Welcome to LeadAR (the “Software”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Aesthetic Record, LLC (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the software and any products, materials, and services provided by or on the software (collectively, the “Services”).
1. Acceptance of this Agreement.
1.1 Acceptance Through Using or Accessing the Services.
Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you should immediately stop using our services.
1.2 Eligibility Requirements to Use or Access the Services.
To use the Software or any other Services, you must: 1) be a a paid subscriber to our services 2) act in accordance with the legal guidelines set forth by your governing body and 3) not be a competitor or intending to compete with LeadAR.
By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
1.3 Changes to this Agreement.
The Company reserves the right to change this Agreement occasionally at its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide at least 30 day’s notice before any changes that could impact billing or diminish functionality. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.
Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
2. Access to the Services.
- Changes to Your Access and the Services. The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify or withdraw the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
- Creating an Account. You will be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company has different subscription plans available, and you can only access the subscription for which you are enrolled. If you connect to any Services with a third-party integration, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
- Account Responsibilities. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
- Termination or Deletion of an Account. The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement and for non-payment.
3. Policy for Using the Services.
Prohibited Uses. You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company including for competitive interest. You may use the Services for any business or commercial purposes.
You may not engage in Prohibited Activities while using our software or your account is subject to immediate termination:
- Breaking the Law: Don’t break any laws, including intellectual property laws and privacy laws. Also, don’t violate any contracts you may have.
- Unwanted Messages: Don’t send unsolicited or unauthorized ads, spam, or other unwanted messages, whether they’re commercial or not.
- Pretending to Be Someone Else: Don’t pretend to be someone else or lie about your affiliation to mislead or confuse others.
- Protect Minors: Don’t harm or take advantage of minors in any way. This includes sharing inappropriate content or trying to get their personal information.
- Content Standards: Make sure any content you share complies with our content standards, as outlined in this agreement.
- No Harassment: Don’t harass or disrupt others’ use of our services, and don’t put our company or other users at risk.
- No Interference: Don’t use any tools or actions that could interfere with our services or harm our infrastructure, like servers and networks.
- No Unauthorized Access: Don’t try to access our services or other systems without permission, break encryption, or disrupt data or networks connected to our services.
- No Source Code Access: Don’t try to figure out our source code, workflows, or underlying information.
- No Unauthorized Data Collection: Don’t collect data or information about other users without their permission, like their emails, usernames, or passwords.
- No Other Interference: Don’t do anything else that could disrupt the proper functioning of our services.
- No Assisting Others: Don’t help, allow, or encourage others to do any of the above.
We want to ensure a safe and enjoyable experience for all our users. If you have any questions about these rules, please reach out to us.
4. Policies For Usage of Messaging Services, AI Tools, Premium Workflow Actions, & AI Chat
4.1 Policy for Messaging Services Use (Voice, SMS, MMS, and Email)
By using our messaging services, you agree to act in accordance with our terms including the following:
- Lawful Use: You can use our SMS services for lawful purposes only, following this agreement.
- No Harm: Don’t use SMS services in any way that could harm our services or our company.
- Business Use: You can use SMS services for any business or commercial purposes.
Prohibited Activities
When using SMS services, please avoid the following:
- No Spam: Don’t send unauthorized ads, spam, or unsolicited marketing messages. This includes complying with anti-spam laws like the CAN SPAM Act.
- TCPA Rules: Be aware of and follow the Telephone Consumer Protection Act (TCPA) rules, which generally require consent for certain telemarketing calls and messages, especially to wireless numbers.
- Opt-Out Information: Include clear opt-out/unsubscribe info in your messages as required by law. Follow best practices for consumer messaging.
- No Cannabis-Related SMS: Messages related to cannabis or CBD are not allowed in the United States due to federal laws.
- TCPA Compliance: Understand that TCPA violations can result in fines, so ensure you have proper consent for marketing text messages.
4.2 Pricing and Billing
– Your subscription includes a set number of monthly credits. You’ll be billed for additional credits if you exceed this limit.
– Unused credits don’t roll over to the next month.
– Refer to our pricing tables for details on message types and overage costs.
– You’re responsible for A2P-10DLC fees as part of your monthly billing.
We’re here to help ensure your SMS activities are compliant and successful. If you have questions or need clarification, please get in touch with us.
A2P Compliance + Carrier Fees
A2P-10DLC compliance is a requirement for all commercial messaging services as of 2022. LeadAR utilizes Twilio to register businesses to stay in compliance with A2P-10DLC. Below is a breakdown of A2P-10DLC fees
Registration Fees
– Campaign Vetting Registration Fee – $15 (One-Time)
– US A2P Low Volume Standard Brand Registration Fee – $4 (One-Time)
– US A2P Standard Brand Registration Fee – $44 (One-Time)
**Required for any customer that expects to send more than 5,000 SMS in one day
Monthly Campaign Registration Fees
– Low Volume Mixed Use – $1.50 Per Month
– Standard – $10 Per Month
**Required for any customer that expects to send more than 5,000 SMS in one day
Twilio fees
SMS and MMS messages are charged according to segments as defined by Twilio. A single message billing is determined by a combination of characters, spacing, emojis and links. To assess the potential charge for any campaign, you can use this calculator provided by Twilio: https://twiliodeved.github.io/message-segment-calculator/
Carrier Fees
Carrier fees are set by the carriers and apply to all A2P registered traffic. Visit this link from Twilio to see the most updated pricing of carrier fees.
