Leadline Pro Cancellation Terms and Agreement
This Subscriber Cancellation Agreement (the "Agreement") explains the terms and conditions governing your cancellation of the Services offered by LeadLine LLC (“LeadLine Pro”). Please read the whole thing. By continuing, you accept these terms and conditions and acknowledge that the cancellation of your Leadline Pro Service is subject to certain conditions set forth below.
(a) Generally. The Leadline Pro Service provides registered Subscribers (each a "Subscriber") with the package of content, tools, and services described below ("Leadline Pro Service(s)"). You understand and agree that your cancellation terminates all of the LeadLine Pro Services.
(b) Leadline Pro Services and Technology: You will no longer be able to use the Technology incorporated in the Leadline Pro Service to build and maintain your online business. This includes termination of all of your hosted web sites, use of the LeadLine Pro app, use of LeadLine Pro's training tools and resources, and participation in LeadLine Pro training calls.
2. Refund Terms
(a) By canceling you forfeit your ability to obtain any refund for services already rendered. Once your cancellation has been processed, all future billings will stop but no past payments will be refunded under any conditions. (b) By canceling you agree not to file or pursue any chargebacks for previous payments, and YOU WILL BE SOLEY RESPONSIBLE FOR ANY COSTS TO LEADLINE PRO to pursue legal remedies to fight such chargebacks.
3. Leadline Pro Rights
(a) Intellectual Property. All software, leads generated by said software, and the database that contains said leads is property of LeadLine LLC. Your monthly fee for membership was a license to use said software and the leads generated by the software. Upon cancellation, any unused leads may be assigned to other members. Any lead in LeadLine LLC’s proprietary database that is marked with a status of ‘new lead’ shall be construed to be unused and may be subject to reassignment immediately upon cancellation, this is based on the sole discretion of LeadLine LLC. Any copyright infringement of LeadLine LLC's intellectual property, including but not limited to: website content, website layout, logo, artwork, and app assets will be vigorously pursued to the fullest extent of the law.
4. Term/Termination All rights granted to you under any previous Agreement shall terminate immediately. Following this cancellation, you agree not to reregister for or otherwise access the Leadline Pro without Leadline Pro's prior written approval. Leadline Pro reserves the right to delete or utilize any data files associated with your use of the Leadline Pro Service upon execution of this Cancellation Agreement.
5. Indemnification. You agree to indemnify Leadline Pro and hold Leadline Pro harmless in perpetuity against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from: (i) your previous or continuing use of the Leadline Pro Service; (ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you posted or used on your Subscriber Site and/or (iv) any indecent, obscene, or libelous material posted on your Subscriber Site.
6. Limitation on Liability (a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL LEADLINE PRO, OUR USERS, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LEADLINE PRO SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE ON THE LEADLINE PRO SERVICE ("LEADLINE PRO USERS"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE LEADLINE PRO SERVICE; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF LEADLINE PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) THE AGGREGATE LIABILITY OF LEADLINE PRO AND THE LEADLINE PRO USERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO LEADLINE PRO DURING THE TERM OF THIS AGREEMENT FOR ANY PRICELESS POSSIBILITIES SERVICE OR TECHNOLOGY.
(b) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(c) IN NO EVENT IS LEADLINE PRO OR ANY LEADLINE PRO USER LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND LEADLINE PRO CONTROL.
(d) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
(a) This Agreement shall be governed by and construed in accordance with U.S. federal and Arizona laws, excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the federal and state courts of the state of Arizona. If local laws prohibit your participation in any part of the Leadline Pro Service, or use of them, then you are responsible for complying with such laws and the terms of this Agreement.
(b) Any and all disputes between you and Leadline Pro will be settled by arbitration in Tucson, AZ, in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and shall be made either via email or conventional mail such notices to the Leadline Pro Service. All notices to Leadline Pro from you must be made in writing via email addressed to email@example.com.
(e) Leadline Pro's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Leadline Pro in writing.
(f) This Agreement comprises the entire agreement between you and Leadline Pro and supersedes all prior agreements between the parties regarding the subject matter contained herein.
(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.