These Terms were last updated on August 15, 2017.
BY USING THE SITES OR OPENING AND/OR ACCESSING AN ACCOUNT, YOU (also referred to as “Customer” or “User”) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS. If you do not agree with these Terms, you may not visit or use the Sites and make no further access to Sites.
We reserve the right to refuse to provide you access to the Sites or to allow you access to an Account for any reason at anytime and without prior notice.
Any reference in these Terms to “our consent” or “Nexsales’ consent” refers to the written consent of a duly authorized representative of Nexsales.
Accounts and Security
To use aspects of the Sites, you must be a registered customer with a valid login credentials given by Nexsales. To access Sites, each User will submit their unique login and password information pre-authorized by Nexsales. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. You agree that you will not (i) select or use the email address of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use an email address that Nexsales’, in its sole discretion, deems inappropriate or offensive; (iv) provide Customer Account Information/IDs to more than the quantity of designated authorized Users stated in the applicable Agreement or Order. or (v) breach any representation, warranty or promise made by you in these Terms regarding your Account.
You agree to immediately notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by others using the Sites, your email address and password. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
We may immediately terminate your Account, suspend your access to your Account, and/or remove, edit or delete any Submitted Information, in our sole discretion and, without notice, for conduct that we believe is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these Terms or any other policies or guidelines posted by Nexsales’; or (iii) harmful to other users, third parties, or the business interests of Nexsales’. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against Nexsales’, or a claim which in any way involves Nexsales’, then we may terminate your Account. Upon termination of your Account by us for any of the above-mentioned reasons, (a) you may not establish a new Account for a period of one year (or such other duration as we may determine in our sole discretion) from the date of termination, (b) we will have no obligation to notify any third parties regarding such termination, and (c) you will be responsible for any damages that may result or arise out of termination of your Account.
You may only use the Sites and/or open and/or access an Account if your applicable jurisdiction allows you to accept the terms set forth in these Terms in accordance with the acceptance procedures adopted by us.
Limited License; Restrictions on Use
We grant you a limited license to access and use the Sites and services, including, but not limited to, information, data and programs, available on or through the Sites (“Service”), and your Account for your personal, internal use, subject to all the terms and conditions of this Agreement. However, this license does not allow you to make any commercial use or any derivative use of the Sites (including any of its individual elements or content). You may not use, frame or utilize framing techniques to enclose the Sites, or any individual element or materials within the Sites or create a link to the Sites accessing such elements or materials, including without limitation, Nexsales’ trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without our prior written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing a RightLeads’ and Nexsale’s name, trademark, URL, or product name without our prior written consent.
No part of the Sites may be reproduced, modified, or distributed in any form or manner without our prior written permission; provided no such permission is necessary in connection with the fair use of excerpts of freely available (i.e., available to any visitor to the Sites without any requirement of registration or payment of fees) factual information on the Sites regarding descriptions of Nexsales’ and its products and services, and provided such use is in accordance with United States copyright laws. You may not robotically or otherwise automatically harvest, scrape, extract, copy, access or collect any information or data from the Sites.
You will use the Service and Sites in compliance with all applicable laws and regulations including but not limited to those regarding telemarketing, commercial email, customer solicitation (including fax or wireless advertising and/or direct mail solicitation), data protection, privacy and anti-corruption as well as any industry guidelines to which it is subject. Information may contain personal information protected under the data protection laws and regulations of various countries and you will comply with any applicable obligations required under such laws and regulations and ensure that such personal data is only used by appropriate and trained personnel. The Service may contain email addresses found in the public domain and without limiting the foregoing You will abide by the guidelines of the CAN-SPAM Act of 2003, the EU Directive 2002/58, and the Canadian Anti-Spam Law (FISA) when handling such email addresses. We and our Third Party Partners shall have no liability arising out of or relating in any way to any solicitation and/or communication You make using the Sites or Service
Use of the Sites
Access to and use of password protected and/or secure areas of this RIGHTLEADS Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Nexsales Site may be subject to prosecution. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone without the express prior written consent of Nexsales. Copying and distributing the Services to third parties is forbidden. You may not: (a) use or permit the use of the Service to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a Third Party; (b) use or permit the use of the Service for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a Third Party; or (c) use or permit the use of the information in connection with any individual credit, employment, or insurance applications.
