BY USING BLITZLEADMANGER.COM'S ONLINE SERVICE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF BLITZLEADMANGER.COM'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
As part of the Service, BlitzLeadManager.com will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the BlitzLeadManager.com website incorporated by reference herein, including but not limited to BlitzLeadManager.com's privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
License Grant & Restrictions
BlitzLeadManager.com hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by BlitzLeadManager.com and its licensors.
You may not access the Service if you are a direct competitor of BlitzLeadManager.com, except with BlitzLeadManager.com's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify BlitzLeadManager.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to BlitzLeadManager.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another BlitzLeadManager.com user or provide false identity information to gain access to or use the Service.
Account Information and Data
BlitzLeadManager.com does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not BlitzLeadManager.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and BlitzLeadManager.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), BlitzLeadManager.com will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. BlitzLeadManager.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and BlitzLeadManager.com shall have no obligation to maintain or forward any Customer Data.
Intellectual Property Ownership
BlitzLeadManager.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the BlitzLeadManager.com Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the BlitzLeadManager.com Technology or the Intellectual Property Rights owned by BlitzLeadManager.com. The BlitzLeadManager.com name, the BlitzLeadManager.com logo, and the product names associated with the Service are trademarks of BlitzLeadManager.com or third parties, and no right or license is granted to use them.
Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made in advance unless otherwise mutually agreed upon. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You must provide BlitzLeadManager.com with valid credit card or approved purchase order information as a condition to signing up for the Service. BlitzLeadManager.com reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
Excess Data Storage Fees
The maximum disk storage space provided to you at no additional charge is 20 MB per license. If your account is in good standing, you can increase your per license maximum disk storage in accordance with the then-current disk storage fees and requirements. BlitzLeadManager.com reserves the right to establish or modify its general practices and limits relating to storage of Customer Data.
Emails The maximum number of external emails sent from the system, at no additional charge, is limited to 150 per license per month for Professional and Enterprise editions. External emails are defined as emails sent to valid email addresses directly associated with leads in your account. The monthly limit is reset on the first day of each month. Any unused email credits shall not accrue and will not be available for use in subsequent months. If your account is in good standing, you can increase your per user email allowance in accordance with the then-current email fees and requirements. BlitzLeadManager.com makes no guarantee of email deliverability for any emails sent using the service. You are responsible for the content of all emails sent from your account and must follow all applicable local, state, national, and international laws and regulations, including without limitation the CAN-SPAM Act of 2003. You may not use the email service to transmit, distribute or deliver any unsolicited bulk or commercial email through the service. You agree that all emails sent, or caused to be sent, to or through the service are 100% opt-in; do not contain invalid or non-existent domain names; do not use any deceptive technique to obscure, misrepresent or hide any information regarding the origin of the email or its transmission path; do not use deceptive addressing; do not use a third party's domain name without permission of the third party; do not contain false or misleading content in the subject or in any part of the message. You shall not send, transmit, handle, distribute, any email through the service that: (a) violates the usage standards of any entity, including without limitation any ISP or User Group (b) is vulgar, indecent, or obscene; (c) is threatening, abusive, harassing, or defamatory; (d) infringes on a third parties privacy or intellectual property right(s); (e) is fraudulent, deceptive, or misleading; Your email sending shall not result in Internet Service Providers bounce results in excess of the service's limits. The service limits the proportion of emails that are reported by ISP and email providers that are: (a) reported as SPAM by the recipient (b) permanently undeliverable (c) email addresses that do not exist (d) temporarily bad or undeliverable. The limits and proportion calculations are subject to change based on the service and ISP best practices a policies. If BlitzLeadManager.com believes that any email provision has been breached, it may, without notice, take any action it deems appropriate, included but not limited to: restricting the usage of the email service, suspending your account, or imposing fees to use another email service. BlitzLeadManager.com reserves the right to establish or modify its general practices and limits relating to email usage.
