Your use of Talk With Lead products, services, and web sites (collectively
referred to as the "Services" in this document) is subject to the terms of a legal
agreement between you and Talk With Lead. This document explains the terms
of that agreement.
Please note that Talk With Lead may make changes to these terms from time
to time. We expect that most such changes will be minor.
If you use the Services after the terms have changed, Talk With Lead will
treat your use as acceptance of the updated terms.
Accepting the Terms
In order to use the Services, you must first agree to these terms. You may not use
the Services if you do not accept the terms. You may accept the terms by clicking
to accept or agree to the Terms when purchasing or subscribing to Services. You
understand and agree that Talk With Lead will treat your use of the Services
as acceptance of the Terms. You may not use the Services and may not accept the
terms if you are not of legal age to form a binding contract with Talk With Lead
or are otherwise legally barred from receiving the Services.
Privacy
For information about Talk With Lead privacy practices, read Talk With Lead privacy policy. This policy explains how Talk With Lead treats
your personal information, and protects your privacy.
Payment
You agree to pay Talk With Lead the total charges for use of Services,
including, without limitation: fees applicable for installation or setup; monthly
recurring fees; late fees; usage charges for exceeding service limits such as bandwidth
and disk space; interest charges, if your account is past due; reconnect fees if
your account has been suspended; any applicable federal, provincial, state or regulatory
taxes or surcharges, incurred in connection with use of the Services.
You agree to pay all amounts by the due date indicated on your invoice by using
any of the payment methods accepted by Talk With Lead.
Your invoice will be in US dollars and is payable in US dollars or will be in Canadian
dollars and is payable in Canadian dollars.
If your account remains unpaid for 30 days your account may be suspended or terminated
without notice. Services suspended for nonpayment are subject to a $30 late payment
fee per month and payment of the full amount due will be required before service
may be restored. Past due accounts may be turned over to an outside collection agency.
Accounts turned over to an outside collection agency may be subject to additional
collection fees.
Use of the Services
In order to use Services, you may be required to provide information about yourself
(such as identification or contact details) and payment details (such as a credit
card number) as part of the registration process. You agree that any registration
information you give to Talk With Lead will always be accurate, correct
and up to date.
In addition you agree to:
- use the Services only for purposes that are permitted by these
terms and by any applicable law, regulation, or generally accepted practices or
guidelines in the relevant jurisdictions;
- not use the service to impersonate any person or entity;
- not upload, post, email, transmit or otherwise make available
any content that you do not have a right to make available under law;
- not email any unsolicited advertising, "junk mail", "spam", or
"pyramid schemes";
- not engage in any activity that interferes with or disrupts the
Services or the servers and networks which are connected to the Services.
Content
You understand that all information (such as data files, written text, computer
software, and media files such as music, photographs, images, and videos) are the
sole responsibility of the person from which the content originated.
You agree that you are solely responsible for (and that Talk With Lead
has no responsibility for) any Content that you may create, transmit or display
while using the Services.
International Use
You agree to comply with all local rules, regulations, and laws regarding online
conduct and acceptable content in the country in which you reside.
You represent that you are not a party identified on any government export exclusion
list, including but not limited to the U.S. Denied Persons, Entity, and Specially
Designated Nationals Lists and the Canadian Anti-Terrorism Act. You agree that you
will not transfer software, technology, or other technical data via Talk With Lead to parties on such lists.
Termination
These terms will continue to apply until all Services are terminated by either you
or Talk With Lead as set out below.
- If you wish to terminate your legal agreement and closing all
the Services which you use with Talk With Lead, you may do so by notifying
by logging into your account and deleting your account. Your service will be closed
at the end of the current period. A minimum of 30 days' notice prior to the withdrawal
date of the payment is required and that any cancellation done in less than 30 days
prior to the payment date will be processed for the following month. If you have
sign a contract for service, the contract cannot be cancelled till a payment is
made for all remaining months on the contract.
- Talk With Lead may terminate its legal agreement with
you if required to do so by law or if you have breached any provision of the Terms.
- Talk With Lead may terminate its legal agreement with
you if you have acted in a manner which clearly shows that you do not intend to
comply with the previsions of the Terms.
- Talk With Lead may, in its sole discretion and at any
time, discontinue providing Services, or any part thereof, with or without notice.
- Talk With Lead may suspend or terminate Services for
nonpayment of any fees owed by you in connection with Services.
- Talk With Lead may terminate Services if you become bankrupt
or otherwise insolvent.
Termination of your Talk With Lead Services includes any or all of the
following:
- removal of access to all or part of Services
- deletion of your password and account
- deletion of your files and all other content associated with or
inside your account
- deletion of your email addresses and email stored on Talk With Lead servers
Exclusion of Warranties
All Services are provided by Talk With Lead "AS IS" and "AS AVAILABLE"
without warranties or conditions of any kind.
In particular Talk With Lead does not warrant uninterrupted use or operation
of Services or that your Services will be timely, secure, or error free.
Limitation of Liability
You expressly understand and agree that Talk With Lead, its directors,
employees, agents, and partners shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages resulting from the use of
inability to use any of the Services or for the cost of procurement of substitue
services. This shall include, but not be limited to, any loss of profit (whether
incurred directly or indirectly), loss of goodwill, loss of data, or any other intangible
loss.
Disputes and Governing Law
This agreement shall be governed by and interpreted and enforced in accordance with
the laws of the province of Ontario and the federal laws of Canada applicable therein
without reference to rules governing choice of laws.