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Saas Agreement
Software-as-a-Service Agreement
This Software-as-a-Service Agreement (this “Agreement”) is a binding agreement between Give 2 Lead, LLC, a California limited liability company (“G2L”), and you (“Customer”). G2L and Customer may be referred to herein collectively as the “Parties” or individually as a “Party.”
BY CLICKING THE “I AGREE” BUTTON, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (i) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (ii) IF YOU ARE A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND IT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS SET FORT HEREIN, PLEASE SELECT THE “I DECLINE” BUTTON.
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Definitions. As used herein, the following terms have the following definitions:
“Attendee Data” means the data collected by Customer from attendees of Customer’s marketing event by and through Customer’s use of the Services.
“Authorized User” means those employees and other agents identified in writing by Customer to G2L for whom access to the Services has been purchased hereunder.
“Customer Data” means Attendee Data as well as any information or data transmitted by Customer or an Authorized User of Customer through the Services.
“Documentation” means any and all electronic or hard copy manuals, handbooks, guides made available by G2L in connection with the Services.
“Effective Date” means the date on which Customer agrees to the terms and conditions of this Agreement by clicking the “I Agree” button as part of the subscription process for the Services online through the G2L Website.
“G2L Website” means G2L’s website at give2lead.com.
“Services” means G2L’s software-as-a-service offering through the G2L Website that provides the following services: (i) generates a QR Code for use by an individual or business hosting a marketing event (such as Customer) and wishing to collect certain limited personal information from their attendees by having participating attendees scan the generated QR Code and submit their personal information; (ii) attempts to induce such attendees to provide certain personal information by giving them the opportunity, as part of the foregoing submission process, to choose one nonprofit organization from a list of nonprofit organizations selected by Customer to which Customer will donate an agreed upon sum in exchange for each such attendee’s personal information; and (iii) automatically organizes all Attendee Data in a downloadable file and is made available to Customer following the marketing event.
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Access and Use.
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Access to Services. During the Term (as defined below), G2L hereby grants Customer a non-exclusive, non-sublicensable, non-transferable right to access and use the Services, together with any and all Documentation, solely for Customer’s internal business use (i) for a period of six weeks from the Effective Date for use at no more than two marketing events in the event Customer purchases a single-use subscription (a “Single-Use Subscription”) or (ii) a period of one year from the Effective Date for use in connection with no more than eight active campaigns at any one time and with no more than four active marketing events within each such active campaign in the event Customer purchases an annual subscription (an “Annual Subscription”). Only an Authorized User shall be authorized to use the Services for and on behalf of Customer hereunder. Customer acknowledges and agrees that the QR Code generated as part of the Services will only be active and available on the date, and window of time, submitted for the applicable marketing event through Customer’s account on the G2L Website.
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Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or Documentation, in whole or in part; (ii) sell, license, sublicense, assign, distribute, transfer, or otherwise make available the Services or Documentation to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
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Reservation of Rights. G2L reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Services, the Documentation, and/or any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing (collectively, “G2L IP”). For the avoidance of doubt, G2L IP does not include any Customer Data.
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Service Suspension. Notwithstanding anything to the contrary in this Agreement, G2L may temporarily suspend Customer’s and any Authorized User’s access to any portion or all of the Services if: (i) G2L reasonably determines that (A) there is a threat or attack on any of the G2L IP; (B) Customer’s or any Authorized User’s use of the G2L IP disrupts or poses a security risk to the G2L IP or to any other customer or vendor of G2L; (C) Customer, or any Authorized User, is using the G2L IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) G2L’s provision of the Services to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of G2L has suspended or terminated G2L’s access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) a failure of Customer to timely pay Fees hereunder (as defined below) (any such suspension described in subclause (i), (ii), or (iii), a “Service Suspension”). G2L shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. G2L shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. G2L will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of or relating to a Service Suspension.
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Customer Responsibilities. Customer is responsible and liable for all uses of the Services and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and shall cause Authorized Users to comply with such provisions. Customer further agrees to comply with the G2L Website’s Terms of Use (available at give2lead.com/tou), as may be amended from time to time, and the terms and conditions of such Terms of Use are hereby incorporated into this Agreement by this reference.
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Fees and Payment.
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Fees. Customer shall pay G2L the fees, costs, expenses and other charges corresponding to the Services ordered by Customer (“Fees”), as set forth from time to time on the G2L Website at the time of Customer’s subscription, in accordance with the payment terms set forth thereon. Customer shall make all payments of Fees in U.S. dollars on or before the due date for such Fees.
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Payment. Customer shall make all payments of Fees through the G2L Website by credit card. Customer hereby authorizes G2L (including G2L’s third party payment processors) to charge against Customer’s credit card on file for all amounts due and owing to G2L hereunder, including Fees and applicable sales taxes thereon. Customer shall ensure that Customer’s credit card and other payment-related information on file with G2L (or G2L’s third party payment processors) will be accurate and up-to-date at the time Customer charges such payment information for any amounts due and owing to G2L hereunder. Customer further represents, warrants and covenants to G2L that Customer’s current has, and shall have at all times during the Term, the legal right to use the credit card on file with G2L for payment of all amounts due and owing to G2L hereunder.
