Terms & Conditions
1. THE PARTIES
1.1 The users acknowledge that the Terms of Use (hereinafter referred to as the “Terms”) shall enter into force upon their access to the Website and that they shall be obliged to comply with these Terms.
1.2 Within the scope of these Terms the Company and the Users shall be referred as “Party” separately and as “Parties” collectively.
2. SUBJECT OF THE TERMS
The subject of these Terms is to determine the terms and conditions regarding the use of the Website and the data, research and reference materials (collectively referred to as “Data”) provided to the Users to be purchased via the Website and to regulate the rights and obligations of the Parties. All data purchased is delivered digitally. For a full description of our product go to Vxleads.com.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1
The User shall comply with the Terms and other provisions that may be published on the Website from time to time and any and all applicable laws, in all their transactions via the Website and shall not act in a manner that may hinder the operation of the Website. The User shall comply with all provisions of the Non-solicited Pornography and Marketing Act of 2003 (“Can Spam Act”), General Data Protection Regulation (“GDPR”), and/or with any other applicable legislation (all shall be referred to as “Applicable Laws”) related to their business activities.
3.2
The User shall be solely responsible for the use and management of any information they obtain from the Website and for keeping their password confidential and secure. The User shall be obliged to inform the Company of any unauthorized use of their username and password. Any activity carried out via the User’s account shall be considered as carried out by the User, and the User shall be solely liable for damages incurred by the User and/or third parties in consequence of the use of such information by any person other than the User or loss or handover of such information. If the User creates an account on behalf of an institute, institution, or enterprise, they accept and undertake that they shall be vested with the necessary permission to represent the said institute, institution, or enterprise. The User shall under no condition transfer the generated username, password, and membership profiles to another user or authorize third persons to use such.
3.3
The Company endeavors to remain fully compliant with the Applicable Laws during its marketing service activities. Thus, in line with GDPR implications, the Company has implemented a "Legitimate Interest Assessment (“LIA”) test and will update this regularly. However, the Company shall not be liable in any way for the use or accuracy of the Marketing Services. The User shall be solely responsible for compliance with the Applicable Laws, including but not limited to laws relating to telemarketing, email, fax marketing, customer solicitation, data protection, and privacy with regard to the use of Marketing Services. The User shall bear any legal, administrative, and criminal responsibility with regard to the use of the Marketing Services. The Company shall not be held responsible, directly or indirectly, in any manner whatsoever, for damages that may be incurred by third parties in consequence of the User’s activities carried out via the Website or by using the Marketing Services and/or their breach of these Terms or any applicable law. Any claims submitted by third parties within this scope, and damages arising from the User’s activities or failure to perform their obligations specified in these Terms, shall be recourse to the User to be paid upon the first request. The User hereby indemnifies the Company in full for all unauthorized use of the Marketing Services.
3.4
The Company grants Users a non-exclusive, non-transferable license to use the Marketing Services subject to these Terms. Except to the extent specifically authorized in writing by the Company, the User shall not use the Marketing Services for purposes such as consumer credit, consumer insurance underwriting, employment, tenant screening, or any other prohibited or restricted purposes under applicable statutes or regulations. The User shall not attribute the Marketing Services to the Company or its affiliates. The User is solely liable for any use of the Marketing Services.
3.5
The Company reserves the right to review materials used by the User in promotions to ensure that the use of the Marketing Services is both appropriate and in accordance with the permitted uses. However, the Company’s failure to review such materials, or failure to object to any use thereof, shall not constitute the Company’s acceptance of the materials or be considered a waiver of any rights the Company may have, nor limit any obligations the User may have regarding the use of the Marketing Services. The Company may also randomly monitor (through seeding and other means) the User’s use of the Marketing Services to ensure compliance with permitted uses.
3.6
The User is strictly prohibited from reselling and/or publishing the Marketing Services or making the Marketing Services otherwise available to third parties (either fully or partially) in any way. The User shall only use the Marketing Services in accordance with the purpose of these Terms. The Marketing Services shall in no way be used to offer services competing with those offered by the Company or in any other way that would compete with the Website.
3.7
The User agrees and accepts that the purchase of Marketing Services is final and non-refundable. The User enters into a binding purchase contract by processing their order. The User authorizes the Company to charge them in full for any Marketing Services purchased via the Website. In addition to one-time or pay-as-you-go purchases, the Company may also offer the User the option to pre-pay by buying packs of credits that can be used in the future. Purchased credits are non-refundable. The User may also have the option to enter into a subscription contract for a set term, wherein the User will be charged the current subscription rate, and their account will be credited with the corresponding number of credits. By selecting a subscription option, the User enters into a binding purchase contract for the specified period and is responsible for full payment. If payments are not made, the Company may take collections actions, including legal action. Credits do not expire.
