Leadpoint Terms Of Use Agreement

Welcome to the Web site located at www.leadpoint.co.uk which is operated by LeadPoint (UK) Limited ("LeadPoint"). We maintain this Web site as a platform for clients to download materials. By using this Web site, you are agreeing to comply with and be bound by the following terms and conditions of use. Please review the following terms and conditions carefully. If you do not agree to these terms and conditions, you must not obtain information from or otherwise use this Web site.

Introduction:

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") and the Privacy Policy with respect to this Web site (the "Site"). This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site the terms of which will apply from the date of posting. You should review this Agreement prior to each use of the Site. If after the Agreement has been amended you do not agree to the terms or conditions, you must stop using this Site.

Copyright:

The content, information, layout, text, graphics, design, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) and other materials related to the Site are protected under applicable copyright, trade mark and other proprietary (including but not limited to intellectual property) rights. All rights are reserved. The copying, re-distribution, use or publication by you of any such materials or any part of the Site, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire any rights of ownership in any content, document or other materials viewed through the Site.

You shall retain ownership of all copyright in data you submit to the Site. You grant LeadPoint a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.

Limited Right to Use:

You must not use this Site for anything that is unlawful or prohibited by this Agreement and/or any notices elsewhere on this Site.

The viewing, printing or downloading of any content, code, video, audio, graphic, form or document from the Site grants you only a revocable, non-exclusive licence for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for re-publication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use (but not for resale or redistribution).

Editing, Deleting and Modification:

We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site.

Indemnification:

You agree to indemnify, defend and hold LeadPoint, LeadPoint Inc. and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable legal fees, related to your use of the Site or breach of this Agreement.

Non-transferable:

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY CODE, FORMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE OF SATISFACTORY QUALITY OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY CODE, FORMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (F) THAT THE INFORMATION PROVIDED ON THIS SITE IS CORRECT, ACCURATE, OR COMPLETE.

ALL 'INFORMATION' AND 'CODE' AND 'FORMS' AND OTHER CONTENT PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED "AS IS".

TO THE EXTENT PERMIITED BY LAW, WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT WITHOUT LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA OR THE LIKE), LOSS OF REVENUE OR OPPORTUNITY WHETHER ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS SAVE WHERE SUCH LIABILTY CANNOT BE EXCLUDED BY LAW.

Links to Other Web Sites:

The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites and we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply our approval or endorsement of the linked Web site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk.

Export Control:

Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, "Materials") available from or through the Site are or may be subject to United States and UK export controls.

Privacy Policy:

LeadPoint does not collect personally identifiable information from clients of LeadPoint or third parties unless those parties have expressly given such information to LeadPoint (for example, when completing a LeadPoint Application Form). LeadPoint's information practices are further described in the LeadPoint Privacy Policy. The LeadPoint Privacy Policy is part of this Agreement, and you agree that use of your personal data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with LeadPoint (such as a Lead Buyer Agreement or a Lead Seller Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read the LeadPoint Privacy Policy. You should consider any communication that you transmit to LeadPoint (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that LeadPoint will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Miscellaneous:

This Agreement shall be governed by and construed in accordance with the laws of England. Any claim made by you with respect to the Site (and/or information, documents and other materials contained therein) must be initiated within one (1) year after the cause of action arose. All actions shall be subject to the limitations set forth under "Disclaimer" above. Each party irrevocably submits to the exclusive jurisdiction of the English Courts.

No provision of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Consent and Changes:

LeadPoint may find it necessary or be legally required to update this Agreement from time to time. When we do so, we will post those changes on this page and update the effective date. Any changes will become effective 30 days following such posting, unless otherwise stated. Except as otherwise required by law, modifications to this Agreement will not affect you prior to the effective date of the policy change.

Revised and republished November 2005