Terms of Use

Welcome to the Lead Pulse Media (“LEAD PULSE” or “we” or “us”) website, www.leadpulsemedia.com (the “Site”).

LEAD PULSE requires that visitors to the Site (“you“) adhere to the following terms of use (“Terms of Use” or “Agreement”), which will constitute a valid, electronic agreement between you and LEAD PULSE for your use of the Site and any Services (defined below) that you elect to participate in through the Site.

BY ACCESSING, USING THE SITE AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS OF USE.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SITE.

You must adhere to these Terms of Use for so long as you are using the Site or Services. The most current version of the Terms of Use is available to visitors of the Site by clicking on the “Terms of Use” hypertext link at the bottom of each page of the Site.

LEAD PULSE may make available to you via the Site, a variety of information and resources, which may include programs for download, product information, newsletters, information available through hypertext links to other sites and services, and communication forums, including any updates made available from time to time (the “Services“). Your access to the Site and use of the Services are subject to these Terms of Use and all applicable laws and regulations. You may not modify these Terms of Use. LEAD PULSE may modify these Terms of Use from time to time and if so, the amended Terms of Use will be posted to the “Terms of Use” hypertext link on the bottom of each page of the Site. Please read these Terms of Use carefully. You are responsible for reviewing these Terms of Use with each visit to the Site. If any terms contained herein conflict with the terms contained in any offer or elsewhere on the Site, these Terms of Use shall control.

1.              YOUR RESPONSIBILITIES.            You acknowledge that LEAD PULSE is not responsible or liable, and does not control, the content of information that may be posted to the Site or on the Services by you or other visitors to the Site. You are not permitted to post any content that (a) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (d) contains viruses or other similar harmful or deleterious programming routines; (e) damages, disables, overburdens, or impairs the Site or any other party’s use of the Site; or (f) contains hyperlinks to any sites that do or are. Complaints regarding abuse of the Site, the Services, or a violation of these Terms of Use should be sent to abuse@leadpulsemedia.com.  You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Site, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which LEAD PULSE controls and operates the Site and services associated therewith.  Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

2.              GENERAL PROVISIONS.

Products, Content, Specifications and Accuracy of Information:  We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date.  We make no representation as to the completeness, accuracy or currentness of any information on this Site.  All features, content, specifications, products, colors and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that those products or services will be available at any time.  While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Site by any visitor or customer.  We also may require verification of information prior to the acceptance and/or shipment of any order.

3.              GENERAL USE PROVISIONS.        All materials provided on the Site, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by LEAD PULSE or by respective third party authors, developers or vendors (“Third Party Providers“) and are the copyrighted works of LEAD PULSE and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise.  Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of LEAD PULSE and/or a Third Party Provider.  Also, you may not “mirror” or “archive” any Materials contained on the Site on any other server without LEAD PULSE’s prior express written permission

            Except where expressly provided otherwise by LEAD PULSE, nothing on the Site shall be construed to confer any license or ownership right in or to the Materials, under any of LEAD PULSE’s intellectual property rights, whether by estoppel, implication, or otherwise.  You acknowledge sole responsibility for obtaining any such licenses.  See the “Legal Contact Information” section below if you have any questions about obtaining such licenses.  Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by LEAD PULSE.  LEAD PULSE does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by LEAD PULSE.

Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.  It is your obligation to comply with all applicable state, federal and international laws.  You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

4.              PRIVACY.      Use of this Site is governed by LEAD PULSE’s Privacy Policy, which may be found at [insert link] and is incorporated into these Terms of Use by this refernce.  By using this Site, you agree to comply with the terms of the Privacy Policy.

5.              NOTICES and DMCA.          LEAD PULSE respects the intellectual property rights of others, and therefore complies with the Digital Millennium Copyright Act (“DMCA“). LEAD PULSE has designated with the U.S. Copyright Office, an agent to receive notice of alleged copyright infringement under the DMCA. If you believe that a copyrighted work has been infringed by a user of the Site or Services under DMCA, please click contact postmaster@leadpulsemedia.com or send a written notice to LEAD PULSE at [enter full address]. LEAD PULSE reserves the right to remove any allegedly infringing material from the Site or Services. LEAD PULSE will have no liability to any user of the Site or Services, or to any third party, for the removal of such material.