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Failure to Make Payment. If Customer fails to make any payment when due, without limiting G2L’s other rights and remedies: (i) G2L may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse G2L for all reasonable costs incurred by G2L in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees; and (iii) if such failure continues for ten (10) days or more, G2L may suspend Customer’s and its Authorized Users’ access to any portion or all of the Services until such amounts are paid in full.
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Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on G2L’s income.
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Confidential Information.
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Confidentiality Obligations. From time to time during the Term, either Party may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (i) in the public domain; (ii) known to the receiving Party at the time of disclosure; (iii) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (iv) independently developed by the receiving Party. The receiving Party shall not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s employees who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder.
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Compelled Disclosures. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party’s rights under this Agreement, including to make required court filings. On the expiration or termination of the Agreement, the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or other form or media, of the disclosing Party’s Confidential Information, or destroy all such copies and certify in writing to the disclosing Party that such Confidential Information has been destroyed.
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Intellectual Property Ownership; Feedback; Data Security and Privacy.
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G2L IP. Customer acknowledges that, as between Customer and G2L, G2L owns all right, title, and interest, including all intellectual property rights, in and to the G2L IP.
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Customer Data. G2L acknowledges that, as between G2L and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Customer hereby grants to G2L a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for G2L to provide the Services to Customer.
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Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to G2L by mail, email, telephone, or otherwise, suggesting or recommending changes to the G2L IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), G2L is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to G2L on Customer’s behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and G2L is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although G2L is not required to use any Feedback.
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Data Security and Privacy. Customer agrees that: (i) Customer will at all times comply with all applicable data protection laws, rules and regulations relating to the collection, use and transmission of Attendee Data; (ii) Customer will at all times maintain such policies and procedures necessary to comply with all such data protection laws, rules and regulations; and (iii) upon the request of any consumer whose information is included in Attendee Data (whether the request is made to Customer or G2L), Customer will immediately and permanently delete and destroy, and cease to use, such consumer’s Attendee Data.
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Warranty Disclaimer. THE G2L IP IS PROVIDED “AS IS” AND G2L HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. G2L SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. G2L MAKES NO WARRANTY OF ANY KIND THAT THE G2L IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
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Indemnification.
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G2L Indemnification.
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G2L shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Customer resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third party’s US intellectual property rights/US patents, copyrights, or trade secrets, provided that Customer promptly notifies G2L in writing of such Third-Party Claim, cooperates with G2L, and allows G2L sole authority to control the defense and settlement of such Third-Party Claim.
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If a Third Party-Claim is made or appears possible, Customer agrees to permit G2L, at G2L’s sole discretion, to (A) modify or replace the Services, or component or part thereof, to make it non-infringing, or (B) obtain the right for Customer to continue use. If G2L determines that neither alternative is reasonably available, G2L may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer.
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This Section 8(a) will not apply to the extent that the alleged infringement arises from: (A) use of the Services in combination with data, software, hardware, equipment, or technology not provided by G2L or authorized by G2L in writing; (B) modifications to the Services not made by G2L; (C) Customer Data; or (D) Third-Party Products.
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Customer Indemnification. Customer shall indemnify, hold harmless, and, at G2L’s option, defend G2L from and against any Losses resulting from any Third-Party Claim: (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights and any Third-Party Claims based on Customer’s or any Authorized User’s (A) negligence or willful misconduct, (B) use of the Services in a manner not authorized by this Agreement, (C) use of the Services in combination with data, software, hardware, equipment, or technology not provided by G2L or authorized by G2L in writing, or (D) modifications to the Services not made by G2L, provided that Customer may not settle any Third-Party Claim against G2L unless G2L consents to such settlement, and further provided that G2L will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice; (ii) based on any violation by Customer or Customer’s Authorized User(s) of any law, rule or regulation; or (iii) based on any breach by Customer or Customer’s Authorized User(s) of any term or condition of this Agreement.
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Sole Remedy. SECTION 8(a) SETS FORTH CUSTOMER’S SOLE REMEDIES AND G2L’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN NO EVENT WILL G2L’S LIABILITY UNDER SECTION 8(a) EXCEED THE TOTAL AMOUNT PAID TO G2L UNDER THIS AGREEMENT IN THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, TO THE EXTENT TWELVE (12) MONTHS HAVE NOT YET ELAPSED, THEN THE MONTHLY AVERAGE OF FEES PAID TO DATE MULTIPLIED BY TWELVE (12)).
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Liability.
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Exclusion of Liability. IN NO EVENT WILL G2L BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER G2L WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
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Limitation of Liability. IN NO EVENT WILL G2L’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNT PAID TO G2L UNDER THIS AGREEMENT IN THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, TO THE EXTENT TWELVE (12) MONTHS HAVE NOT YET ELAPSED, THEN THE MONTHLY AVERAGE OF FEES PAID TO DATE MULTIPLIED BY TWELVE (12)).
