Welcome to
the lgtlistbuilding.com owned by LGT Marketing,
(hereinafter the "COMPANY" or "we").
The goal of
LGT List Building is to offer quality marketing tools,
services, resources, with live workshops to the Internet
community at an affordable price.
lgtlistbuilding.com is an online resource center that
provides articles, graphics, software, responders, c panel
hosting, ecommerce, and more to our members. Members can
earn income from Google, Amazon, and Click Bank. We pay our
affiliates a 1 level monthly or yearly commission on
personally sponsored members.
lgtlistbuilding.com requires that all persons or
entities visiting this Website agree to the following terms
and conditions. Please read our Terms of Use Agreement (the
"TOU") carefully before continuing on with your use of this
Website or becoming a Member/Customer of the Website. The
Agreement and/or Terms shall govern the use of the Website
and apply to all Internet traffic visiting the Website. If
you do not agree to any of these terms, then do not use the
Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS
WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE
THROUGH THE lgtlistbuilding.com DOMAIN NAME, THE
"WEBSITE"), YOU ("User," "YOU" OR "YOUR" ) SIGNIFY YOUR
ASSENT TO THE TOU, THE WEBSITE'S PRIVACY POLICY, WHICH IS
PUBLISHED AT WWW. .COM AND THE GOODS/SERVICES YOU OBTAIN
FROM THE UTILIZATION OF WEBSITE'S SERVICES AND WHICH ARE
INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY
TO REVIEW THE TOU PERIODICALLY. IF AT ANY TIME YOU FIND THE
TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE, YOU MUST
IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF THE
SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE
SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD
AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
A. lgtlistbuilding.com reserves the right to update the
TOU at any time without notice to User.
B. The right to use lgtlistbuilding.com is personal to
User and is not transferable to any other person or entity.
User is responsible for all use of User's Account (under any
screen name or password) and for ensuring that all use of
User's Account complies fully with the provisions of this
Agreement. User shall be responsible for protecting the
confidentiality of User's password(s), if any.
C. COMPANY shall have the right at any time to change or
discontinue any aspect or feature of
lgtlistbuilding.com, including, but not limited to,
content, hours of availability, and equipment needed for
access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located or
published at the bottom of our Web pages. LGT List Building shall have the right at any time to change or modify
the terms and conditions applicable to User's use of
lgtlistbuilding.com, or any part thereof, or to impose
new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not
limited to, posting on lgtlistbuilding.com, or by
electronic or conventional mail, or by any other means by
which User obtains notice thereof. Any use of
lgtlistbuilding.com by User after such notice shall be
deemed to constitute acceptance by User of such changes,
modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Website and Protected Materials, LGT List
Building provides User with access to a variety of resources,
including download areas, software, communication forums and
product information (collectively "Services"). Protected
Materials are all materials or other intellectual property
rights, or which may be construed as proprietary information
including, but not limited to, any and all technical and
non-technical information that is valuable to LGT List
Building such as subscription programs, audio/visual
programs, coaching programs, tele-seminars, tele-coaching,
flip charts, audio/video products, books, training routines,
training processes, course material, literature, pamphlets,
processes, procedures, patents, trademarks, service marks,
products, copyrights, trade secrets, techniques, sketches,
drawings, models, invention, know-how and equipment related
to current and contemplated products and services,
inventions, manufacturing, purchasing, accounting,
engineering, marketing, merchandising and sales, to the
extent necessary and as may be reasonably required during
the relationship will be considered protected material. The
Services, including any updates, enhancements, new features,
and/or the addition of any new Protected Materials, are
subject to the TOU, the privacy policy and the domain
licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all
telephone, computer hardware, software and other equipment
needed for access to and use of lgtlistbuilding.com and
all charges related thereto.
5. USER CONDUCT
A. User shall use lgtlistbuilding.com for lawful
purposes only. User shall not post or transmit through
lgtlistbuilding.com any material which violates or
infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without LGT List
Building express prior approval, contains
advertising or any solicitation with respect to products or
services. Any conduct by User that in LGT List Building
discretion restricts or inhibits any other User from using
or enjoying lgtlistbuilding.com will not be permitted.
User shall not use lgtlistbuilding.com to advertise or
perform any commercial solicitation, including, but not
limited to, the solicitation of users to become subscribers
of other on-line information services competitive with LGT
List Building.