LEAD PULSE may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in LEAD PULSE’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in LEAD PULSE’s account information. You may give notice to LEAD PULSE at any time by letter sent by confirmed facsimile to LEAD PULSE, fax number [(___) ___-____] or by letter delivered by registered mail with return receipt to: Lead Pulse Media  [enter mailing address].  All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website.

6.              TRADEMARKS. The trademarks, logos, service marks, taglines, and domain names displayed on the Site (“Trademarks“) are the property of LEAD PULSE or the Trademarks’ respective owners. You are prohibited from using any Trademarks for any purpose without the written permission of LEAD PULSE or the owner of the Trademarks. For additional information on use of the Trademarks, please contact [insert].

7.              DISCLAIMER OF WARRANTIES. LEAD PULSE uses reasonable efforts to provide accurate, complete and current Content on the Site, however LEAD PULSE does not guarantee that the Content is accurate, complete, or current. The Site or Services may enable you access to other Internet sites and third party material via hypertext links.  LEAD PULSE does not endorse, control, verify the accuracy of, nor is it responsible for, any Content posted to the Site, unless specifically posted by LEAD PULSE, including Content available through hypertext links.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEAD PULSE MAY CHANGE THE FEATURES OR FUNCTIONALITY OF THE SITE OR SERVICES AT ANY TIME, IN ITS SOLE DISCRETION. LEAD PULSE 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.

LEAD PULSE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE; NOR DOES LEAD PULSE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SITE OR SERVICES, OR THAT ANY DEFECTS IN THE SOFTWARE USED TO PROVIDE THE SITE OR SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOU OBTAINING SUCH CONTENT. ADDITIONALLY, LEAD PULSE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, OR ANY TRANSACTIONS YOU ENTER INTO THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM LEAD PULSE, OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

8.              LIMITATION OF LIABILITY. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LEAD PULSE EXCEED $1,000.00. LEAD PULSE SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING ANY THIRD PARTY MATERIAL ACCESSED VIA A HYPERTEXT LINK, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ERRORS, OR OMISSIONS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. Some States do not allow the limitation of liability so the foregoing may not apply to you.

9.               MISCELLANEOUS.  Any action related to this Agreement will be governed by California law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California and to arbitration as stated herein. At the request of LEAD PULSE, any controversy or claim related to this Agreement (“Claim”) may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”).  The Act will apply even though this Agreement provides that it is governed by the laws of California.  Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s).  In the event of any inconsistency between the JAMS rules and this paragraph, the Terms of Use of this paragraph shall control.  The arbitration shall be administered by JAMS and conducted in Los Angeles, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of LEAD PULSE, the Claims shall be decided by three arbitrators.  All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing.  However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award.  The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced.  The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis.  For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit.  Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s).  The arbitrator(s) shall have the power to award legal fees pursuant to the Terms of Use of this Agreement.  This paragraph does not limit the right of LEAD PULSE to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies.  In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys’ fees.

This Agreement represents the parties’ entire understanding relating to the use of the Site and supersedes any prior or contemporaneous, conflicting or additional, communications. LEAD PULSE reserves the right to change these Terms of Use or its policies relating to the Site at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or Terms of Use located on particular pages of the Site, which may be posted from time to time.  Your continued use of the Site after any such changes and/or postings shall constitute your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between LEAD PULSE and you as a result of these Terms of Use or use of the Site. You may not assign this Agreement without the prior written approval of LEAD PULSE. Any purported assignment in violation of this section shall be void. LEAD PULSE reserves the right to use Third Party Providers in the provision of the Site and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by LEAD PULSE.

