1.
ACCEPTANCE OF TERMS
Welcome to The Lead
Source Group. The Lead Source Group (LSG) provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of the
TOS at any time at:
http://LeadSourceGroup.com/terms/.
In
addition, when using particular LSG services, you and LSG shall be subject to
any posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules (including but not limited to
our
Spam Policy) are hereby incorporated by
reference into the TOS. LSG also may offer other services from time to time,
that are governed by different Terms of Services. These TOS do not apply to the
LSG Service, LSG Site or such other services.
2. DESCRIPTION OF SERVICE
LSG currently provides
users with access to a rich collection of resources, including, various
communications tools, forums, shopping services, personalized content and
branded programming through its network of properties (the "Service"). You also
understand and agree that the Service may include advertisements and that these
advertisements are necessary for LSG to provide the Service. You also
understand and agree that the service may include certain communications from
LSG, such as service announcements, administrative messages and the LSG Hot
Line Newsletter, and that these communications are considered part of LSG
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new LSG properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS" and
that LSG assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You are responsible for
obtaining access to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration of your
use of the Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or LSG has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, LSG has the right
to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof). LSG is concerned about the safety
and privacy of all its users, particularly children. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate for your child.
4. LSG PRIVACY POLICY
Registration Data and
certain other information about you is subject to our Privacy Policy. For more
information, see our full privacy policy at
http://LeadSourceGroup.com/terms/privacy.htm.
5. MEMBER ACCOUNT,
PASSWORD AND SECURITY
You will receive a
password and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify LSG of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. LSG
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all
information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not LSG, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via
the Service. LSG does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will LSG be liable
in any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the
Service to:
| a. |
upload, post, email,
transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable; |
| b. |
harm minors in any
way; |
| c. |
impersonate any person or
entity, including, but not limited to, a LSG official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a person
or entity; |
| d. |
forge headers or
otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service; |
| e. |
upload, post, email,
transmit or otherwise make available any Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements); |
| f. |
upload, post, email,
transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of
any party; |
| g. |
upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose (please read our
complete
Spam Policy); |
| h. |
upload, post, email,
transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; |
| i. |
disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges; |
| j. |
interfere with or disrupt
the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Service; |
| k. |
intentionally or
unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law; |
| l. |
"stalk" or otherwise
harass another; or |
| m. |
collect or store personal
data about other users. |
You acknowledge that LSG
does not pre-screen Content, but that LSG and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting the foregoing, LSG
and its designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by LSG or submitted to
LSG, including without limitation information in LSG Message Boards, LSG
Memberships, and in all other parts of the Service.
You acknowledge and agree
that LSG may preserve Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of LSG, its users and the
public.
You understand that the
technical processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS
FOR INTERNATIONAL USE
Recognizing the global
nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
8. CONTENT SUBMITTED OR
MADE AVAILABLE FOR INCLUSION ON THE SERVICE
LSG does not claim
ownership of Content you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available for inclusion on
publicly accessible areas of the Service, you grant LSG the following
world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content
you submit or make available for inclusion on publicly accessible areas of LSG
Memberships and LSG Boards, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific LSG Memberships or LSG
Boards to which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or LSG removes such Content
from the Service.
- With respect to photos,
graphics, audio or video you submit or make available for inclusion on publicly
accessible area of the Service other than LSG Memberships or LSG Boards, the
license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purpose for which
such Content was submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the Service and will
terminate at the time you remove or LSG removes such Content from the Service.
- With respect to Content
other than photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than LSG
Memberships or LSG Boards, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium now known or
later developed.
"Publicly accessible"
areas of the Service are those areas of the LSG network of properties that are
intended by LSG to be available to the general public. By way of example,
publicly accessible areas of the Service would include LSG Message Boards and
portions of LSG Memberships that are open to both members and visitors.
However, publicly accessible areas of the Service would not include portions of
LSG Memberships and LSG Message Boards that are limited to
members.
9. INDEMNITY
You agree to indemnify
and hold LSG, and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the
Service.
11. GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that LSG
may establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be retained by the
Service, the maximum number of email messages that may be sent from or received
by an account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space that
will be allotted on LSG's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that LSG has no responsibility or liability for
the deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that LSG
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that LSG reserves the right to change these
general practices and limits at any time, in its sole discretion, with or
without notice.
12. MODIFICATIONS TO
SERVICE
LSG reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that LSG shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that LSG may,
under certain circumstances and without prior notice, immediately
terminate your LSG account, any associated email address, and access to the
Service. Cause for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e) unexpected
technical issues or problems, and (f) extended periods of inactivity.
Termination of your LSG account includes (a) removal of access to all offerings
within the Service. (b) deletion of your password and all related information,
files and content associated with or inside your account (or any part thereof),
and (c) barring further use of the Service. Further, you agree that all
terminations for cause shall be made in LSG's sole discretion and that LSG
shall not be liable to you or any third-party for any termination of your
account, any associated email address, or access to the Service.
14. DEALINGS WITH
ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that LSG shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
15. LINKS
The Service may provide,
or third parties may provide, links to other World Wide Web sites or resources.
Because LSG has no control over such sites and resources, you acknowledge and
agree that LSG is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that LSG 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 site or resource.
16. LSG'S PROPRIETARY
RIGHTS
You acknowledge and agree
that the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by LSG or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
LSG grants you a
personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the
interface that is provided by LSG for use in accessing the Service.
17. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
| a. |
YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. LSG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
LSG MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
| d. |
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LSG OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
18. LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT LSG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF LSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
19. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION
FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create
or join any service, receive or request any news, messages, alerts or other
information from the Service, please read the above Sections 17 and 18 again.
They go doubly for you. In addition, for this type of information particularly,
the phrase "Let the investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the Service is intended
for trading or investing purposes. LSG and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made based on
such information.
21. NOTICE
Notices to you may be
made via either email, telephone or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links
to notices to you generally on the Service.
22. TRADEMARK INFORMATION
LSG, the LSG logo,
product and service names are trademarks of LSG. (the "LSG Marks"). Without
LSG's prior permission, you agree not to display or use in any manner, the LSG
Marks.
23. COPYRIGHTS and
COPYRIGHT AGENTS
LSG respects the
intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide LSG's Copyright Agent the following information:
- an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
- a description of the
copyrighted work or other intellectual property that you claim has been
infringed;
- a description of where
the material that you claim is infringing is located on the site;
- your address, telephone
number, and email address;
- a statement by you that
you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- a statement by you, made
under penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
LSG's Agent for
Notice of claims of copyright or other intellectual property infringement can
be reached as follows:
By mail:
James
Andrews
Copyright Agent
c/o LSG Inc.
Athens, AL
By email:
copyright@LeadSourceGroup.com
24. GENERAL INFORMATION
The TOS constitute the
entire agreement between you and LSG and govern your use of the Service,
superceding any prior agreements between you and LSG. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and the
relationship between you and LSG shall be governed by the laws of the State of
Alabama without regard to its conflict of law provisions. You and LSG agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Athens, Alabama. The failure of LSG to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
The section titles in the
TOS are for convenience only and have no legal or contractual effect.
25.
VIOLATIONS
Please report any
violations of the TOS to our
Customer
Care group.
|