B. lgtlistbuilding.com contains copyrighted material,
trademarks and other proprietary information, including, but
not limited to, text, software, photos, video, graphics,
music and sound, and the entire contents of
lgtlistbuilding.com are copyrighted as a collective work
under the United States copyright laws. LGT List Building owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in
the content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content,
in whole or in part. User may download copyrighted material
for User's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express
permission of LGT List Building and the copyright owner.
In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or
copyright notice shall be made. User acknowledges that it
does not acquire any ownership rights by downloading
copyrighted material.
C. User shall not upload, post or otherwise make available
on lgtlistbuilding.com any material protected by
copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining
that any material is not protected by copyright rests with
User. User shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. By
submitting material to any public area of
lgtlistbuilding.com, User automatically grants, or
warrants that the owner of such material has expressly
granted LGT List Building the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or
technology now known or hereafter developed for the full
term of any copyright that may exist in such material. User
also permits any other User to access, view, store, or
reproduce the material for that User's personal use. User
hereby grants LGT List Building the right to edit, copy,
publish and distribute any material made available on
lgtlistbuilding.com by User.
D. The foregoing provisions of Section 5 are for the benefit
of LGT List Building, its subsidiaries, affiliates and
its third party content providers and licensors and each
shall have the right to assert and enforce such provisions
directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board
services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to
enable User to communicate with others (each a
"Communication Service" and collectively "Communication
Services"). User agrees to use the Communication Services
only to post, send and receive messages and material that
are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a
limitation, User agrees that when using the Communication
Services, User will not:
" Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages
(commercial or otherwise).
" Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
" Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
" Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by
intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless User own or control
the rights thereto or have received all necessary consent to
do the same.
" Use any material or information, including images or
photographs, which are made available through the Services
in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any
party.
" Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer or property of another.
" Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services
specifically allows such messages.
" Download any file posted by another user of a
Communication Service that User know, or reasonably should
know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
" Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or
source of software or other material contained in a file
that is uploaded.
" Restrict or inhibit any other user from using and enjoying
the Communication Services.
" Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
" Harvest or otherwise collect information about others,
including email addresses.
" Violate any applicable laws or regulations.
" Create a false identity for the purpose of misleading
others.
" Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of users
of the Services or other user or usage information or any
portion thereof.
B. LGT List Building has no obligation to monitor the
Communication Services. However, LGT List Building
reserves the right to review materials posted to the
Communication Services and to remove any materials in its
sole discretion. LGT List Building reserves the right to
terminate User's access to any or all of the Communication
Services at any time, without notice, for any reason
whatsoever. LGT List Building reserves the right at all
times to disclose any information as it deems necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in
LGT List Building sole discretion.
C. Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or
dissemination; User is responsible for adhering to such
limitations if User downloads the materials.
D. Always use caution when giving out any personally
identifiable information in any Communication Services. LGT
List Building does not control or endorse the content,
messages or information found in any Communication Services
and, therefore, LGT List Building specifically disclaims
any liability with regard to the Communication Services and
any actions resulting from User's participation in any
Communication Services. Managers and hosts are not
authorized LGT List Building spokespersons, and their
views do not necessarily reflect those of LGT List Building.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the
Services requires User to open an account, User must
complete the registration process by providing LGT List
Building with current, complete and accurate
information as prompted by the applicable registration form.
User also will choose a password and a user name. User is
entirely responsible for maintaining the confidentiality of
User's password and account. Furthermore, User is entirely
responsible for any and all activities that occur under
User's account. User agrees to notify LGT List Building
immediately of any unauthorized use of User's account or any
other breach of security. LGT List Building will not be
liable for any loss that User may incur as a result of
someone else using User's password or account, either with
or without User's knowledge. However, User could be held
liable for losses incurred by LGT List Building or
another party due to someone else using User's account or
password. User may not use anyone else's account at any
time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the
Services ("Software") is the copyrighted work of
LGT List Building and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install
any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License
Agreement terms.
B. The License Agreement is based upon one domain name use.
Domains need to be fully owned by the User. Users can buy as
many licenses as they need for as many domains that the User
owns.