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Fairness of Liability Provision. Customer acknowledges and agrees that G2L has entered into this Agreement and provided Customer and its Authorized Users with access to the Services in exchange for the Fees hereunder in reliance upon the exclusions of liability under Section 9(a) of this Agreement and limitations of liability under Section 9(b) of this Agreement (collectively, “Agreed Exclusions and Limitations”). Customer further acknowledges and agrees that as an essential condition of G2L entering into this Agreement and providing Customer and its Authorized Users with access to the Services, such Agreed Exclusions and Limitations reflect a reasonable and fair allocation of the risk between the Parties, upon which the amount of the Fees has been predicated and agreed.
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Term and Termination.
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Term. The term of this Agreement (the “Term”) begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect until:
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six weeks from the Effective Date or Customer’s use of the Services at two marketing events, whichever occurs first, if Customer has purchased a Single-Use Subscription; or
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one year from the Effective Date, if Customer has purchased an Annual Subscription.
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Termination. Either G2L or Customer may terminate this Agreement immediately upon written notice to the other Party for any reason or no reason at any time during the Term. Customer may also terminate this Agreement by cancelling online through the method made available through Customer’s account with the G2L website.
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Effect of Expiration or Termination. Upon expiration of this Agreement or its earlier termination pursuant to Section 10(b) of this Agreement, Customer shall immediately discontinue use of the Services and Documentation and shall delete, destroy, or return all copies of any of G2L’s Confidential Information and, if requested, certify in writing to G2L that such deletion, destruction or return has occurred. Except as otherwise expressly set forth herein, upon such expiration or termination, neither Party will have any further rights, duties or obligations under this Agreement to the other Party; provided, however, that such expiration or termination shall not affect or impair any right which has accrued to either Party prior to such expiration or termination. No expiration or termination will affect Customer’s obligation to pay all Fees that may have become due before such expiration or termination or entitle Customer to any refund for any previously paid Fees. However, if Customer subscribes for an Annual Subscription and elects to pay for such subscription in monthly installments, then G2L will not charge Fees that are due to be paid after any expiration or termination of this Agreement.
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Survival. This Section 10(d) and Sections 1, 4, 5, 6, 7, 8, 9 and 11 shall survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.
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Miscellaneous.
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Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, this Agreement, excluding its Exhibits; (ii) second, the Exhibits to this Agreement as of the Effective Date; and (iii) third, any other documents incorporated herein by reference.
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Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and (i) when G2L is to be the recipient of the notice, addressed as set forth below and (ii) when Customer is to be the recipient of the notice, addressed using the contact information provided for Customer’s account with the G2L Website (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section.
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Give2Lead, LLC
Attn: Member
4120 Douglas Blvd. Ste. 306
Granite Bay, CA 95746
support@give2lead.com
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Force Majeure. In no event shall either Party (as the “Impacted Party”) be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing the Impacted Party’s obligations under this Agreement (except for payment obligations hereunder), if and to the extent such failure or delay is caused by any circumstances beyond the Impacted Party’s reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, flood, fire, landslide, lightning, earthquake, hurricane, tornado, storm, volcanic eruption, high winds, and other weather events, epidemics, pandemics, power outages, power grid failures, network disruptions, internet outages, explosion, casualty, war, terrorism, invasion, acts of public enemies, sabotage, riot or other civil unrest, strikes, labor stoppages, labor slowdowns, industrial disturbances, travel delays or cancellations, passage of law, permitting delays or denials, or any action taken by a governmental or public authority, including imposing an embargo.
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Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
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Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to give effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
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Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal Laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the Laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the United States District Court for the Eastern District of California (Sacramento Division) or the state courts located in the County of Placer, California, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
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Assignment. Customer may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of G2L. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
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Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under 45 or, in the case of Customer, Section 2(b), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
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Interpretation. For purposes of this Agreement: (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole; (iv) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (v) words denoting any gender include all genders. Unless the context otherwise requires, references in this Agreement: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
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Further Assurances. On a Party’s reasonable request from time to time, the other Party shall, at the requesting Party’s sole cost and expense, execute and deliver all such documents and instruments, and take all such further actions, as may be necessary to give full effect to this Agreement.
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Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
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Terms Of Use
TERMS OF USE
- Acceptance of our Terms of Use.
Please carefully read the entirety of these terms of use (our “Terms”) before you start using our website, www.give2lead.com, or any attendant mobile applications we have now or in the future, including any and all content, functionality and services offered on or through any our website or attendant mobile applications (collectively, our “Platform”). Our Terms are entered into between you and Give 2 Lead, LLC, a California limited liability company (“Give2Lead”, “we”, “us” or “our”), and govern your access to and use of our Platform. By using our Platform, whether you’re a guest, a registered user (“Registered User”) of our Platform’s service offerings (“Service Offerings”), or otherwise, you accept and agree to be bound and abide by our Terms. If you do not agree to our Terms, you agree to not access or use any part of our Platform.
