Terms of service
The following terms and conditions govern all use of the Firmapi
SARL website and all content, services and products available at or
through the website, including, but not limited to, the Eversend
user management service ("LeadBear"), (taken together, the
Services). The Services is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and
all other operating rules, policies and procedures that may be
published from time to time on this Site by Eversend (collectively,
the "Agreement").
Please read this Agreement carefully before accessing or using the
Services. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do
not agree to all the terms and conditions of this agreement, then you
may not access or use the Services. If these terms and conditions are
considered an offer by LeadBear, acceptance is expressly limited to
these terms. The Services is available only to individuals who are at
least 18 years old.
- Your LeadBear Account. If you create an account on
the Services, you are responsible for maintaining the security of
your account, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection
with the account. You must immediately notify LeadBear of any
unauthorized uses of your account or any other breaches of
security. LeadBear will not be liable for any acts or omissions
by You, including any damages of any kind incurred as a result of
such acts or omissions. You must be a human. Accounts registered by
"bots" or other automated methods are not permitted. You must
provide your legal full name, a valid email address, and any other
information requested in order to complete the signup process. You
must not, in the use of the Services, violate any laws in your
jurisdiction and in France (including but not limited to copyright
or trademark laws).
-
Payment and Renewal.
- General Terms. Optional paid services such as
extra capacity are available on the Services (any such
services, an "Upgrade"). By selecting an Upgrade you agree
to pay LeadBear the monthly or annual subscription fees
indicated for that service (additional payment terms are
described below). Payments will be charged on a pre-pay
basis on the day you sign up for an Upgrade and will cover
the use of that service for a monthly or annual
subscription period as indicated. Upgrade fees are not
refundable.
- Automatic Renewal. Unless you notify Email
Hunter before the end of the applicable subscription period
that you want to cancel an Upgrade, your Upgrade
subscription will automatically renew and you authorize us
to collect the then-applicable annual or monthly
subscription fee for such Upgrade (as well as any taxes)
using any credit card or other payment mechanism we have on
record for you. Upgrades can be canceled at any time in the
Settings section of your account's dashboard.
-
LeadBear.
- Fees; Payment. By signing up for a LeadBear
account you agree to pay LeadBear the monthly fees
indicated to you when you registered for the service in
exchange for the LeadBear services. Applicable fees
will be invoiced starting from the day your paid account
are established and in advance of using such services.
LeadBear reserves the right to change the payment terms
and fees upon thirty (30) days prior written notice to you.
LeadBear accounts can be canceled by you at anytime on
30 days written notice to LeadBear. Written notices
reffer to, but are not limited to, emails.
- Support. LeadBear include access to email
support. "Email support" means the ability to make requests
for technical support assistance by email at any time (with
reasonable efforts by LeadBear to respond within three
business day) concerning the use of LeadBear. All Email
Hunter support will be provided in accordance with Email
Hunter standard LeadBear practices, procedures and
policies.
-
LeadBear API. Any use of the API, including
use of the API through a third-party product that accesses
LeadBear, is bound by these Terms of Service plus the
following specific terms:
- Damage and liability. You expressly understand
and agree that LeadBear shall not be liable 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 LeadBear has been advised of
the possibility of such damages), resulting from your use
of the API or third-party products that access data via the
API.
- Rate limiting. Abuse or excessively frequent
requests to LeadBear via the API may result in the
temporary or permanent suspension of your account's access
to the API. LeadBear, in its sole discretion, will
determine abuse or excessive usage of the API. Email
Hunter, in its sole discretion, may make an attempt via
email to warn the account owner prior to suspension.
- Discontinuation. LeadBear reserves the right
at any time to modify or discontinue, temporarily or
permanently, your access to the API (or any part thereof)
with or without notice.
- Marketing. As a user, you give LeadBear a perpetual
world-wide license to use your company's assets and logos, unless
LeadBear agrees in writing otherwise. These assets and logos
will be used purely for marketing and sales efforts, such as being
displayed on the home page.