You additionally agree not to:
use the Sites to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Sites;
remove any proprietary notices from the Sites;
cause, permit or authorize the modification, creation of derivative works, or translation of the Sites without our prior written permission;
use the Sites for fraudulent purposes;
attempt to decompile, reverse engineer, disassemble or hack the Sites or any of the software embedded or included therein, or to defeat or overcome any encryption technology or security measures implemented by Nexsales with respect to the Sites, or any of the Nexsales’ Products and/or data transmitted, processed or stored by Nexsales;
attempt to or abet or allow distributed denial-of-service (DDoS) attack on the Sites or any of the software embedded or included therein from endpoints accessible by, owned by or used by the User;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in Nexsales’ message boards, directories, and in all other parts of the Sites.
You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Nexsales, its users and the public.
You understand that the technical processing and transmission of the Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Violation of These Terms by Others
If you believe a user on the Sites has violated these Terms, please contact the Legal Department of Nexsales at 408-831-3800 or firstname.lastname@example.org.
Information You Provide to Us
To the extent you provide any data or information concerning yourself as part of using the Sites or creating or operating an Account (“Submitted Information”), such as address, telephone numbers (including mobile), and email addresses, you represent and warrant that such Submitted Information is true, correct, and current, that you have the right to possess and use all such data, and that such submission is to your best knowledge not confidential and not in violation of any laws, contractual restrictions, or other third party rights. In addition, we are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of the information you submit. You hereby grant a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties. You agree that Nexsales’ may, without identifying you as the source of such information, use Submitted Information to create, update, merge, analyze, maintain or enhance its database of business records, which business records are used to create, and are included within, the Nexsales’ Products made commercially available by Nexsales’ and its affiliates. You acknowledge that Nexsales’ may not pre-screen or regularly review posted content, but that we shall have the right to remove in our sole discretion any content or Submitted Information that we consider to violate these Terms.
Your Consent to be Contacted
By accepting these terms, you expressly authorize Nexsales’ to contact you in any lawful manner, including through the use of automatic and/or computerized dialing SYSTEMs and pre-recorded message and call technologies, and for ANY LAWFUL PURPOSE, INCLUDING, AMONG OTHER THINGS, account support or TO inform you of or PROMOTE OR MARKET Nexsales’ PRODUCTS AND THIRD PARTY SERVICES WHICH Nexsales’ BELIEVES MAY BE OF INTEREST TO YOU, AND YOU HEREBY UNAMBIGUOUSLY AGREE TO RECEIVE SUCH MAILERS, EMAILS, TEXTS AND TELEPHONE CALLS.
YOU CONSENT TO BE CONTACTED at the addresses, telephone numbers (including mobile or wireless numbers), and email addresses you provide TO Nexsales (either verbally or written) AS CONTAINED IN YOUR Nexsales’ Services, Information and/or Software. should you have any questions about which addresses, telephone numbers or email addresses you provided to Nexsales FOR THE ABOVE, PLEASE review your account information in YOUR PRODUCT DASHBOARD or please call THE NEXSALES CUSTOMER SUPPORT at 408-831-3801.
Your consent to the terms of THIS SECTION is not required, directly OR indirectly, as a condition of purchasing any goods or services, including INFORMATION OR SOFTWARE, from Nexsales. Should you wish to not consent TO BEING CONTACTED FOR EITHER OR BOTH ACCOUNT SUPPORT OR PROMOTIONAL PURPOSES, or to revoke a consent previously given, please call the Customer Support at 408-831-3801 or EMAIL email@example.com.