- Use by Registered Users.
If you are a Registered User, then, in addition to complying with our Terms, you must comply with all of your other agreements with us (including, without limitation, our Software-as-a-Service Agreement permitting your use of our Service Offerings (a “SaaS Agreement”).
You acknowledge that we are not a payment processor. We currently use Stripe, Inc. (“Stripe”) to process purchases of our Service Offerings. You acknowledge and agree that Stripe is essential to our Platform and the services we provide through the Platform and, as such, we exchange information with Stripe to provide such services pursuant to Stripe’s Services Agreement (“Stripe Services Agreement”), which is hereby incorporated herein by this reference, and available here.
- Your Conduct.
You may use our Platform only for lawful purposes and in accordance with our Terms, irrespective of whether you are a guest, Registered User or otherwise. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of our Platform, we may limit or terminate your privileges on our Platform and seek other remedies.
You agree not to use our Platform: (i) in any way that violates any applicable federal, state, local, or international law, rule or regulation (collectively, “Laws”); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with our Content Standards, as set out in our Terms below; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (v) to impersonate or attempt to impersonate Give2Lead, a Give2Lead employee or agent, another user, or any other person or entity; or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, or which, as determined by us, may harm Give2Lead or users of our Platform, or expose us or them to liability.
Additionally, you agree not to (and agree not to assist or enable others to): (i) use our Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Platform, including their ability to engage in real time activities through our Platform; (ii) use any robot, spider, or other automatic device, process, or means to access our Platform for any purpose, including monitoring or copying any of the material on our Platform; (iii) use any manual process to monitor or copy any of the material on our Platform, or for any other purpose not expressly authorized in our Terms, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of our Platform; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform; (vii) attack our Platform via a denial-of-service attack or a distributed denial-of-service attack; (viii) otherwise attempt to interfere with the proper working of our Platform; (ix) breach or circumvent any applicable Laws or rights of third parties; (x) use our Platform for any commercial or other purpose that is not expressly permitted by our Terms or, as applicable, your SaaS Agreement; (xi) use our Platform to spam or distribute unsolicited commercial communications of any kind; (xii) dilute, tarnish or otherwise harm our brand in any way; or (xiii) violate or infringe on anyone else’s rights or otherwise cause harm to any other person.
- Modifying our Terms.
We may modify or update our Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Platform thereafter.
Your continued use of our Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access or otherwise use our Platform so you are aware of any changes to the Terms, as they are binding on you.
- Accessing our Platform and Account Security.
Subject to the terms of your SaaS Agreement (as applicable), we reserve the right to withdraw or amend all or any part of our Platform, and any service or material we provide on or through our Platform, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of our Platform is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of our Platform to users, including Registered Users.
You are responsible for both making all arrangements necessary for you to have access to our Platform and ensuring that all persons who access our Platform through your internet connection are aware of and comply with our Terms.
To access our Platform or some of the resources it offers, including to become a Registered User, you may be asked to provide certain registration details or other information. It is a condition of your use of our Platform that all the information you provide on our Platform is correct, current and complete. You agree that all information you provide to register with our Platform or otherwise, including, but not limited to, through the use of any interactive features on our Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of our Terms.
- Our Intellectual Property Rights.
Our Platform and its entire contents, features and functionality are owned by Give2Lead, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights Laws.
Except as otherwise provide in your SaaS Agreement (as applicable), our Terms permit you to use our Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may print one copy of a reasonable number of pages of our Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution; (iv) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: (i) modify copies of any materials from our Platform; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (iv) access or use for any commercial purposes any part of our Platform or any services or materials available through our Platform, except as otherwise provided in your SaaA Agreement (as applicable).
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Platform in breach of our Terms, your right to use our Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Platform or any content thereon is transferred to you, and all rights not expressly granted are reserved by Give2Lead. Any use of our Platform not expressly permitted by our Terms is a breach of our Terms and may violate copyright, trademark, and other Laws.
- Our Trademarks.
Give2Lead may own trademarks, both registered and unregistered. Any Give2Lead trademarks and logos found on our Platform are owned by us and all use of these marks inures to the benefit of Give2Lead.
Other marks on our Platform not owned by Give2Lead may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Give2Lead unless otherwise stated, or may be the property of their respective owners. You may not use Give2Lead’s name, logos, trademarks or brands, or trademarks or brands of others on our Platform without Give2Lead’s express written consent.
- User Contributions.
Our Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or Customers or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Platform. All User Contributions must comply with the Content Standards set out in our Terms.
Any User Contribution you post to our Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on our Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with our Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Platform.
- Monitoring and Enforcement; Termination.
We have the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates our Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Platform or the public, or could create liability for us; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Platform; and/or (v) terminate or suspend your access to all or part of our Platform for any or no reason, including without limitation, any violation of our Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Platform. YOU WAIVE AND HOLD HARMLESS GIVE2LEAD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on our Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described above.