C. The Software is made available for download solely for
use or personal use by end users according to the License
Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil
and criminal penalties. The Software is made available for
download solely for use or personal use by end users
according to the License Agreement. Violators will have
their licenses revoked if they do not follow these terms and
will be prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH
SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, LGT List Building
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, LGT List Building MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. LGT
List Building DOES NOT MAKE ANY ASSURANCES WITH REGARD TO
THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all
copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal
use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications
of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges,
and state community colleges, may download and reproduce the
Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
LGT List Building AND/OR ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL LGT List Building
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. LGT List Building AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS SITE
IN NO EVENT SHALL LGT List Building AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO LGT List Building OR POSTED
AT ANY OF ITS WEBSITES
A. LGT List Building does not claim ownership of the
materials User provides to LGT List Building (including
feedback and suggestions) or post, upload, input or submit
to any Services or its associated services for review by the
general public, or by the members of any public or private
community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") User's Submission User
is granting LGT List Building, its affiliated companies
and necessary sublicenses permission to use User's
Submission in connection with the operation of their
Internet businesses (including, without limitation, all LGT
List Building Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and
reformat User's Submission; to publish User's name in
connection with User's Submission; and the right to
sublicense such rights to any supplier of the Services. No
compensation will be paid with respect to the use of User's
Submission, as provided herein. LGT List Building is
under no obligation to post or use any Submission User may
provide and LGT List Building may remove any Submission
at any time in its sole discretion. By Posting a Submission
User warrants and represents to own or otherwise control all
of the rights to User's Submission as described in these
Terms of Use including, without limitation, all the rights
necessary for User to provide, post, upload, input or submit
the Submissions.
B. In addition to the warranty and representation set forth
above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), User warrants and represents
that (a) User is the copyright owner of such Images, or that
the copyright owner of such Images has granted User
permission to use such Images or any content and/or images
contained in such Images consistent with the manner and
purpose of User's use and as otherwise permitted by these
Terms of Use and the Services, (b) User has the rights
necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in
such Images, if any, has provided consent to the use of the
Images as set forth in these Terms of Use, including, by way
of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting
Images, User is granting (a) to all members of User's
private community (for each such Images available to members
of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services,
other than a private community), permission to use User's
Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift
items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
User's Images without having User's name attached to such
Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the
preceding sentences for a Images will terminate at the time
User completely remove such Images from the Services,
provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the
time User completely remove such Images. No compensation
will be paid with respect to the use of User's Images.
C. LGT List Building is a distributor (and not a
publisher) of content supplied by third parties and Users.
Accordingly, LGT List Building has no more editorial
control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed
or made available by third parties, including information
providers, Users or any other user of
lgtlistbuilding.com, are those of the respective
author(s) or distributor(s) and not of LGT List Building. Neither
LGT List Building nor any third-party
provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree
to obey the law and to respect the intellectual property
rights of others. Your use of the Services and the Website
is at all times governed by and subject to laws regarding
copyright ownership and use of intellectual property. You
agree not to upload, download, display, perform, transmit,
or otherwise distribute any information or Materials in
violation of any third party's copyrights, trademarks, or
other intellectual property or proprietary rights. You agree
to abide by laws regarding copyright ownership and use of
intellectual property, and you shall be solely responsible
for any violations of any relevant laws and for any
infringements of third party rights caused by any Materials
you provide or transmit, or that is provided or transmitted
using your User ID. The burden of proving that any Materials
do not violate any laws or third party rights rests solely
with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF lgtlistbuilding.com
IS AT USER'S SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT
lgtlistbuilding.com WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF lgtlistbuilding.com, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH
LeadGeneratingTools.com.
B. lgtlistbuilding.com IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL LGT List Building, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
lgtlistbuilding.com OR THE LGT List Building
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE LeadGeneratingTools.com. USER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER LGT List
Building NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN lgtlistbuilding.com, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE
ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. LGT
List Building, ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER LGT
List Building NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS
OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES
RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR
TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT
SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN
(15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THS
AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS
IN THIS AREA WILL LET YOU LEAVE LGT List Building SITE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF LGT List
Building AND LGT List Building IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO
SUCH SITES. LGT List Building IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. LGT List Building IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY LGT List Building OF
THE SITE.
B. LGT List Building is a distributor (and not a
publisher) of content supplied by third parties and Users.
Accordingly, LGT List Building has no more editorial
control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed
or made available by third parties, including information
providers, Users or any other user of
lgtlistbuilding.com, are those of the respective
author(s) or distributor(s) and not of LGT List Building. Neither
LGT List Building nor any third-party
provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
C. In many instances, the content available through
lgtlistbuilding.com represents the opinions and
judgments of the respective information provider, User, or
other user not under contract with LGT List Building.