THE SITES AND THE INFORMATION, TOOLS, FEATURES, AND FUNCTIONALITY PROVIDED THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO ANY ONLINE BUSINESS DIRECTORY, OR A LINKED SITE (THE "SITE MATERIALS") ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL STATUTORY AND OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARE HEREBY DISCLAIMED INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR FROM NEXSALES’ CONDUCT IN COLLECTING, COMPILING, OR INTERPRETING ANY DATA OR INFORMATION. NEITHER WE NOR OUR THIRD PARTY SUPPLIERS MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITES OR ANY SITE MATERIALS PROVIDED ON THE SITES OR ON THE ONLINE BUSINESS DIRECTORY. NEITHER WE NOR OUR THIRD PARTY SUPPLIERS WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES OR THE SITE MATERIALS AT THE TIMES OR LOCATIONS OF YOUR CHOICE; THAT THE SITES, THE SITE MATERIALS, OR THE DELIVERY THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXSALES’, ITS AFFILIATES, THIRD PARTY SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE "RELATED PARTIES") SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, EVEN IF NEXSALES’ AND/OR ANY OF THE RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (II) THE USE OR THE INABILITY TO USE THE SITES OR ANY OF THE NEXSALES’ PRODUCTS, OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF NEXSALES’ OR ANY OF THE RELATED PARTIES TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT THAT YOU PAID TO NEXSALES’ OR ITS DESIGNEES FOR THE APPLICABLE NEXSALES’ PRODUCT DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF LOSS OR $1,000, WHICHEVER IS LOWER.
YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITES.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. In such states or jurisdictions, the liability of Nexsales’ and its Related Parties shall be limited to the fullest extent permitted by law.
Links to Third Party Sites
Rights of Third Parties
Each Third Party Supplier and Related Party is a third party beneficiary of these Terms. These Terms are not intended to, nor may be deemed to create any rights of enforcement by, any other party.
The license for use of the Sites is effective until terminated. This license will terminate if you fail to comply with any of the terms and conditions of these Terms. In such event, no notice shall be required by us to effect such termination. We also reserve the right to change, modify, suspend or discontinue all or any portion of the Sites, in our sole discretion, at any time and for any or no reason. We may also impose limits on certain features or restrict your access to parts of or the entire Sites in our sole discretion and without notice or liability.
Your Representations and Warranties
In addition to representations and warranties you have made elsewhere in these Terms, you represent and warrant as follows:
you possess the legal right and ability to agree to and comply with these Terms, and are duly authorized to act for any business on behalf of whom you are acting when interacting with us or as to whom you are providing Submitted Information;
you will use the Sites for lawful purposes only and in accordance with these Terms and all applicable laws, regulations and policies; and
you will only use the Sites on a computer and/or mobile phone on which such use is authorized by the computer’s and/or mobile phone’s owner.
You agree to indemnify, defend and hold harmless Nexsales’ and each Related Party (collectively, the “Indemnified Parties“), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) (“Claim”) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any of these Terms or any policy or guidelines referenced herein, (ii) use or misuse of the Sites, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites, (iv) your use or disclosure of another person’s personal, financial or credit information or (v) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the Content that you post on the Sites.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Copyright; Protection of Proprietary Rights
The Sites include copyrighted and copyrightable materials, including, without limitation, the Nexsales’ trademark, logo, design, text, graphics, forms and any other applicable materials, including the selection and arrangement of such elements (collectively, the “Materials“). In addition, the entire Sites are copyrighted as a collective work under the United States and other copyright laws. Nexsales holds the copyright in the collective work. The collective work includes works that are licensed to Nexsales by its Third Party Suppliers. The collective work may also include works that are the property of Nexsales’ licensors, which are also protected by copyright and other intellectual property laws.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Nexsales used herein are trademarks or registered trademarks of Nexsales. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
Infringement of Your Copyrights
If you believe that any content on the Sites infringes upon any of your intellectual property rights, please contact us at firstname.lastname@example.org.
If you have any questions or concerns about these Terms or any issues raised in these Terms or on the Sites, please contact the Nexsales Customer Support at 408-831-3801 or email@example.com.
THESE TERMS WILL BE SUBSTANTIVELY CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
We reserve all rights not expressly granted herein. These Terms bind and inure to the benefit of the parties and their successors and permitted assigns, except that you may not assign these Terms (including directly, indirectly, by operation of law, through a direct or indirect change in control, or otherwise) without our prior written consent. Nothing in these Terms shall constitute a partnership or joint venture between you and Nexsales’. Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. These Terms constitute the final, complete and exclusive agreement with respect to the Sites and your Account and may not be contradicted, explained or supplemented by evidence of any prior or contemporaneous agreement. All prior agreements, both oral and written, between the parties on the matters contained in these Terms are expressly cancelled and superseded by these Terms. Any amendments of or waivers relating to these Terms must be in writing signed by a duly authorized representative of Nexsales.