Terms of Use

Welcome to www.leadid.com (the “Site“), a website operated by Lead Intelligence, Inc. (“Lead Intel”, “we”, “us”, or “our”). We operate the Site and Lead Intel software products and services made available through the Site (collectively the “Services”), as well as our platform (the “LeadiD Platform”), all of which allow for creation of a unique lead identifier (“LeadiD”) to be created for each unique online form event, as well as capabilities to audit LeadiDs, in real-time or in batch. The following terms and conditions (the “Terms of Use“) form a binding agreement between you and us whether you are a visitor to this Site (a “Visitor”), an individual or organization who is accessing and using the LeadiD Platform to create LeadiDs (a “Form Owner”), an individual who is completing a Form Owner’s web form (an “End User”), and/or an individual or organization who is accessing and using the LeadiD Platform to audit LeadiDs (an “Auditor”). Unless otherwise indicated, “you” means Visitors, Form Owners, and Auditors.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE AND USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE ACCESSING THE SITE OR USING THE SERVICES ON BEHALF OF AN ENTITY OR BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR BUSINESS TO THESE TERMS OF USE. IF YOU OR THE ENTITY DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

1. SERVICES. The LeadiD Platform provides services which allow for creation of a unique lead identifier (“LeadiD”) to be created for each unique online form event, as well as capabilities to audit LeadiDs, in real-time or in batch. When we refer to LeadiD Creation we mean a Form Owner implementing the proper code to utilize the LeadiD Platform to create and return to the Form Owner a unique LeadiD and possibly other associated information. If you agree to these Terms of Use, you are agreeing to utilize LeadiD Creation on websites or software applications where you utilize forms, as well as storing the LeadiD with the other captured form information (“Form Data”), and you also are agreeing that whenever you transfer any of these Form Data to another location or entity, that you will include the LeadiD with the transferred data and/or that we may share information that Lead Intel has stored associated with that particular LeadiD, for example, but not limited to, date/time of the LeadiD Creation, the individual or organization who created the LeadiD, Form Data, historical information of other LeadiD Auditors, and whatever additional information we have stored (hereinafter referred to as “LeadiD Forensics”). When we refer to LeadiD Auditing, we mean an individual or organization who receives data from another party, which is represented as Form Data and which includes the LeadiD, and wishes to receive LeadiD Forensics. The LeadiD Platform is designed to enable multiple individuals or organizations that are exposed to Form Data to certify these LeadiD Forensics. If you agree to these Terms of Use, you are agreeing to perform LeadiD Auditing on LeadiDs that you receive from other parties in order to receive back the LeadiD Forensics that you request, but at a minimum, you will perform LeadiD Auditing on each LeadiD in order to register your having been exposed to the LeadiD. In certain implementations of LeadiD, you may instead elect to receive a file of LeadiDs and LeadiD Forensics directly from us, in which case you are agreeing to this acceptable use of LeadiD Auditing.
2. LEADID CREATION USAGE. As a LeadiD Creator, we will provide you with a customized script and instructions that allows you to install the Services on a webpage on your site or within your software. When you install our script on a web page, you authorize us to use, reproduce, distribute, publicly display, and publicly perform the LeadiD Forensics to the extent necessary or desired for us to provide and promote the Services.
3. LEADID AUDITING USAGE. As a LeadiD Auditor, we will provide you with a customized set of instructions that allows you to audit one or more LeadiDs, on a one-by-one basis or in batch. When you use the LeadiD Auditing service, you authorize us to use, reproduce, distribute, publicly display, and publicly perform the audit you performed as well as any LeadiD Forensics to the extent necessary or desired for us to provide and promote the Services.
4. LEADID ACCOUNTS. If you are a Form Owner and/or an Auditor, we may require that you create an Account. You can create an Account by following the registration instructions provided on the Site. If you choose to create an Account, you agree to provide only true, current, accurate, and complete registration information, you will keep that information true, accurate, and up-to-date, and you agree that Lead Intel may make public the information that is within your Account or associated information, including your or your company’s or your organization’s name, logo, and any other such information. Each registration is for your personal use or for the use by the company or organization on whose behalf you access the Site and use the Service.
5. FORM OWNER AND AUDITOR RULES. We do not endorse any Form Owners or Auditors or any opinion, recommendation, or advice expressed by any Form Owners or Auditors, and we expressly disclaim any and all liability in connection with any use of the Services by Form Owners, Auditors, or anyone else. We may decide whether any use of the Services is inappropriate or not in compliance with these Terms of Use and reserve the right to suspend or terminate your use of the Services at any time, without prior notice and in our sole discretion.
6. OWNERSHIP AND LEADID LICENSES. You understand and acknowledge that the software, code, proprietary methods, and systems used to provide the Site or Services and any Downloadable Code (“Our Technology”), are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Subject to the terms of this Terms of Use, we hereby grant to any Form Owner and/or Auditor a limited, non-exclusive, worldwide license to use and reproduce the code provided by us that enables the installation of Services (the “Downloadable Code”), with the understanding that this right and license is personal to you and may not be sub-licensed or transferred to any other party. Except as specifically allowed in this paragraph, Our Technology may not be modified, reproduced, republished, posted, displayed, performed, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. If you are a U.S. Government end user, any of the components that constitute Our Technology and its related documentation is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire Our Technology and any documentation provided with the Services with only those rights set forth in these Terms of Use.
7. DATA RIGHTS. In consideration for the Services, you agree that we may collect data related to an End User’s use of the Services including an End User’s completing an online form that you have created (collectively, the “Data“). Our data collection, use, and disclosure practices are described more fully in our Privacy Policy and may include the use of log information and cookies that record anonymous (i.e., non-personal) information about End Users. You grant us a non-exclusive, perpetual, worldwide, and irrevocable right and license to collect, use, and disclose the Data as provided in our Privacy Policy and to allow our third party data partners to do the same.
8. PRIVACY. We know that your privacy and the security of your information is important. For this reason, we have created a Privacy Policy that describes our collection, use, and disclosure of information.
9. GEOGRAPHICAL RESTRICTIONS. We make no representation that all of the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access our Site and the Services, or make the Services available via the Form Owner’s Site or software, you do so on your own initiative and are responsible for compliance with local laws.
10. MODIFICATIONS TO TERMS. We may change the terms of these Terms of Use from time to time on a going-forward basis. We will notify you of any changes that are deemed, in our sole discretion, to be material by posting notice of the changes on the Site and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Site or Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease access to the Site and use of the Services.
11. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
12. TERMINATION. You acknowledge and agree that we, at our sole discretion, may terminate your use of the Site and/or the Services without prior notice for any reason at any time. You agree that we shall not be liable to you or any third party for termination of your access to the Site and Services. In the event of any termination, you will immediately cease access to the Site and/or the applicable Services, and we will no longer provide you such Services.
13. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site or Services;
• 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; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For notice of claims of copyright infringement on the Site or the Services, we can be reached by mail: DMCA Claims, Lead Intelligence, Inc., Box 492, Gwynedd Valley, PA, 19437, or by email at support@leadid.com. Please note that, pursuant to 17 U.S.C., section 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by Lead Intel in connection with the written notification and allegation of copyright infringement.