LGT List Building neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or
statement made on lgtlistbuilding.com by anyone other
than authorized LGT List Building employee spokespersons
while acting in their official capacities. Under no
circumstances will LGT List Building be liable for any
loss or damage caused by a User's reliance on information
obtained through LeadGeneratingTools.com. It is the
responsibility of User to evaluate the accuracy,
completeness or usefulness of any information, opinion,
advice or other content available through LGT List Building. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
15.
UNSOLICITED IDEA SUBMISSION POLICY
LGT List
Building OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF
THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN COMPANY'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO LGT List Building. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
COMPANY OR ANYONE AT LGT List Building. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT LGT List Building MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL
BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
16.
PRIVACY POLICY
LGT List
Building respects your privacy and permits Users to
control the treatment of personal information. A complete
statement of LGT List Building current Privacy Policy
can be reviewed on our "Privacy Policy" link located or
published at the bottom of our Web pages.
17. MONITORING
LGT List Building shall have the right, but not the
obligation, to monitor the content of
lgtlistbuilding.com, including chat rooms and forums, to
determine compliance with this Agreement and any operating
rules established by LGT List Building and to satisfy
any law, regulation or authorized government request. LGT
List Building shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to
or posted on LeadGeneratingTools.com. Without limiting the
foregoing, LGT List Building shall have the right to
remove any material that LGT List Building, in its sole
discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless LGT List
Building, its affiliates and their respective
directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising
out of the use of LGT List Building by User or User's
Account.
19.
TERMINATION
Either LGT
List Building, lgtlistbuilding.com or User may
terminate this Agreement at any time. Without limiting the
foregoing, LGT List Building shall have the right to
immediately terminate User's Account in the event of any
conduct by User which LGT List Building, in its sole
discretion, considers to be unacceptable, or in the event of
any breach by User of this Agreement.
20.
PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications and
online media products. If you pay a company other than us
for the service, then the charges and billing terms are as
stated by the other company. Even if you do not pay for the
service, you may still incur charges incidental to using the
service; for example, charges for Internet access, mobile
text messaging, or other data transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT
METHOD. YOU MUST BE AUTHORIZED TO USE THE PAYMENT METHOD.
YOU AUTHORIZE US TO CHARGE YOU FOR THE SERVICE USING YOUR
PAYMENT METHOD AND FOR ANY PAID FEATURE OF THE SERVICE FOR
WHICH YOU CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN
FORCE. WE MAY BILL YOU FOR MORE THAN ONE OF YOUR PRIOR
BILLING PERIODS TOGETHER. IF WE INFORMED YOU THAT THE
SERVICE WOULD BE PROVIDED INDEFINITELY OR AUTOMATICALLY
RENEWED, WE MAY AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE
YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free service or
some other trial period offer. Unless we notify you
otherwise, if you are participating in any trial period
offer, you must cancel the service by the end of the trial
period to avoid incurring charges. If you do not cancel your
service, and we have informed you that the service will
automatically be converted into a paid subscription at the
end of the trial period, then you authorize us to charge
your payment method for the service.
D. The price for the service excludes all taxes and phone
charges, unless stated otherwise. These taxes and charges
are your responsibility. Currency exchange settlements are
based on your agreement with your payment method provider.
We may change the price of the service from time to time,
but we will tell you before we do.
E. If there is a specific time length and price for your
service offer, then that price will remain in force for that
time. After the offer period ends, your use of the service
will be charged at the new price.
F. If you do not agree to these changes, then you must
cancel and stop using the service before the changes take
place. If you cancel your service, then your service ends at
the end of your current service time length or, if we bill
your account on a period basis, at the end of the period in
which you cancelled.
G. We will provide you with an online billing statement
accessible online through your User Account. This is the
only billing statement that we provide. If you request a
paper copy, we may charge you a retrieval fee. We will only
provide paper copies for the past 120 days. If we make an
error on your bill, we will correct it promptly after you
tell us and we investigate the charge. You must tell us
within 120 days after an error first appears on your bill.
You release us from all liability and claims of loss
resulting from any error that you do not report to us within
120 days after the error first appears on your online
statement. If you do not tell us within this time, we will
not be required to correct the error. We can correct billing
errors at any time.
H. You may cancel the service at any time, with or without
cause. Go to
our support room to obtain information on
cancelling your service. Certain service offers may require
cancellation charges, and you will pay all cancellation
charges as specified in the materials describing the offer.
Cancellation of the service by you will not alter your
obligation to pay all charges made to your billing account
for which you have already used the Services.