- Content Standards.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply, in their entirety, with all applicable Laws. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights, including the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable Laws or that otherwise may be in conflict with our Terms and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) give the impression that they emanate from or are endorsed by Give2Lead or any other person or entity, if and to the extent this is not the case.
- Our Privacy Policy. We take the privacy of your Personal Information (as defined in our Privacy Policy) seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy, available here, is incorporated in our Terms by this reference.
- Third Party Sites.
Our Platform may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked site or resource.
- Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Platform will be free of viruses or other destructive code. You are entirely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
IN FURTHERANCE OF THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IN ADDITION, YOUR USE OF OUR PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH OUR PLATFORM IS AT YOUR OWN RISK. OUR PLATFORM, ITS CONTENT, AND ANY DATA, INFORMATION, SERVICES OR ITEMS OBTAINED ON OR THROUGH OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIVE2LEAD NOR ANY PERSON ASSOCIATED WITH GIVE2LEAD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR PLATOFRM. WITHOUT LIMITING THE FOREGOING, NEITHER GIVE2LEAD NOR ANYONE ASSOCIATED WITH GIVE2LEAD REPRESENTS OR WARRANTS THAT OUR PLATOFRM, ITS CONTENT, OR ANY DATA, INFORMATION, SERVICES OR ITEMS ON OR THROUGH OUR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR PLATFORM OR ANY DATA, INFORMATION, SERVICES OR ITEMS ON OR THROUGH OUR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, GIVE2LEAD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability.
- IN NO EVENT WILL GIVE2LEAD BE LIABLE UNDER OR IN CONNECTION WITH OUR TERMS, YOUR USE OF OUR PLATFORM, AND/OR YOUR SAAS AGREEMENT (AS APPLICABLE) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GIVE2LEAD WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
- IN NO EVENT WILL GIVE2LEAD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO OUR TERMS, YOUR USE OF OUR PLATFORM, AND/OR YOUR SAAS AGREEMENT (AS APPLICABLE) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNT PAID TO G2L UNDER THIS AGREEMENT IN THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, TO THE EXTENT TWELVE (12) MONTHS HAVE NOT YET ELAPSED, THEN THE MONTHLY AVERAGE OF FEES PAID TO DATE MULTIPLIED BY TWELVE (12).
- Indemnification.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Give2Lead and other Give2Lead Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including costs and attorneys’ fees, relating to, arising out of or resulting from: (i) your violation of our Terms or your use of our Platform, including, but not limited to, your User Contributions, any use of our Platform’s content, services, and products other than as expressly authorized in our Terms and conditions, or your use of any information obtained from our Platform; (ii) your improper or unlawful use of our Platform; (iii) your communication or interaction with any other user of our Platform; (iv) your violation of any Laws; or (v) your breach or violation of any third party’s rights.
- Electronic Communications.
When you use our Platform or send emails to Give2Lead, you are communicating with us electronically and consent to receive electronic communications related to your use of our Platform. We will communicate with you by email or by posting notices on our Platform. You agree that all agreements, notices, disclosures, and other communications that are provided to you or transmitted by you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on our Platform or from which you otherwise email us.
- Force Majeure.
Give2Lead shall be excused from its performance obligations under our Terms (if any) to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (i) weather conditions or other elements of nature, epidemics, pandemics, or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (iii) quarantines or embargoes; (iv) labor strikes; (v) error or disruption to major computer hardware or networks or software failures; or (vi) any other causes beyond the reasonable control of Give2Lead.
- Assignment.
You may not assign our Terms, or any rights, benefits, or obligations hereunder, by operation of Law or otherwise, without the express written consent of Give2Lead. Any attempted assignment that does not comply with our Terms shall be null and void. Give2Lead may assign our Terms, in whole or in part, to any third party in its sole discretion without your consent.
- Entire Agreement.
Our Terms, together with the other terms expressly incorporated herein by reference (including the terms of your SaaS Agreement, as applicable), constitute the entire agreement and understanding between you and Give2Lead with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Give2Lead with respect to such subject matter.
- Governing Law, Venue, Waiver and Severability.
All matters relating to our Platform and our Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal Laws of the State of California without giving effect to any choice or conflict of law provision or rule, whether of the State of California or any other jurisdiction.
You agree that you will notify Give2Lead in writing of any dispute or claim between you and Give2Lead and/or any other Give2Lead Parties relating to, arising out of, resulting from or otherwise concerning our Terms, our Platform or your use of our Platform (“Dispute(s)”) and provide the applicable Give2Lead Parties a reasonable period of time to address it before bringing any legal action. You agree that any such legal action must be instituted in a U.S. federal court or state court located in the State of California in Placer County, and you irrevocably submit to the exclusive jurisdiction of such courts in such legal action. You waive any objection to the laying of venue of any legal action in such courts.
No waiver by Give2Lead of any term or condition set out in our 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 Give2Lead to assert a right or provision under our Terms shall not constitute a waiver of such right or provision.
If any provision of our 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 our Terms will continue in full force and effect.
- Geographic Restrictions.