- Copyright Infringement. As LeadBear asks others to
respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that
material located on or linked to by LeadBear violates your
copyright, you are encouraged to notify LeadBear. LeadBear
will respond to all such notices, including as required or
appropriate by removing the infringing material or disabling all
links to the infringing material. LeadBear will terminate a
visitor's access to and use of the Services if, under appropriate
circumstances, the visitor is determined to be a repeat infringer
of the copyrights or other intellectual property rights of Email
Hunter or others. In the case of such termination, LeadBear
will have no obligation to provide a refund of any amounts
previously paid to LeadBear.
- Intellectual Property. This Agreement does not transfer
from LeadBear to you any LeadBear or third party
intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with
LeadBear. LeadBear, the LeadBear logo, and all other
trademarks, service marks, graphics and logos used in connection
with LeadBear, or the Services are trademarks or registered
trademarks of LeadBear or LeadBear licensors. Other
trademarks, service marks, graphics and logos used in connection
with the Services may be the trademarks of other third parties.
Your use of the Services grants you no right or license to
reproduce or otherwise use any LeadBear or third-party
trademarks.
-
Use License Under this license you may
not:
- Attempt to decompile or reverse engineer any software
contained on LeadBear's web site or API.
- Access the Site or Services in order to build a similar
or competitive service.
- This license shall automatically terminate if you
violate any of these restrictions and may be terminated by
LeadBear at any time.
- Changes. LeadBear reserves the right, at its sole
discretion, to modify or replace any part of this Agreement. It is
your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Services following
the posting of any changes to this Agreement constitutes acceptance
of those changes. LeadBear may also, in the future, offer new
services and/or features through the Services (including, the
release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this
Agreement.
- Termination. LeadBear may terminate your access to
all or any part of the Services at any time, with or without cause,
with or without notice, effective immediately. If you wish to
terminate this Agreement or your LeadBear account (if you have
one), you may simply discontinue using the Services.
Notwithstanding the foregoing, if you have a paid LeadBear
account, such account can only be terminated by LeadBear if you
materially breach this Agreement and fail to cure such breach
within thirty (30) days from LeadBear’s notice to you thereof;
provided that, LeadBear can terminate the Services immediately
as part of a general shut down of our service. All provisions of
this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
liability.
- Disclaimer of Warranties. The Services is provided “as
is”. LeadBear and its suppliers and licensors hereby disclaim
all warranties of any kind, express or implied, including, without
limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither LeadBear nor
its suppliers and licensors, makes any warranty that the Services
will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise
obtain content or services through, the Services at your own
discretion and risk.
- Limitation of Liability. In no event will LeadBear,
or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence,
strict liability or other legal or equitable theory for: (i) any
special, incidental or consequential damages; (ii) the cost of
procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to LeadBear under this
agreement during the twelve (12) month period prior to the cause of
action. LeadBear shall have no liability for any failure or
delay due to matters beyond or not their reasonable control. The
foregoing shall not apply to the extent prohibited by applicable
law.
- General Representation and Warranty. You represent and
warrant that (i) your use of the Services will be in strict
accordance with the LeadBear Privacy Policy, with this
Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding
the transmission of technical data exported from the France or the
country in which you reside) and (ii) your use of the Services will
not infringe or misappropriate the intellectual property rights of
any third party.
- Indemnification. You agree to indemnify and hold
harmless LeadBear, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and
against any and all claims and expenses, including attorneys’ fees,
arising out of your use of the Services, including but not limited
to your violation of this Agreement.
-
Miscellaneous. This Agreement constitutes the entire
agreement between LeadBear and you concerning the subject
matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of LeadBear, or
by the posting by LeadBear of a revised version. Except to
the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Services will be
governed by the laws of France, excluding its conflict of law
provisions, and the proper venue for any disputes arising out
of or relating to any of the same will be the Tribunal de
Commerde de Lyon, France. Any legal action or arbitration shall
take place in France, in the french language. The prevailing
party in any action or proceeding to enforce this Agreement
shall be entitled to costs and attorneys’ fees. If any part of
this Agreement is held invalid or unenforceable, that part will
be construed to reflect the parties’ original intent, and the
remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not
waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party
that consents to, and agrees to be bound by, its terms and
conditions; LeadBear may assign its rights under this
Agreement without condition. This Agreement will be binding
upon and will inure to the benefit of the parties, their
successors and permitted assigns.
Last modified: February 2nd, 2016