14. DISCLAIMERS. THE SITE AND SERVICES AS WELL AS ALL SOFTWARE, MATERIALS, AND TECHNOLOGY USED TO PROVIDE ANY OF THE FOREGOING, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEAD INTEL, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, QUIET ENJOYMENT, UN-INTERRUPTION, AND/OR SYSTEM INTEGRATION. LEAD INTEL, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.
15. LIMITATIONS OF LIABILITY AND CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE, AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL LEAD INTEL, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES OR LIKE DAMAGES, INCLUDING LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE AND CLARITY ONLY, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, THE SITE, THE LEADID PLATFORM, OR CONTENT. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT LEAD INTEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION BY US OF THESE TERMS OF USE IS TO DISCONTINUE USING THE SITE OR THE SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION OF THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. YOU AND LEAD INTEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR LEADID PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Lead Intel, our officers, directors, co-branders and other partners, employees, consultants, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (i) any content you submit, post, or transmit through the Site or Services, (ii) your use of the Site or Services, (iii) your violation of these Terms of Use, (iv) your violation of any rights of any other person or entity, or (v) any viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines input by you into the Site or Services.
18. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 16 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
19. SURVIVAL. Any provisions regarding ownership, any licenses that by their terms survive termination, as well as Sections 12 through 23 will survive the expiration or termination of these Terms of Use for any reason.
20. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to support@leadid.com or as otherwise expressly provided. Please report any violations of these Terms of Use to support@leadid.com.
21. COMPLIANCE WITH LAWS. You are responsible for compliance with all applicable laws.
22. CHOICE OF LAW AND VENUE. The Terms of Use and the relationship between you and Lead Intel will be governed by the laws of the State of Pennsylvania, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to the Terms of Use or your use of the Site or Services must be instituted exclusively in the federal or state courts located in Philadelphia, Pennsylvania and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.
23. ASSIGNMENT; INJUNCTIVE RELIEF. These Terms of Use are personal to you, and you may not transfer, assign, or delegate your right and/or duties under these Terms of Use to anyone else, and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
24. MODIFICATION OF TERMS OF USE. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
25. ENTIRE AGREEMENT. These Terms of Use, along with any addendums, constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications, or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

Last Updated: August 19, 2011