3.8
All rights to the software, visuals and designs, texts, logos, and graphics associated with the Website belong to the Company. Copying, distributing, processing, or using such content beyond the intended use of the Website is strictly prohibited. Additionally, Users are prohibited from performing actions such as:
(i) hindering the operation of the Website or its software;
(ii) excessively burdening the Website;
(iii) threatening the Website's security or other Users; or
(iv) attempting to reverse engineer or compromise any software, hardware, or servers associated with the Website.
3.9
The Company reserves the right to unilaterally amend, supplement, or update these Terms, the Privacy Policy, and other provisions published on the Website. Amendments take effect upon publication, and continued use of the Website constitutes acceptance of the updated terms.
3.10
Rules regarding User information are set forth in the Privacy Policy. The Company shall not use User information outside the scope of these Terms and the Privacy Policy. Non-personal data may be collected via cookies to enhance the Website’s utility. Users permit such use of their information.
3.11
The User accepts that Website access may be temporarily suspended to implement improvements or changes.
4. LIMITATION OF LIABILITY
4.1 The Company shall not be liable directly or indirectly for any damages that may occur in consequence of the breach of contract, torts or any other reason that may arise from the access or use of the Website or of the Data, other data, programs etc. on the Website. The Company does not accept any liability on the issues where the transaction is interrupted, data is deleted or lost, the transaction or communication is delayed, and computer viruses, communication error, theft, annihilation or unauthorized access to the records, change or use of the records that may occur in consequence of the breach of these Terms, torts, omission or any other reasons. It shall be accepted that the Company is held harmless from any liabilities, claims and damages including court and other expenses that may arise from the access to the Website or other linked websites, from the use or visit of the Website, or use of the Data.
4.2 The User acknowledges and declares that links to the websites and/or platforms, files or contents which are not controlled by the Company may be given via the Website, third party services may be offered, and that such links shall not be considered as provided for purposes of support to the website or its operator, or as undertaking or guaranteeing anything with regard to the website or its content, the Company shall not be liable for the platforms, websites, files and contents, services or goods or for their content.
4.3 To the extent allowed by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, which may be incurred as a result of the use of the Website and Data, including but not limited to loss of profit, loss of goodwill or business reputation. The Company makes no warranty that the Data is useful for any particular purpose and the data is sole “as is.” Data, features and other contents on the Website are being offered “AS IS” and the Company does not provide any commitment or undertaking with regard to the authenticity, accuracy or security of such. Furthermore, the Company disclaims all warranties whether express or implied, including but not limited to the implied warranties and conditions of merchantability and fitness for a particular purpose or use or non-breach.
4.4 The User acknowledges and declares that the availability and quality of the Website and contents provided via the Website substantially depend upon the service quality provided by the relevant Internet Service Provider and that the Company is not responsible for any problems arising from such service quality, that they are aware that the operation of the Website is not error free and malfunction and blocked access may be occurred from time to time.
4.5 The User acknowledges that the Company does not guarantee the absence of viruses, worms or any other attacks and unauthorized access to the Website or transfers to or from the Website, and the Company shall not be obliged to provide support, maintenance, update or new versions with respect to the software.
5. EFFECTIVENESS
These Terms and its integral part Privacy Policy and all the terms stated on the Website shall enter into force upon the User’s access to the Website.
6. SUSPENSION AND TERMINATION OF THE TERMS
6.1 The Company may suspend the User’s use and/or utilization of the Website temporarily or permanently in the event that the User fails to comply with these Terms and other terms and rules published on the Website, that the User’s activities constitutes legal, technical and especially information security risks, the User harms the third parties’ individual and commercial rights. The User shall not claim any demands in this regard.
6.2 The Company may terminate or suspend the Website and/or these Terms, at any time for a definite or indefinite period.
7. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.
User and the Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement your use of or access to the services, or any products or services sold or purchased through the services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
7.1. Applicable Law
User agrees that, except to the extent inconsistent with or preempted by federal law, the laws of the State of New York, without regard to principles of conflict of laws, will govern Terms of Use and any claim or dispute that has arisen or may arise between you and the Company, except as otherwise stated in the User Agreement.
7.2. Agreement to Arbitrate
User and the Company each agree that any and all dispute or claims that have arisen or may arise between you and the Company relating in any way to or arising out of this or previous versions of the Terms of Use, your use of or access to the Company’s Services, or any products or services sold, offered, or purchased through the Company’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org by calling the AAA at 1-800-778-7879. The use of the Word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. The Arbitration State be in New York, New York.
7.3. Costs of Arbitration
The costs of the arbitration include legal costs shall be paid by the losing party.