Give2Lead is based in the State of California in the United States. We provide our Platform for use only by persons located in the United States. We make no claims that our Platform or any of its content is accessible or appropriate outside of the United States. Access to our Platform may not be legal by certain persons or in certain countries. If you access our Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Miscellaneous.
No waiver by either you or Give2Lead of any breach or default or failure to exercise any right allowed under our Terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms. The section headings used herein are for convenience only and shall be of no legal force or effect.
- Contact Us.
If you have any questions about our Terms, please contact us by sending an email to admin@give2lead.com or by regular mail at:
Give2Lead, LLC
Attn: Member
4120 Douglas Blvd. Ste. 306
Granite Bay, CA 95746
Last Updated: April 16, 2024.
Terms Of Use
PRIVACY POLICY
- Acceptance of Our Privacy Policy.
Give 2 Lead, LLC (“Give2Lead,” “we,” “us,” or “our”) respects your privacy and is committed to protecting it through our compliance with this privacy policy (this “Policy”). This Policy describes the types of information we may collect from you or that you may provide when you visit our website as well as any attendant mobile applications we have now or in the future (our “Platform”), and our practices for collecting, using, maintaining, protecting and disclosing that information.
This Policy applies to information we collect on or through our Platform and in email, text or other electronic messages between you and our Platform. It does not apply to information collected by (i) us offline or through any other means, including on any other website operated by us or any third party, or (ii) any third party, including through any application or content (including advertising) that may link to or be accessible from our Platform.
Please carefully read the entirety of this Policy to understand our policies and practices regarding your information and how we will treat it. By accessing or using our Platform, you agree to the terms and conditions of this Policy. If you do not agree to the terms of this Policy, you agree not to access or use any part of our Platform.
- Information Collected.
- Types of Information. We collect several types of information from and about users of our Platform, including information: (i) by which you may be personally identified, such as your name, postal address, email address, telephone number and other personal information (“Personal Information”); (ii) that is about you but does not individually identify you; and (iii) about your internet connection, the equipment you use to access our Platform, and usage details. This information is collected in two different ways—when you provide it to us and when it is automatically collected through data collection technologies, as discussed below.
- Information You Provide to Us. We collect information from you on or through our Platform, including, as applicable: (i) information that you provide by filling in forms on our Platform, including, but not limited to, information provided at the time of registering to use our Platform, subscribing to any of our services or offerings, posting material, or requesting further services, (ii) records and copies of your correspondence, including email addresses, if you contact us, (iii) your search queries on our Platform, (iv) details of transactions you carry out through our Platform, and (v) information you choose to publish or display on public areas of our Platform (if any), or transmitted on or through our Platform to other users of our Platform or third parties (“User Contributions”).
- Automatic Data Collection Technologies. As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including information regarding your visits to our Platform such as traffic data, location data, logs, and other communication data, and information about your computer and internet connection such as your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Although your browser or device may include “Do Not Track” functionality, our Platform currently does not respond to a “Do Not Track” signal from your browser or device. Accordingly, our information collection and disclosure practices, and the choices we provide to users, will continue to operate as described in this Policy, whether or not a “Do Not Track” signal is received.
The information we collect automatically is only statistical data and does not include Personal Information. The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform.
Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies. To manage flash cookies, please visit Adobe’s website. However, if you disable Flash cookies or other similar technologies, please note that you may not have access to certain content and product features on our Platform.
Web Beacons. Parts of our Platform may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited our Platform and for other related Platform statistics (for example, recording the popularity of certain Platform content and verifying system and server integrity).
Server Logs and Other Technologies. We collect many different types of information from server logs and other technologies. For example, we collect information about the device you use to access our Platform, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the IP address of the device you use to connect to the Internet. An IP address is a unique identifier that devices require to identify and communicate with each other on the Internet. We may also collect information about the website or application you were visiting before you came to our Platform and the website or application you visit after you leave our site. These tools help us improve user experience and deliver our services.
Device Information. We may use device-related information to authenticate users. For example, we may use your IP address, browser information, or other data provided by your browser or device to identify the device being used to access our Platform. We may also use these device-related techniques for associating you with different devices that you may use to access our content including for fraud-protection purposes and to better target advertising.
Third Party Social Plugins. We may use social plugins provided and operated by third parties, such as Facebook’s “Like” button. As a result of this, you may send to the third party the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with our Platform to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.
- Third-Party Use of Cookies and other Tracking Technologies.
Some content or applications, including advertisements, that may be found on our Platform are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Platform. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information below.
- How We Use Your Information.
We use information that we collect about you or that you provide to us, including any Personal Information: (i) to present our Platform and its contents to you; (ii) to provide you with information or services that you request from us; (iii) to fulfill any other purpose for which you provide it; (iv) to notify you about changes to our Platform or any services we offer or provide though it; (v) to allow you to participate in interactive features on our Platform; (vi) in any other way we may describe when you provide the information; or (vii) for any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
- Disclosure of Your Information.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Information that we collect or you provide as described in this Policy: (i) to our subsidiaries and affiliates; (ii) to contractors, service providers, and other third parties we use to support our business (including, but not limited to, third party payment processors); (iii) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Platform’s users is among the assets transferred; (iv) to third parties to market their products or services to you, but only if you have consented to these disclosures; (v) to fulfill the purpose for which you provide it; (vi) any other purpose disclosed by us when you provide the information; or (vii) with your consent.