10.           LINKS TO THIRD PARTY SITES.    The Site may contain links or have references to sites controlled by parties other than LEAD PULSE.  LEAD PULSE is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party sites. LEAD PULSE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LEAD PULSE of the linked site and/or the content and materials found at the linked site, except as specifically stated otherwise by LEAD PULSE.  It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

11.           SUBMISSIONS.        Except where expressly provided otherwise by LEAD PULSE, all comments, feedback, information and data submitted to LEAD PULSE through, in association with or in regard to the Site and/or any other LEAD PULSE goods or services (“Submissions”) shall be considered non-confidential and LEAD PULSE’s property.  This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method LEAD PULSE sees fit and make compilations and derivative works thereof in all media now known or hereafter devised.  Except as expressly enumerated in the preceding sentence, by providing such Submissions to LEAD PULSE, you agree to assign to LEAD PULSE, as consideration in exchange for the use of the Site, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant LEAD PULSE these rights.  LEAD PULSE shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not LEAD PULSE, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

            LEAD PULSE reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any LEAD PULSE site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use of Use and/or protect the safety or security of any person or property, including any LEAD PULSE site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

12.           CHILDREN.   LEAD PULSE does not accept Submissions from persons under the age of 14 (“Child” or “Children”).  Furthermore, LEAD PULSE does not accept any user who is a Child.  You are ineligible to use this Site if you are under the age of 14.  If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these Terms of Use.  If you are under the age of 18, your parent or legal guardian’s consent to these Terms of Use is ongoing and they hereby warrant that they will review these Terms of Use for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these Terms of Use.  Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants LEAD PULSE all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law.  You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18).  If you do so, LEAD PULSE reserves the right to cancel or suspend your account.  Furthermore, LEAD PULSE reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using LEAD PULSE for improper purposes, or any purpose inconsistent with its business.

13.           LICENSES FROM LEAD PULSE.     You are being granted solely a revocable, limited license, in compliance with these Terms of Use.

14.           LICENSES FROM YOU.       You grant to LEAD PULSE and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to LEAD PULSE by you in the course of accessing and/or using the Site.  Notwithstanding the foregoing, LEAD PULSE’s obligations regarding identification and other information concerning your personal information shall be governed by the Terms of Use of the Privacy Policy available at http://eonlab.agence-soon.fr/index.php/privacy-policy/. The Terms of Use of the Privacy Policy are expressly incorporated herein as though set forth in full.

15.           BILLING AND PAYMENT.    To the extent you purchase any goods and/or services from LEAD PULSE, you agree to pay for all goods and services ordered from LEAD PULSE and/or its Third Party Providers except as set forth in a writing signed by an authorized representative of LEAD PULSE.  You will provide LEAD PULSE with valid and updated credit card or approved purchase order information and with LEAD PULSE and accurate billing and contact information. If you provide credit card or other authorized payment method information to LEAD PULSE, you authorize LEAD PULSE, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable. If LEAD PULSE, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, LEAD PULSE will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due within thirty (30) days of the date of the invoice.

16.           REPRESENTATIONS AND WARRANTIES. Each party represents and warrants that it has the power and authority to enter into this Agreement.  LEAD PULSE warrants that it will provide the Site and all goods and services in a manner consistent with its business practices, as LEAD PULSE, in its sole and absolute discretion, deems fit.  To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement their behalf.

17.           INDEMNITIES.           You shall defend and indemnify LEAD PULSE and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against LEAD PULSE or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. LEAD PULSE shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the goods, services or Materials associated with the Site other than in accordance with this Agreement; (b) the combination of the Site and/or the goods, services or Materials associated with the Site with any other products, services, or materials; or (c) any third party products, services, or materials.

18.           LEGAL CONTACT INFORMATION.           If you have any questions about these Terms of Use, or if you would like to request permission to use any Materials, please contact our Customer Service Department. (link to contacts page).

Copyright © 2009-2016 Lead Pulse Media All rights reserved.

Revised: January 2016