PLEASE READ THESE TERMS AND CONDITIONS OF USE AS THEY AFFECT YOUR RIGHTS
So…do you come here often? Whether or not you do, you should still read this because it affects how you can use this website and any related services. Before we get into the legal stuff we want to apologize for the “ALL CAPS”, honestly we don’t mean to yell. In fact, our fancy pants lawyer told us we’re required to let you know that there is some really important stuff that you have to read and agree to before viewing or interacting with us or our website. So without further ado:
THE FOLLOWING “TERMS OF SERVICE AND CONDITIONS OF USE” (“Agreement”) GOVERN YOUR USE OF THE WEBSITE www.leadelephante.com (“Site”) MADE AVAILABLE BY Lead Elephante., an Oregon AND ANY RELATED SITES AND SERVICES (TOGETHER “Lead Elephante”. USE OF THIS WEBSITE, AS WELL AS BECOMING A CLIENT OF Lead Elephante, OR ITS RESELLER, REQUIRES CONSIDERATION FOR, AND AS A CONDITION OF ALLOWING YOU TO VIEW OR REGISTER FOR THIS WEBSITE AND ANY RELATED SERVICES, YOUR HAVING READ AND ACCEPTED THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY VIEWING, VISITING, USING, REGISTERING, BECOMING A CLIENT OR RESELLER, OR INTERACTING WITH THIS WEBSITE, YOU ACCEPT THE TERMS OF THE AGREEMENT WHETHER YOU ARE A VISITOR OR A REGISTERED USER. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS YOU MUST DISCONTINUE USE OF THE SITE AND/OR SERVICES. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS AND THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND THAT YOU REPRESENT YOURSELF AS BEING OF YOUR TRUE AGE AND IDENTITY INTRODUCTION
Welcome to Lead Elephante, the company that helps you market to a new world. We are dedicated to providing you with some of the most comprehensive solutions to marketing and design, with a revolutionary interactive platform. The Lead Elephante Site and related services (together “Services”) are provided to you on the condition of your acceptance of this Agreement. This Agreement contains terms and conditions that apply to any individual or entity, and any participation or interaction with the site, whether or not they are a registered user of Lead Elephante. Additional terms, including any Privacy Policies, Reseller Agreements, Purchase and Service Orders, Non-Disclosure Agreements, and other agreements, may apply to those utilizing Lead Elephant Services, including those requirements that govern terms and conditions of payment.
Through its Services, Lead Elephante provides you with access to a variety of resources, including (but not limited to) search engine optimization services, search analytics, content writing, personalized design services, and social media services. Unless we say otherwise, your ability to view, use, or interact with these services is governed by this Agreement. “You” means the individual, company, or legal entity that viewing, interacting, using, or is a client of Lead Elephante or its authorized resellers, including, without limitation, any partners, members, employees, temporary employees, and contractors of the approved individual or company.
OUR ELECTRONIC CONTRACT WITH YOU
This Agreement is the electronic contract between you and Lead Elephante, and defines your relationship with us. Since the nature of the internet changes, we must constantly adapt our Site and Services. With that in mind, you understand and agree that the Services we offer are unique, therefore Lead Elephante reserves the right to change this Agreement at any time, and the changes will take effect once they are posted on the Site. In plain English, you need to be aware that: (1) this Agreementis subject to change; (2) it is your responsibility to check for changes; and (3) your use of the Site or Services after it has changed means you accept the changes. If you do not agree with these terms, or any other terms you have been presented with, immediately discontinue use of the Site and Services and notify us of your decision.
NOW THAT YOU’RE HERE, WHAT CAN AND CAN’T YOU DO?
Accepted Use. By viewing, interacting, registering, linking to, using the Site and related Services, and/or becoming a client of Lead Elephant or its Reseller’s, you represent that your use of the Site and related Services complies with, and will continue to comply with for the duration of this agreement, all of the provisions of this Agreement, and does not violate the rights of any person or any duty owed to any other party, and that it does not violate any applicable law. You also agree that you will be solely responsible for the authenticity and/or operation of information you provide, interaction with the site, or in connection with your use of any related services, as well as the accuracy and appropriateness of materials you provide or other websites you partner with. Lead Elephante accepts no responsibility for monitoring individual websites, link partners, Reseller, third party websites, or the user profiles, interactions, or groups of related services. Although Lead Elephante reserves the right to monitor certain activities, it has no obligation or responsibility to monitor, modify, or remove any inappropriate content, or for the conduct of content submitted to our Site or any other site.