We may also disclose your Personal Information: (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (ii) to enforce or apply our Terms of Use and other agreements; or (iii) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our business, our customers, or others.
- Choices About Use and Disclosure of Your Information.
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Platform may then be inaccessible or not function properly.
Promotional Offers. If you do not wish to have your Personal Information used by us to promote our own services, you can opt-out by sending an email stating your request to privacy@give2lead.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. California residents may have additional Personal Information rights and choices. Please see the California subsection of Your State Privacy Rights below for more information.
- Accessing and Correcting Your Information.
You can review and change your Personal Information by logging into our Platform and visiting your account profile page.
You may also send us an email at privacy@give2lead.com to request access to, correct or delete any Personal Information that you have provided to us. Please note, however, that we may not be able to accommodate every request to change information, including in the event we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If our Platform allows for User Contributions and you delete your User Contributions from our Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of our Platform. Proper access and use of information provided on our Platform, including User Contributions, is governed by our Term of Use.
California residents may have additional Personal Information rights and choices. Please see the California subsection of Your State Privacy Rights below for more information.
- Children under the Age of 16.
Our Platform is not intended for children under 16 years of age. By using our Platform, you represent that you are 16 years of age or older. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information on our Platform or through any of its features, register on our Platform, make any purchases through our Platform, use any of the interactive or public comment features of our Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 16 years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16 years of age, please contact us immediately by sending an email to privacy@give2lead.com.
California residents under 16 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see the California subsection of Your State Privacy Rights below for more information.
- Phishing or False Emails.
If you receive an unsolicited email that appears to be from us that requests Personal Information (such as your credit card information, login, or password), or that asks you to verify or confirm your account or other Personal Information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information in an email. Do not provide the information or click on the link. If you receive an email like this, please contact us by sending an email to privacy@give2lead.com.
- Your State Privacy Rights.
State consumer privacy laws may provide a State’s residents with additional rights regarding our use of their personal information.
California
If you are a California resident, to learn more about certain California privacy rights that may apply to you, please see our California Privacy Notice.
Colorado, Connecticut, Virginia and Utah
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to: (i) confirm whether we process their personal information; (ii) access and delete certain personal information; (iii) data portability; and (iv) opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to: (i) correct inaccuracies in their personal information, taking into account the information’s nature processing purposes; and (ii) opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights, or appeal a decision regarding a consumer rights request, please send an email to privacy@give2lead.com or mail us at: Give 2 Lead, LLC, Attn: Member, 4120 Douglas Blvd. Ste. 306, Granite Bay, CA 95746.
Nevada
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Nevada residents who wish to exercise this sale opt-out rights may submit a request to privacy@give2lead.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
- Data Security.
We have implemented reasonable technical and organizational measures designed to protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
While we believe the measures implemented on our Platform reduce our vulnerability to security problems to a level appropriate to the type of information involved, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. Please do not share your password with anyone. We urge you to be careful about giving out information in public areas of our Platform like message boards. The information you share in public areas may be viewed by any user of our Platform. It also remains your responsibility to, among other things: (i) log off or exit from our Platform when you are not using it, (ii) maintain good internet security, (iii) ensure no one else uses our Platform while your machine is logged onto our Platform (including by logging onto your machine through a mobile, Wi-Fi or shared access connection you are using), and (iv) immediately change passwords to any of your accounts with our Platform that you think may be compromised and notify us as soon as possible.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Platform.
- Changes to Our Privacy Policy.
It is our policy to post any changes we make to this Policy on this webpage. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the email address specified in your account, if applicable, or through a notice on our Platform’s home page. The date this Policy was last revised is identified at the bottom of this webpage. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and this Policy to check for any changes.
- Contact Us.
If you have any questions about this Policy or our privacy practices, please contact us by sending an email to privacy@give2lead.com or by regular mail at:
Give2Lead, LLC
Attn: Member
4120 Douglas Blvd. Ste. 306
Granite Bay, CA 95746
Last Updated: April 16, 2024.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Privacy Notice for California Residents (this “Notice”) supplements the information contained in our Privacy Policy and, subject to the next sentence, applies solely to users of our website as well as any attendant mobile applications we have now or in the future (our “Platform”) who reside in the State of California (“California Residents”). We have adopted this Notice to comply with applicable California law, including the California Consumer Privacy Act of 2018 (the “CCPA”), but only to the extent we are, or become, a covered business thereunder. Any terms defined in the CCPA have the same meaning when used in this Notice.