https://support.twilio.com/hc/en-us/articles/1260803965530-What-pricing-and-fees-are-associated-with-the-A2P-10DLC-service-
4.2 Policy for AI Content Tools, Premium Workflow Actions, Workflow AI & Reviews AI
- AI Tools: You may use our AI tools to assist with content generation, image generation or to automate reviews to your website. AI tools do come with an additional charge which is available under your Billing section. You are responsible for those fees once your balance credit goes to $0 for the billing period.
- Premium Webhooks: You may use premium webhooks to call various services into LeadAR. Use of these webhooks comes with an additional charge which is available under your Billing section. You are responsible for those fees once your balance credit goes to $0 for the billing period.
5. Onboarding Policy & Specifications
Onboarding Fees
All new accounts require onboarding with a fee of $399 based on the Onboarding Process described below. Multi-location businesses who choose to create a unique LeadAR account for each location may qualify for a reduction in onboarding fees beyond the first location.
Onboarding Process
The onboarding process is a step-by-step process that LeadAR recommends completing within the first 30 days of subscription. However, this is completely dependent on the customer’s ability to complete onboarding tasks and attend onboarding meetings in a timely manner. Once subscribed, LeadAR will handle your A2P10DC registration and fees and sync your Aesthetic Record account. You will also be granted access to Essential8, our 8-part virtual onboarding program and 8 live calls with your LeadAR Client Success Coach.
Onboarding Restrictions
Onboarding onto LeadAR consists of many things, but the list below details the activities not included as part of your onboarding fee:
– Data migration from other systems including CRMs, EMRs and other tools. Should you require Data Migration, a separate project scope and fee will be determined.
– Custom integrations with EMRs and other platforms not included in your plan. The system is sold “as is” without any guarantees of additional integrations.
– Custom pipeline development not part of LeadAR’s system
If you are moving from another Go High Level account that will provide the links for you to move workflows, websites, campaigns, etc. into LeadAR, our team will instruct you on how to add those items into your LeadAR account via those links.
6. Terms and Conditions of Subscription
Purchasing Process
When you choose to subscribe to LeadAR, you are required to select a plan, provide specific information about you as a user, add a credit card and confirm the sale. By doing so, you are agreeing to our Terms of Service, and you are adding a card on file to satisfy future recurring subscription payments. LeadAR accepts this payment method as the primary payment going forward. In the event you would like to change your payment method, you must update under the Company Billing section.
Payment Issues
If at any point the payment method on file is no longer viable, we will make every attempt to reach out to you in order to add a new payment method. However, if the account is in default for more than 3 business days, we reserve the right to suspend the account, and if payment is not collected within 30 business days, the account can be deleted. At this point, any information would not be recoverable.
Account Administrator
At the time of purchase, you are required to submit your name and email as the primary account holder. Unless this information is changed by the user, LeadAR designates the person who created the account as the primary administrator. Should this need to change, you must change it within your Company Profile.
Retention of usage rights
You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.
7. Contract Duration
Subscriptions
Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Automatic renewal
Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Software. The renewed subscription will last for an indefinite period of time until you cancel.
Termination
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company by emailing info@myleadar.com or cancelling within the software where applicable. This request must be received prior to the billing cycle in order to avoid the recurring payment. In the event the termination is not received in time, a refund will not be granted for the automatic payment.
8. Intellectual Property Rights.
Ownership of Intellectual Property
We own or license everything housed in LeadAR, like content, features, and functions. This information is protected by laws. You can’t claim any rights to it, except as we say in this agreement.
License to Use the Services
While you use our services, we give you permission to use and access our information for business or commercial use. But you can’t use it for anything else, and this permission ends when you stop using our services or when we end this agreement.
Certain Restrictions
Here are some rules you need to follow:
- No Copying or Sharing: Don’t copy, share, or distribute our intellectual property unless we say you can or when our features allow it.
- No Changes: Don’t change, translate, or impugn our intellectual property in any way.
- No Selling or Sharing: You can’t sell, share, rent, or host our intellectual property
- Keep Notices: Don’t remove any copyright or trademark notices from our system or information
- No Competition: You can’t use our intellectual property to make a similar or competitive product.
- No Collecting Data: : Don’t use our intellectual property to create a database or collection of our stuff or other data.
Trademark Notice
We own trademarks, logos, and marks you see in our services. You can’t use them without getting permission from the Company.
9. User Content.
Our services might have interactive features where users can post, share, or transmit content (we call it “User Content”). You’re responsible for what you post, so think carefully about it. Your User Content should follow our rules, which are listed below. Please note that anything you post is not private or owned by you, and you take all risks associated with it.
