Last Updated: March 29, 2021
Welcome to the First service (the“Service”).
Description of Services. First Leads, LLC(“First”, “we” or “us”) provides the Service to you subject to the conditions below. First uses a proprietary method to analyze the contacts that you provide from your email account or via upload on an ongoing basis, and may query you for additional information about those contacts (“Content”). We will process the Content you provide, augment it with data from third party sources, and will post insights to your account on our application. The Service is not an email service or a CRM application, and may only be used to augment your personal contacts list of individuals/entities known to you and uploaded to First. You are responsible for obtaining and maintaining access to an email service and your account, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you are responsible for your own compliance with local, state, and national laws pertaining to marketing and communications to consumers, and further you must provide and are responsible for all equipment necessary to access the Service..
Terms of Service (“Terms of Service,” “Terms ofUse” or "Agreement"). This Agreement sets forth the legally binding terms for your use of our Service. By accessing or using the Service, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you are at least 18 years old and have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of this Agreement, do not access and/or use the Service.
Your Account. In order to use certain features of the Service, you must register for an account with First ("Account") and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify First of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. First cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree that you will comply with all applicable state, local, federal and international laws when using the Services including, for instance, privacy laws and anti-spam laws in the US, Canada and elsewhere, as well as laws that restrict marketing calls, emails, and texts. First reserves the right to refuse service, terminate accounts and/or reject submitted Content in its sole discretion.
Use of Services. Unless otherwise provided in the applicable Order Form, Services are purchased as subscriptions
Fees for purchased Services. You will pay all fees specified in Order Forms.Except as otherwise specified herein or in an Order Form, (i) fees are based on Services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable.
Invoicing and Payment. You will provide First with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information to us, you authorize us to charge such credit card for all Purchased Services listed in the Order Form for the initial subscription. Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, we will invoice you in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
License and Service Access. First grants you a limited license to access and to make use of the Service. This license does not permit you to, and you agree that you will not: (i) upload to, post on, or transmit through the Service any information that you do not have a right to make available (such as the intellectual property of another party or information that you are not legally permitted to use); (ii) upload to, post on, or transmit through the Service any material that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) take any action that imposes or may impose (in First’s sole discretion) an unreasonable or disproportionately large load on First’s infrastructure; (iv) enter information or download information from the Service through any means other than direct user interaction with the Service; or (v) make any use of data mining, robots, or similar data gathering and extraction tools to submit Content to the Service. You represent that the Content you upload comes from your personal contacts of persons/entities known to you, and that you will not make improper use of the Service. You may not bypass any measures used by First to prevent or restrict access to the Service. Any unauthorized use of the Service by you shall terminate the permission or license granted to you by First and will make any further use of the Service an infringement of First’s intellectual property rights.
Terms Relating to Content. You expressly agree that First has no obligation to review any Content you submit; however, we reserve the right to reject any Content that we, in our sole discretion, deem libelous, derogatory, pornographic, illegal, or otherwise inappropriate. You expressly agree not to include in the Content any personally identifiable information about children under the age of 13. We reserve the right to reject and not process any personally identifiable information about children under the age of 13.
As part of the Service, the Content may be processed in a country other than the one in which you (or any data subject associated with such Content) reside. You hereby grant consent for such processing and you represent and warrant that you are authorized to grant such consent on the part of any data subject associated with such Content.
First repudiates any and all legal liability for opinions or other information included in any Content.
You understand and agree not to use any functionality provided by the Service to submit Content that:
(i) Contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(ii) Impersonates others or provides any kind of false information;
(iii) Contains unauthorized downloads of any copyrighted or private information;
(iv) Violates any applicable local, state, national, or international law or regulation pertaining to marketing communications.
You agree that you are solely responsible for the Content you provide and for any use you make of such Content after it has been processed by First.
Indemnity. You agree to indemnify and hold First (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Service, your violation of any law or the rights of a third party (including any data protection or anti-spam rights) or any claim or liability associated with your use of any Content we have processed as part of the Services. First reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of First. First will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Electronic Communication. When you use the Service or send emails toFirst, you are communicating with First electronically. You consent to receive communications from First electronically. First will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranty. EXCEPT AS OTHERWISE SPECIFIED IN A SEPARATE AGREEMENT BETWEEN YOU AND FIRST, FIRST MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS, CONTENT OR SERVICES PROVIDED. AS BETWEEN YOU AND FIRST, ALL PRODUCTS, CONTENT AND SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANTI-VIRUS, SECURITY OR ACCURACY.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL FIRST BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER INFORMATION OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER INFORMATION. MOREOVER, IT IS YOUR RESPONSIBILITY TO ENSURE YOUR OWN COMPLIANCE WITH MARKETING LAWS THAT PERTAIN TO YOU.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIRST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SERVICE OR ANY RELATED SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Procedure for Claims of Intellectual Property Infringement. First respects the intellectual property of others, and we ask our users to do the same. First may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide First’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Term of Agreement. This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated.
Term of Purchased Subscriptions. The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any automatic renewal term will be the same as that during the immediately prior term unless we have given You written notice of a pricing increase at least 60 days before the end of that prior term, in which case the pricing increase will be effective upon renewal and thereafter. Any such pricing increase will not exceed 7% of the pricing for the applicable Purchased Service in the immediately prior subscription term, unless the pricing in the prior term was designated in the relevant Order Form as promotional or one-time.
If you provide First any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to First all rights in the Feedback and agree that First shall have the right to use such Feedback and related information in any manner it deems appropriate. First will treat any Feedback you provide to First as non-confidential and non-proprietary. You agree that you will not submit to First any information or ideas that you consider to be confidential or proprietary.
First’s contact for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright and Trademark Department
c/o First Leads, LLC
5075 S. Syracuse Street
Denver, CO 80237
By email: email@example.com
First may update both the mail and email addresses from time to time.
Survival of Terms After Agreement Ends. Notwithstanding any other provisions of this Terms of Service, or any general legal principles to the contrary, any provision of this Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Service.
General. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. These changes will be effective immediately.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms of Service and the relationship between you and First will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and First agree to submit to the personal jurisdiction of the federal and state courts located in the State of Delaware with respect to any legal proceedings that may arise in connection with this Terms of Service. The failure of First to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. First does not guarantee it will take action against all breaches of this Terms of Service. Except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this Terms of Service. This Terms of Service constitutes the entire agreement between you and First and governs your use of the Service, superseding any prior agreements between you and First with respect to the Service.