1. Information We Collect From California Residents.
Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Resident, household or device (for purposes of this Section, “personal information”). In particular, our Website has collected the following categories of personal information from California Residents within the last twelve (12) months:
|
Category |
Examples |
Collected |
|
A. Identifiers. |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. |
Yes
|
|
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. |
Yes
|
|
C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
No
|
|
D. Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Yes
|
|
E. Biometric information. |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
No
|
|
F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
No
|
|
G. Geolocation data. |
Physical location or movements. |
No
|
|
H. Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
No
|
|
I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
No
|
|
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
No
|
|
K. Inferences drawn from other personal information. |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
No
|
Our Platform obtains categories of personal information listed above from the categories of sources described in our Privacy Policy.
2. Use of Personal Information of California Residents.
We may use or disclose the personal information of California Residents for the purposes described in our Privacy Policy.
3. Sharing Personal Information of California Residents.
We may share personal information of California Residents by disclosing it to a third party for a business purpose. In the preceding twelve (12) months, we have disclosed personal information of California Residents for a business purpose to the categories of third parties indicated in the chart below.
We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, Give2Lead has sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-out Rights below.
|
Personal Information Category |
Category of Third-Party Recipients |
|
|
Business Purpose Disclosures |
Sales |
|
|
A: Identifiers. |
Payment Processor |
None |
|
B: California Customer Records personal information categories. |
Payment Processor |
None |
|
C: Protected classification characteristics under California or federal law. |
None |
None |
|
D: Commercial information. |
None |
None |
|
E: Biometric information. |
None |
None |
|
F: Internet or other similar network activity. |
None |
None |
|
G: Geolocation data. |
None |
None |
|
H: Sensory data. |
None |
None |
|
I: Professional or employment-related information. |
None |
None |
|
J: Non-public education information. |
None |
None |
|
K: Inferences drawn from other personal information. |
None |
None |
4. Rights and Choices.
The CPPA provides California Residents with specific rights regarding their personal information. This section describes such rights and explains how California Residents can exercise them to the extent Give2Lead is subject to the CCPA.
Right to Know and Data Portability
To the extent Give2Lead is subject to the CCPA, you have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “Right to Know”). Once we receive your request and confirm your identity (see Exercising Your Right to Know or Delete below), we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).
Right to Delete
To the extent Give2Lead is subject to the CCPA, you have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “Right to Delete”). Once we receive your request and confirm your identity (see Exercising Your Right to Know or Delete below), we will review your request to see if an exception allowing us to retain the information applies.
We will delete or deidentify personal information not subject any such exception from our records and will direct our service providers to take similar action.
Exercising Your Right to Know or Right to Delete
To exercise your rights to know or delete described above, please submit a request by (i) emailing us at privacy@give2lead.com, or (ii) regular mail at 4120 Douglas Blvd. Ste. 306, Granite Bay, CA 95746, Attn: Member.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. If you would like to appoint an authorized agent to act on your behalf, you must provide us with written proof of having authorized your agent to act on your behalf. We will take reasonable steps to verify the identity of the authorized agent and require the authorized agent to sign a declaration under the penalty of perjury attesting to their designation as your authorized agent.
You may also make a request to know or delete on behalf of your child by providing proof, reasonably satisfactory to us, that you are in fact the parent or legal guardian of the child. We will also require you to sign a declaration under the penalty of perjury attesting to the fact that you are the parent or legal guardian of the child on behalf you are existing rights to know or delete.
You may only submit a request to know twice within a 12-month period. Your request to know must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized agent; and (ii) describe your request in sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot and will not respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you or to the person on whose behalf you are acting.
You do not need to create a Give2Lead account to submit a request to know or delete. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
For instructions on exercising your sale opt-out rights, see Personal Information Sales Opt-Out Right below.
Response, Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us by (i) emailing us at privacy@give2lead.com, or (ii) regular mail at 4120 Douglas Blvd. Ste. 306, Granite Bay, CA 95746, Attn: Member.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons for why we cannot (or do not need to) comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out Right
If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years old.
To exercise your right to opt-out described above, please submit a request by (i) emailing us at privacy@give2lead.com, or (ii) regular mail at 4120 Douglas Blvd. Ste. 306, Granite Bay, CA 95746, Attn: Member.
You may change your mind and opt back in to personal information sales at any time by (i) emailing us at privacy@give2lead.com, or (ii) regular mail at 4120 Douglas Blvd. Ste. 306, Granite Bay, CA 95746, Attn: Member.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination
We will not discriminate against any California Resident for exercising his or her rights under the CCPA to the extent the CCPA applies to us.
5. Other California Privacy Rights.
California's “Shine the Light” law (Civil Code Section § 1798.83) may permit users of our Website who are California Residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us by (i) emailing us at privacy@give2lead.com, or (ii) regular mail at 4120 Douglas Blvd. Ste. 306, Granite Bay, CA 95746, Attn: Member.
6. Contact Us.
If you have any questions or comments about this Notice, please contact us by sending an email to privacy@give2lead.com or by regular mail at:
Give 2 Lead, LLC
Attn: Member
4120 Douglas Blvd. Ste. 306,
Granite Bay, CA 95746
Last Updated: April 16, 2024.
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