Your License to Us
When you post User Content, you give us permission to use it in connection with our services and business. This means we can share, display, and modify your User Content as needed to show to others in your intended audience. You also confirm that you have the right to do this, and you won’t make any claims against us for using your content.
9.1 Content Standards
Your User Content must follow these rules:
- No Breaking the Law: Don’t post content that breaks any laws or contracts, including intellectual property and privacy laws.
- No Promoting Harm: Don’t promote illegal activities, harm to others, or any actions that could cause harm, loss, or damage to people or property.
- Respect Others’ Rights: Don’t infringe on others’ intellectual property rights, like copyrights or trademarks.
- No Offensive Material: Don’t post content that’s offensive, abusive, violent, or hateful. This includes anything that could upset, embarrass, or harm others.
- No Explicit or Discriminatory Content: Don’t share sexually explicit, pornographic, violent, or discriminatory material. Avoid promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- No Fraud or Impersonation: Don’t post false or misleading information, or impersonate someone else. Be truthful and honest in your posts.
- No False Endorsements: Don’t imply that our company or others endorse your content if that’s not the case.
Right to Monitor and Enforce
We have the right to:
1. Take action if we believe your User Content breaks our rules or laws. This might include reporting you to the authorities.
2. Remove or reject your User Content for any reason.
3. Share your User Content, identity, or communications as required by law or to protect us or others.
4. Suspend or terminate your access to the Services for any reason, including rule violations.
We don’t check User Content before it’s posted, so we can’t guarantee immediate removal of questionable content. We’re not responsible for what others post, and we have no liability for our actions or inaction.
9.2 Copyright Infringement (Digital Millennium Copyright Act Policy).
The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- a description of the copyrighted work that you allege has been infringed;
- a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
- a description of where the material that you claim is infringing is located;
- your contact information, including your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Designated copyright agent for the Company:
NAME: Sarah Denham
ADDRESS: Sarah.Denham@aestheticrecord.com
10. Account Transfer
Account transfer to another Go High Level CRM is possible. Because LeadAR is HIPAA compliant, we strongly encourage you to ensure any destination transfer is also HIPAA compliant. In the event it is not, LeadAR will be unable to complete any transfer of patient related information on your behalf. In the event you choose to move your HIPAA protected data, we assume no responsibility once the information has left our system. Account transfers for any eligible information will only be approved once the following has been removed from your account:
– All proprietary LeadAR workflows added during onboarding and throughout your time as a customer
— All LeadAR content templates provided to you throughout your time as a customer
– Any custom integrations resulting from your subscription to LeadAR (i.e. Aesthetic Record)
In the event you cancel your LeadAR subscription, you will be required to transfer data to any external systems prior to the termination date. LeadAR is not responsible for exporting your data under the provisions of your subscription. Should you require assistance with an export, a separate contract and scope of work can be provided.
11. Assumption of Risk.
The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.
12. Privacy.
For information about how the Company collects, uses, and shares your information, please review our Privacy Policy). You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.
13. Termination.
Termination of Services
We can stop your access to the Services at any time, for any reason, without telling you beforehand if you break our rules. If we do this, you won’t be able to use the Services anymore. We won’t be responsible to you for stopping your access, including deleting your content. If you have an account, you can also end this agreement by telling us.
Termination and This Agreement
When this agreement ends, some parts of it will still apply. This includes things like who owns what, disclaimers, and limits on our responsibility. Ending your access to the Services won’t get rid of any obligations you had before or limit any liability you might have to us or others. We will also delete your content from our systems upon termination.
14. No Warranty.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
15. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
16. Indemnification.
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Company 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 assist and cooperate with our defense or settlement of these claims.
17. Disputes.
Governing Law.
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any conflict of law principles.
Dispute Resolution.
Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.
At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the governing jurisdiction. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.
All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN [ONE (1) YEAR] AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
18. Miscellaneous.
Waiver
The Company not using a right or power in this agreement doesn’t mean we’re giving up that right or power. Using a right or power once doesn’t mean we won’t use it again.
Severability
If a court decides that one part of this agreement isn’t valid or can’t be enforced, it won’t affect the rest of the agreement or that part in other places.
Entire Agreement
This agreement, along with all the documents it mentions, is the only agreement between you and the Company about what it covers. It replaces any other agreements, both written and spoken, about the same things.
Headings
The headings or titles in this agreement are just for convenience. They don’t change what the agreement means.
No Agency, Partnership, or Joint Venture
This agreement doesn’t create an agency, partnership, or joint venture between you and the Company. You can’t represent or bind the Company in any way.
Assignment
You can’t transfer your rights or responsibilities in this agreement without the Company’s written agreement. If you do, it won’t count. The Company can transfer its rights and responsibilities anytime. But, there are limits on your ability to do the same.
Export Laws
The Services might be controlled by U.S. export laws. You have to follow these laws and not send materials from the Services to foreign countries or foreign nationals if it’s against those laws.
19. Contact Information for Any Reporting
All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content). All other feedback, comments, requests for information should be sent to info@myleadar.com
Any information related to unauthorized use or a potential security breach should be report immediately to info@myleadar.com