J. The User Fee is non-refundable. If you cancel a paid User
Fee, LGT List Building will refund the pro-rated amount
based on the number of un-used days of User Fee. Under no
circumstances will the amount of the refund exceed the
amount you paid for Services.
21. ENTIRE AGREEMENT
This
Agreement, the privacy policy, domain licenses and any
operating rules for lgtlistbuilding.com established by LGT
List Building constitute the entire agreement of the
parties and supersede all previous written or oral
agreements between the parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that all
disputes, claims or controversies that exist or may come to
exist between them including, without limitation, all
disputes, claims or controversies that exist or may arise
out of, under or in connection with this Agreement, first to
binding arbitration located in Monroe County, State of New
York in accordance with the Commercial Arbitration
Procedures of the American Arbitration Association. The
parties agree that judgment upon the arbitration award will
be final, binding and conclusive upon each party and may be
entered into any court having jurisdiction. In the case of
action under this Section, the prevailing party shall be
entitled to recover its costs of the proceeding, including
reasonable attorneys' fees and out of pocket expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any
operating rules for lgtlistbuilding.com shall be
construed in accordance with and governed by the laws of the
United States and the State of New York, without reference
to their rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the
state or federal courts in Monroe County, State of New York,
United States in all disputes arising out of or related to
the use of the Website or, without reference to their rules
regarding conflicts of law.
23. SEVERABILITY
If, for whatever reason, a court of competent jurisdiction
finds any term or condition in these Terms of Use to be
unenforceable, all other terms and conditions will remain
unaffected and in full force and effect.
24. WAIVER
No waiver of any breach of any provision of these Terms of
Use shall constitute a waiver of any prior, concurrent, or
subsequent breach of the same or any other provisions
hereof, and no waiver shall be effective unless made in
writing and signed by an authorized representative of the
waiving party.
25. HEADINGS
The section headings used herein are for convenience only
and shall not be given any legal importance.
26. COPYRIGHT
All contents
of Website or Services are: © LGT List Building. All
rights reserved.
27.TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners. The
example companies, organizations, products, domain names,
email addresses, logos, people and events depicted herein
are fictitious. No association with any real company,
organization, product, domain name, email address, logo,
person, or event is intended or should be inferred. Any
rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as
granting you a license to use any of the trademarks, service
marks, logos and the like owned by LGT List Building or
by any third party.
29. NOTICES
Any notices to LGT List Building shall be given by email
to support@lgtlistbuilding.com or by certified mail,
return receipt requested to LGT List Building, address
423 Culver Pkwy Rochester, NY 14609. Any notice to Users
shall be sent by email to the email address provided by the
User. Email notices to a User shall be deemed delivered
twenty-four (24) hours from the time the email is sent.
Notices to LGT List Building shall be deemed delivered
five (5) calendar days after sent by certified mail.
30. COPYRIGHT INFRINGEMENT
LGT List Building has in place certain legally mandated
procedures regarding allegations of copyright infringement
occurring on the Website or with the Services. LGT List
Building has adopted a policy that provides for the
immediate suspension and/or termination of any Website or
Services user who is found to have infringed on the rights
of LGT List Building or of a third party, or otherwise
violated any intellectual property laws or regulations. LGT
List Building policy is to investigate any allegations of
copyright infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your rights
or the rights of a third party have been violated and you
want LGT List Building to delete, edit, or disable the
material in question, you must provide LGT List Building
with all of the following information: (a) a physical or
electronic signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly
infringed; (b) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative
list of such works; (c) identification of the material that
is claimed to be infringed or to be the subject of
infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably
sufficient to permit LGT List Building to locate the
material; (d) information reasonably sufficient to permit
LGT List Building to contact you, such as an address,
telephone number, and if available, an electronic mail
address at which you may be contacted; (e) a statement that
you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright
owner, its agent, or the law; and (f) a statement that the
information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed. For this notification to be effective you must
provide it to the Copyright Infringement Unit,
support@lgtlistbuilding.com and by certified mail,
return receipt requested LGT List Building, address 423
Culver Pkwy Rochester, NY 14609.
31. INDEPENDENT PARTIES
You and LGT List
Building expressly agree that each is an independent
contractor of the other. Neither party is an agent,
representative, broker, employee, partner or joint venturer
of the other party. This Agreement shall not be interpreted
or construed to create an association, joint venture,
agency, franchise or partnership between the parties or to
impose any partnership obligation or liability upon either
party
32. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE
TO BE BOUND BY THEM.
ANY RIGHTS
NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
