("Brandlift", "us", "we", or "our") a company incorporated under the laws of California, having its registered seat at 5967 W. 3RD STR. # 201., Los Angeles, CA 90036, USA
This Agreement sets forth the legally binding terms and conditions for your use of the Service at Leadberry.com.
The Service is subject to your ("you") acceptance without modification of all of the terms and conditions contained in this Agreement and all other operating rules, policies and procedures that we may publish on the Site. By accessing or using the Service in any manner, including, but not limited to, visiting, browsing the Site or using the Service you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement. BY USING THE SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
"Content" means all data and any other materials displayed on the Site or connected with the Service, in particular the software on which the Service is based. The Content may contain omissions, errors, or may be out of date. We reserve the right to change, delete, or update the Content at any time without providing further notice. All Content that appears as part of the Service remains the our property unless the Content is provided by a third party which retains the rights on such Content.
Except as expressly provided in these Terms and Conditions, no Content may be copied, reproduced, republished, licensed, leased, rented, downloaded, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without our express prior written consent unless it is expressly allowed by the Service. The results of any benchmark test are intended to your use only.
The Content, any part of the Service and its functionality and "look and feel" are owned, controlled or licensed by or to us and is protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws.
The service is provided on an “AS IS” and “AS AVAILABLE” basis. WE PROVIDE NO WARRANTIES AS TO THE FUNCTION OR USE OF THE SERVICE INCLUDING SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE INCLUDING THE SOFTWARE IS WITH YOU. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE INCLUDING THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
To use the Site and benefit from our Service, you must create an account by filling out a registration form and by providing us with the required information. You agree to provide us with complete and accurate information upon registration and to keep such information accurate and up-to-date. You are advised to keep your login details strictly confidential and to refrain from disclosing these to any other third party. We shall not be held responsible for unauthorized access to your account. If you created an account you agree that we may display your website url (any url connected to Leadberry through your Google Account),company or brand name, company or brand logo on the Site as reference.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Leadberry uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Leadberry account. Leadberry is a “Partner Application” as defined in the Stripe Terms of Service.
By using Leadberry and agreeing to the Leadberry Terms and Conditions, You also agree to be bound by Stripe’s Terms of Service.
You expressly understand and agree that Leadberry shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Leadberry shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Leadberry is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.
You understand that Leadberry uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Leadberry liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your Leadberry account, or Your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or Your Leadberry account.
Other than the express warranties below of these Terms and Conditions we make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Service's Contents or otherwise relating to such Contents.
We warrant and represent to you that:
We shall not be liable to you or any third party for direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from (i) your use of or access to the Service, or any Content, products or services distributed on or provided through the website and Service, (ii) for any failure or interruption of the Service; whether as a result of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if we or our suppliers have been expressly advised of the possibility of such damages, unless such failure or interruption of Service or your use of or access to the Service or any content, product or services distributed on or provided through the Site and Service, is caused by our willful misconduct or gross negligence.
If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site and Service or any Content, our liability shall in no event exceed the greater of the total of the fees paid with respect to the Service (subscription or registration fee) or the annual amount of this fee, whichever amount is the higher.
Some jurisdictions restrict the limitation of liability or damages, so the above exclusions and limitations may not apply to you. If any part of the limitation of liability set forth above is unenforceable under applicable law, our aggregate liability will be limited to the maximum extent permitted by law in the applicable jurisdiction.
You are responsible for paying all applicable Taxes, and will pay, indemnify and hold Brandlift harmless from any Taxes and any costs associated with the collection or withholding thereof, including penalties and interest. Unless otherwise stated in an Invoice, the Fees listed on an Invoice are not inclusive of any applicable Taxes.
The Site may include links to certain website, materials, or content developed by third parties. We do not check all the websites linked to the Site therefore we are not responsible for the contents of these linked websites. Use of any such linked website is at your own risk. We reserve the right in its sole and absolute discretion to discontinue links to any other websites at any time and for any reason.
You may cancel your registration at any time on the Site. Upon your cancellation we will not provide you any refunds; however you can use the Service until the end of your billing period or the end of your free trial period. We reserve the right to suspend your access to the Service and/or terminate this Agreement at any time without cause or notice.
If you use the Service
We may modify or replace these Terms and Conditions at our sole discretion, by publishing the updated Terms and Conditions on the Site. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms and Conditions.
If you do not agree with the modified or replaced Terms and Conditions, please do not use, access or continue to access the Service.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these Terms and Conditions by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
We reserve the right for any Nonprofit to use the software (Leadberry) free of charge. Nonprofits are availabled to use Leadberry’s PRO 200 subscription package free of charge. To apply for a Nonprofit account NGOs must send a request on https://leadberry.com/caringberry domain. Applications will be only considered if the applicants fulfill our list of conditions, which is: We reserve the right to disqualify applications if the NGO meets the following criteria:
To grant access to NGOs is our sole decision. If an NGO uses Leadberry for any purposes that is out of the NGOs interest, use the free account on behalf of another organization or company or providing data given by Leadberry to an other organization or company we reserve the right to cancel the free account without warning. We reserve the right to cancel the free account without warning any time by our sole decision.
This agreement contains all the terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements.
Should you have any questions regarding these Terms and Conditions or our Site and Service, please contact us here.