Customers may interact with their Blitz account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Blitz Lead Manager, is bound by the terms of this agreement plus the following specific terms: You expressly understand and agree that Blitz Lead Manager 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 Blitz Lead Manager 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. Abuse or excessively frequent requests to Blitz Lead Manager via the API may result in the temporary or permanent suspension of your account's access to the API. Blitz Lead Manager, in its sole discretion, will determine abuse or excessive usage of the API. Blitz Lead Manager will make a reasonable attempt via email to warn the account owner prior to suspension. Blitz Lead Manager 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. Blitz Lead Manager also reserves the right to change the functionality available in the API
Billing and Renewal
BlitzLeadManager.com charges and collects in advance for use of the Service. BlitzLeadManager.com will automatically renew and bill your credit card on the subsequent anniversary date of your account or as otherwise mutually agreed upon. The renewal charge will be equal to the payment period licensing rate in effect during the prior term, unless BlitzLeadManager.com has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. BlitzLeadManager.com's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
You agree to provide BlitzLeadManager.com with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, BlitzLeadManager.com reserves the right to terminate your access to the Service in addition to any other legal remedies.
Unless BlitzLeadManager.com in its discretion determines otherwise: entities will be billed in U.S. dollars and be subject to U.S. payment terms and pricing schemes.
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Non-Payment and Suspension
In addition to any other rights granted to BlitzLeadManager.com herein, BlitzLeadManager.com reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for continued licensing during any period of suspension. If you or BlitzLeadManager.com initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that BlitzLeadManager.com may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
BlitzLeadManager.com reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that BlitzLeadManager.com has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
Termination upon Expiration/Reduction in Number of Licenses
This Agreement commences on the Effective Date. The term is indefinite and may be terminated at any time in BlitzLeadManager.com's sole discretion unless a timeframe has been mutually agreed upon in an order form. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at BlitzLeadManager.com's then current fees. Either party may terminate this Agreement or reduce the licensing, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the expiration of the then current License Term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of your breach), BlitzLeadManager.com will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that BlitzLeadManager.com has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
Termination for Cause
Any breach of your payment obligations or unauthorized use of the BlitzLeadManager.com Technology or Service will be deemed a material breach of this Agreement. BlitzLeadManager.com, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, BlitzLeadManager.com may terminate a free account at any time in its sole discretion. You agree and acknowledge that BlitzLeadManager.com has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. BlitzLeadManager.com represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the BlitzLeadManager.com documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
You shall indemnify and hold BlitzLeadManager.com, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that BlitzLeadManager.com (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release BlitzLeadManager.com of all liability and such settlement does not affect BlitzLeadManager.com's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
BlitzLeadManager.com shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by BlitzLeadManager.com of its representations or warranties; or (iii) a claim arising from breach of this Agreement by BlitzLeadManager.com; provided that you (a) promptly give written notice of the claim to BlitzLeadManager.com; (b) give BlitzLeadManager.com sole control of the defense and settlement of the claim (provided that BlitzLeadManager.com may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to BlitzLeadManager.com all available information and assistance; and (d) have not compromised or settled such claim. BlitzLeadManager.com shall have no indemnification obligation, and you shall indemnify BlitzLeadManager.com pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
Disclaimer of Warranties
BlitzLeadManager.com AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. BlitzLeadManager.com AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BlitzLeadManager.com AND ITS LICENSORS.
BlitzLeadManager.com'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BlitzLeadManager.com IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
BlitzLeadManager.com and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate body for such purposes.
BlitzLeadManager.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in BlitzLeadManager.com's account information, or by written communication sent by first class mail or pre-paid post to your address on record in BlitzLeadManager.com's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to BlitzLeadManager.com (such notice shall be deemed given when received by BlitzLeadManager.com) at any time by any of the following: letter sent by confirmed facsimile to BlitzLeadManager.com at the following fax numbers (whichever is appropriate): (419) 843-2907; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to BlitzLeadManager.com at the following address: BlitzLeadManager.com, 7110 W. Central Ave, Suite 160, Toledo, OH 43617 addressed to the attention of: Chief Financial Officer.
Modification to Terms
BlitzLeadManager.com reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. We may also notify you at the time of signing into the application that terms have changed.
Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of BlitzLeadManager.com but may be assigned without your consent by BlitzLeadManager.com to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of BlitzLeadManager.com directly or indirectly owning or controlling 50% or more of you shall entitle BlitzLeadManager.com to terminate this Agreement for cause immediately upon written notice.
With respect to U.S. Customers, this Agreement shall be governed by Ohio law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Toledo, Ohio. With respect to Non-U.S. Customers, this Agreement shall be governed by the laws of the United States, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of the United States. Unless otherwise provided by BlitzLeadManager.com in its discretion. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and BlitzLeadManager.com as a result of this agreement or use of the Service. The failure of BlitzLeadManager.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BlitzLeadManager.com in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and BlitzLeadManager.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.