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Terms of Use

Welcome to the web-LEAD Web site (the "Site"). web-LEAD is a product of MarketSense, LLC, a division of Tritech Marketing, Inc. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.

1. Software Available Through This Web Site

Any software accessible through this Site is the copyrighted work of MarketSense and/or its suppliers. Use of the Software is limited to authorized users participating in a lead management outsourcing program provided by MarketSense.

2. Use of Web Site Information

You may download, view, copy and print data, documents and graphics incorporated in the Site if they are used solely for personal, informational, non-commercial purposes. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the prior written authorization of MarketSense.

3. Use of Communication

By emailing, posting, publishing or otherwise transmitting any content through web-LEAD, you automatically grant (or warrant that the owner of such rights has expressly granted) MarketSense a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now know or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

4. Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify MarketSense immediately of any unauthorized use of your password(s).

MarketSense is concerned about the security of the business and personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

5. Termination of Use

You agree that MarketSense may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by MarketSense.

6. Links to Third Party Web Sites

The Site provides links to other Web sites which are not under the control of MarketSense. These links are provided as a convenience, and the inclusion of any link does not imply endorsement by MarketSense of these sites. You agree that MarketSense is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that MarketSense is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

7. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARKETSENSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MARKETSENSE MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MARKETSENSE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

MARKETSENSE RESERVES THE RIGHT TO MAKE IMPROVEMENTS, CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

8. Limitation of Liability

IN NO EVENT SHALL MARKETSENSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity

You agree to defend, indemnify and hold harmless MarketSense, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

10. Privacy Policy

MarketSense is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.web-lead.com/policy.aspx

11 Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Illinois. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Cook or DuPage County, Illinois. You and MarketSense agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

12. Copyright/Trademark Information

Copyright © 2001, MarketSense, LLC. All rights reserved.

web-LEAD is a trademark of MarketSense, LLC.

Other names appearing on the Site may be trademarks of their respective owners.

13. Contact Information

If you have any questions regarding these Terms of Use or any other aspect of the Site, please contact us at info@web-LEAD.com.