Date of Posting: October 1st, 2020
This Subscription Agreement (this “Agreement”) applies to your (“You” or “Your”) subscription and use of the LeadMeNot website and application, services, and software (collectively, the “Platform”). The Platform is owned by CJ2 Solutions, LLC (“CJ2 Solutions,” or “We” ). By purchasing a subscription to use the Platform, You hereby consent to the terms of this Agreement. This Agreement exists in addition to the LeadMeNot Privacy Policy and the LeadMeNot Terms & Conditions, which You must also accept, and which are incorporated herein by reference.
You acknowledge that Your use of the Platform is at our discretion, and Your license to use the Platform may be terminated by us at any time. We reserve the right, in our sole discretion, to refuse service, modify service, or terminate and delete any user’s account and any data associated with that account.
Installing the Application
To use the Platform, You must install the LeadMeNot application (the “App”) on any computers or mobile devices from which You wish to collect data. YOU REPRESENT AND WARRANT THAT YOU WILL INSTALL APP ONLY ON COMPUTERS OR DEVICES OWNED BY YOU OR YOUR MINOR CHILD. YOU FURTHER REPRESENT AND WARRANT THAT IF YOU INSTALL THE APP ON COMPUTERS OR DEVICES FOR WHICH YOU SHARE OWNERSHIP WITH ANOTHER ADULT, YOU WILL OBTAIN THE CONSENT OF THE OTHER OWNERS PRIOR TO INSTALLATION.
Activating and Using the Platform
To utilize the Platform beyond the expiration of any free trial period, You must register for and maintain a subscription (“Subscription”) to the Platform. Upon activation, the App will begin to collect data (as described below) from any computers or devices on which the App associated with Your Subscription has been installed. For the avoidance of doubt, all of the policies contained in this Subscription Agreement apply to use of the Platform during any trial period until the expiration of such a trial period.
You may identify trusted third parties (“Accountability Partners”) with whom You would like to share certain data collected through the App. We retain pseudonymized data for only as long as necessary to fulfill the purposes for which it was collected.
What Data is Collected
The data collected by the Platform varies depending upon what operating system is installed on the relevant computer or mobile device. Depending upon the operating system, the data collected includes, but is not limited to, the titles of websites visited, email subjects and senders/receivers, application usage logs, file logs, geolocation information, call logs, text logs, application content, and data, directory paths, and the dates and times these various events occurred.
All attempts to disable and/or uninstall the App are recorded by the App and will be reported to Accountability Partners via email or SMS Text Message. When the App’s monitoring service is turned off and/or when the App is uninstalled, it will not collect data from the relevant device(s).
Please refer to the LeadMeNot Privacy Policy for a complete description of the data collected through the Platform.
Expiration of Subscription and Data Collection
UPON EXPIRATION OF YOUR SUBSCRIPTION, THE APP WILL NOT CONTINUE TO COLLECT DATA AS USUAL. However, neither You nor Your Accountability Partners will be able to access the data collected through the duration of any previously expired subscription unless You renew such an expired subscription. We retain data only as long as necessary to fulfill the purposes for which it was collected.
Use of the Platform
We grant You a limited, nonexclusive, and revocable license to make personal and non-commercial use of the Platform. You agree to use the Platform only for lawful purposes and in accordance with the terms and conditions contained herein as well as those contained in the LeadMeNot Terms and Conditions and the LeadMeNot Privacy Policy. Without limiting the foregoing, You specifically agree that You shall not:
(a) install LeadMeNot software on any computer or mobile device You do not own or for which You share ownership with another adult without obtaining the other owner’s consent;
(b) use the Platform in any manner that is harassing, abusive, threatening, an invasion of privacy, stalking, or in violation of any law;
(c) access, download, or copy any other user’s account information;
(d) bypass any technical measures used to prevent or restrict access to any portion of the Platform;
(e) violate or attempt to violate the security of the Platform;
(f) interfere with or attempt to interfere with the proper working of the Platform;
(g) engage in any unauthorized use of content or materials provided through the Platform which, unless otherwise noted, is owned by CJ2 Solutions;
(h) make commercial use of the Platform, or modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell any aspect of the Platform or any of the content provided through the Platform;
(i) use any data mining, robots, or similar automated data gathering and extraction tools to access the Platform; or
(j) reverse engineer, decompile or disassemble the Platform, or convert into human-readable form any of the contents of the Platform not intended to be so read.