Unauthorized Use. We have a strict no robot policy, meaning that in order to access or use this Site or any of our services you must be a human (no zombies either). No automated scripts, programs, scrapers, or bots. You also agree that you will NOT modify, reverse engineer, let others use your account, use our services for anything other than intended (in our discretion), adapt, hack, jack, or do something wiggidy wack like falsely imply a relationship with the Company Name Site, Services, or authorized resellers. Lead Elephante reserves the right, in its sole discretion, to determine whether anyone has violated this Agreement. In addition to this, the following is a list of conduct, behavior, and content that you are prohibited from providing, linking to, or implying Lead Elephante has any connection to, as determined by Lead Elephante in its sole discretion, as well as your agreeing that:
You will not use, develop or distribute any automated software programs (bots), scripts, or other applications that are designed to modify, interact, or use the Site and/or Services;
You will abide by all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct (i.e. don’t be a jerkface);
You will not disrupt, attempt to, assist in, prohibit, or diminish any visitor or registered user’s experience or interaction with the Network, Site, or other related service;
You will not reproduce, modify, reverse engineer, disassemble, distribute, transmit, copy, or otherwise create any derivative works of any portion of the Site or Service;
You will not collect, or use any software to collect, the personal information of any kind, impersonate, or create a false identity for any reason, including for the purpose of misleading others;
You will not use, upload, transmit, provide, or distribute any content, images, links, websites, or photographs which you do not own or own the rights to;
You will not interfere with any Site, Service, third party site, or any computer connected to the Site or our Services;
You will not send, post, or request others to send or post, any unauthorized, unsolicited, or unwanted communications, including commercial messages (“spam”), junk mail, chain letters, mass mailing, instant messaging, phishing, or any other related conduct;
You will not post, request, link to, distribute or engage in conduct that is patently offensive;
You will not post, request, distribute or engage in conduct that is sexually explicit or that can be construed as obscene or pornographic;
You will not post, request, distribute or engage in conduct that is or promotes violence, terrorism, profanity, racial, bigotry, hatred, or otherwise objectionable content;
You will not post, request, distribute, or engage in conduct that concerns illegal substances or activities;
You will not post, request, distribute, or engage in conduct that furthers or promotes warez, cracking, phishing, phreaking, blackhat seo, or other similar activity;
You will not develop, post, link to, attempt to utilize Lead Elephante services to link to, or distribute any material or websites that contain viruses or any other computer code, file, or program that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
You will not solicit any personal information from anyone under the age of 18;
You will not utilize our Site or Services for any blackhat SEO methods, as determined by Lead Elephante;
You will not solicit the login information of any other user of the Site or related Services;
You will not use your personal profile, the Site, or Services for commercial gain (i.e. selling your account to others or placing links in your profile or on the site for pure optimization purposes); and
You will not engage in any other prohibited use or prohibited content that is determined by Lead Elephante in its sole discretion;
You will not use or attempt to use another’s account, service or system without authorization from Lead Elephante;
You will not maintain more than one user account per person or company without prior authorization from Lead Elephante.
Ownership Rights and Licenses. We like our Site and the Services we offer and we have invested quite a lot of time, money, and perspiration in providing some of the best the web has to offer. So it should come as no surprise that we don’t like when people steal our stuff. Stuff, in this sense, includes the copyrighted material, trademarks, and other proprietary information of Lead Elephante and its licensors. Notwithstanding anything in the public domain, or that we gave you express written permission to use, you may NOT copy, distribute, modify, publish, display, sell, barter, exchange, resell, maim, or otherwise redistribute any of our copyrighted material, trademarks, or proprietary information. If you do, we’ll come at you with the proverbial legal stick. By using or interacting with the Site you agree to provide Lead Elephante with a limited license for the use of any information or content you provide.
Lead Elephante Agent for Notice of claims of copyright or other intellectual property