Terms of Service

Effective May 01, 2020

Introduction

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at www.companywell.co operated by Lead Labs, LLC (“Company”, “we”, “our”, “us”).

Your agreement with us includes these Terms (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

Subscriptions & Purchases

By signing up for an account, you agree to pay the monthly or annual subscription fees in full. Your monthly or annual subscription will automatically renew unless you cancel it. Your Subscription will automatically renew at the then-current amount for a term equal to the original term of the Subscription. You authorize the Company to charge your credit card on file for the then-current amount of each Subscription renewal each month. You may cancel your Subscription at any time but under no circumstance shall the Company issue any refund, setoff, or credit. Lead Labs reserves the right to change the payment terms and fees at any time within a thirty day time frame.

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order and account if fraud or an unauthorized or illegal transaction is suspected.

Cancellations and Refunds

Lead Labs LLC does not provide refunds to users who request cancellation of Services, regardless of the reason for the request. You may cancel your account at any time via email to [email protected] or in the Settings section of your account's dashboard. If you cancel paid Services, the cancellation will take effect at the end of your current billing period. Thereafter, Lead Labs LLC will cease charging you for paid services and will disable your paid account.

Rollover Credits

As an act of good faith we allow users to rollover their credits upon an upgrade, downgrade or cancelation of a paid subscription plan. If an account has a rollover credit balance we reserve the right to deduct those rollover credits from the Client’s credit bank first.

Support

Our service includes access to email and in application chat support. “Support” means the ability to make requests for technical support assistance by email at any time concerning the use of the Services. Lead Labs does not guarantee a reply time, but will reply within attempt to reply within a reasonable time.

Free Trial

Lead Labs, LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). At anytime Lead Labs, LLC reserves the right to disable any free trial account.

Should an individual company or organization have more than 2 free trial accounts, we reserve the right to pause those free trial accounts to discuss a larger partnership.

Disputes

Any dispute or claim arising out of or relating to this Agreement shall be adjudicated by binding arbitration between the parties in Delaware. Thus, the parties agree that they are expressly waiving their right to a trial. Arbitration under this Section shall be administered by the American Arbitration Association. The arbitration panel shall consist of one arbitrator, chosen in good faith by the parties, or if the parties cannot agree, by the American Arbitration Association. Arbitration shall be governed exclusively by the laws of the state of Delaware and the United States.

You agree to waive your right to participate in any class action, including any class or group arbitration.

Notwithstanding the terms of this Section, each party retains the right to bring an individual action to seek injunctive or other relief in a court of competent jurisdiction to prevent the actual or threatened tortious interference with a business relationship or contract.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Lead Labs, LLC has the right but not the obligation to monitor and edit all Content provided by users.

Use of Logo and Quotes

The customer hereby grants the express right to use Customer's company logo and any direct quotes in marketing, sales, financial, and public relations materials and other communications solely to identify Customer as a Lead Labs LLC customer. Lead Labs LLC hereby grants to Customer the express right to use Lead Labs LLC's logo solely to identify Lead Labs LLC as a provider of services to Customer. Other than as expressly stated herein, neither party shall use the other party's marks, codes, drawings or specifications without the prior written permission of the other party.

Integrations

As part of our service, Lead Labs LLC can directly connect, integrate and/or sync to your 3rd party tools as known as “Integrations”. By using Lead Labs LLC’s Integrations, you agree that we may read, store, update, use and process the associated data with these 3rd party tool connections. Lead Labs LLC takes reasonable security measures to anonymous the source of the data. If the customer wishes to not allow these 3rd party connections, the customer may turn off these connections via the Dashboard or email [email protected]

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Company rating.
  • Otherwise attempt to interfere with the proper working of Service.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

Limitation of Damages

The Site and API access is provided "as is", "where is", and "with all faults", and without warranty of any kind, whether express, implied, or otherwise. Without limiting the foregoing, the company expressly disclaims any warranty of fitness for a particular purpose, merchantability, or accuracy. We do not warrant that the Site will be free of bugs, errors, viruses or other defects, and the Company shall have no liability of any kind for the use of or inability to use the Site or any of the Services.

The Company shall in no way be responsible for any losses or damages whatsoever, including lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages, arising out of or relating to this Agreement, the Site, or Services of the Company, whether based in contract, tort (including negligence), strict liability or other theory, even if the Company has been advised of the possibility of such damages. We may be unable to complete some Projects and some Projects may not be completed to your satisfaction. Your sole recourse in such a case is to cancel your Subscription.

You agree to indemnify and hold the Company, its subsidiaries, parents, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability or claim, made by any third party due to or arising out of your breach of or failure to comply with this Agreement, your use of the Site, and your violation of any statute, regulation, ordinance, code, or agreement.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Lead Labs, LLC and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lead Labs, LLC.

Error Reporting and Feedback

You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Lead Labs, LLC.

Lead Labs, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT LEAD LABS, LLC 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 THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

Please send your feedback, comments, requests for technical support by email to [email protected].