You further agree and warrant that all information You provide to us directly and/or through the Platform, including, but not limited to, any contact information and other registration information, is truthful and accurate. You are responsible for all activities that occur under Your account. Do not disclose Your account password to others, and notify us immediately of any unauthorized use of Your account. We are not responsible for any loss or other injury that You may incur as a result of someone else using Your user account or password, either with or without Your knowledge. By creating an account with us, You consent to receive communications from us electronically via the email address associated with Your account. We reserve the right to send You informational email messages about Your account or administrative notices regarding the Platform, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). You agree that any and all communications sent to You electronically via the email address associated with Your account satisfy any legal requirement that such communications be in writing.
Subscription Policies
Upon activation of Your Subscription to the Platform, You will enter an initial free trial period during which You will not incur fees in connection with Your Subscription. If You cancel Your Subscription during the free trial period, You will not be billed.
If You do not cancel Your Subscription by the end of Your free trial period, Your credit card will automatically be charged for one month of service for the plan You selected when registering for Your Subscription to the Platform. These charges will automatically be applied to Your account and charged to the credit card associated with Your account on a monthly basis until You cancel Your Subscription. Upon cancellation, Your ability to access Subscription services will terminate on the date Your next payment would have otherwise become due.
Intellectual Property Rights
Unless otherwise noted, all content included on the Platform, including, but not limited to, images, photographs, text, and other material, is the property of CJ2 Solutions or its suppliers, licensors, partners, or affiliates and is protected by the United States and international copyright and/or trademark laws. All of the content on the Platform and the compilation of the content is either the property of CJ2 Solutions or is used by CJ2 Solutions with the permission of its owners.
You agree that You will not take any actions inconsistent with our ownership of, or any third party’s ownership of, the copyrights, trademarks, and trade dress used on the Platform.
Disclaimer of Warranties and Limitation of Liability
THE PLATFORM, ITS CONTENT, AND ANY ASSOCIATED SERVICES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED WITH THE PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT OR GUARANTEE THAT ANY COMPONENT OF THE PLATFORM IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF THE PLATFORM, NOR THAT ALL COMMUNICATIONS WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS CONNECTED WITH YOUR USE OF THE PLATFORM. YOU AGREE THAT IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY SERVICES OFFERED IN CONNECTION WITH THE PLATFORM IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST CJ2 SOLUTIONS WITH RESPECT TO THIS AGREEMENT OR THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND ANY SERVICES OFFERED IN CONNECTION WITH THE PLATFORM AND REIMBURSEMENT OF YOUR MOST RECENT MONTH’S SUBSCRIPTION FEE, IF ANY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify, defend and hold harmless CJ2 Solutions and its subsidiaries, agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claim, demand, damages, cost, and expenses, including reasonable attorneys’ fees, arising from or related to Your use of the Platform and the services provided in connection with the Platform, or Your breach of any provision of this Agreement.
Resolution of Disputes
The laws of the State of New York will govern this Agreement and any dispute of any sort that may arise between CJ2 Solutions and any Subscription holders. Regardless of where You access the Platform, You agree that any action arising out of Your use of the Platform must be brought in the state or federal courts serving New York, and You hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. By using the Platform, You consent to resolve any such claims individually and without resorting to a class action.
Severability
If any part of this Agreement is determined to be invalid or unenforceable for any reason, the remainder of this Agreement shall be enforced to the extent possible. Failure to enforce this Agreement does not constitute a waiver of CJ2 Solution’s rights under this Agreement.
Changes to this Agreement and the Platform
We reserve the right, at our sole discretion, to change, modify, add or delete portions of this Agreement or the Platform at any time. We will notify You of any material changes by posting a notice on the account login screen and distributing a notice in an email to Subscription holders. After such notification, Your continued use of the Platform demonstrates Your acceptance of any revised terms or conditions. If You do not agree to any revisions to this Agreement, You may not continue using the Platform and You may request a refund of Your most recent Subscription fee if any.