Overview
This Terms of Use Agreement (the "Agreement") defines the terms
and conditions associated with My Lead Capture Pages, the Materials, and the membership
requirements for gaining access to both.
YOU EXPRESSLY MAY NOT COPY CONTENT OF ANY KIND OR AMOUNT FROM THIS WEBSITE OR SYSTEM AND USE IT ON ANY OTHER DOMAIN OR WEBSITE UNTIL YOU HAVE OBTAINED THE EXPRESS WRITTEN APPROVAL OF OME AND My Lead Capture Pages FOLLOWING A REVIEW OF AND COMPLIANCE APPROVAL OF THE ENTIRE WEBSITE ON WHICH THE CONTENT IS PROPOSED FOR USE. OTHER TERMS AND CONDITIONS THAT APPLY APPEAR HEREIN.
1. Definition of Paid Subscription
In order to utilize the My Lead Capture Pages system, You must first become a My Lead Capture Pages member ("Member"). This Agreement is made by and
between My Lead Capture Pages Inc. and Oneida Marketing Enterprises LLC and You ("You" or "Member") as a Member in
My Lead Capture Pages. You wish to participate in My Lead Capture Pages and to use the Materials.
Once subscribed You are granted the rights and privileges described herein.
In order to become and remain a Member of My Lead Capture Pages, You must agree
to abide by all of the terms and conditions contained in this Agreement.
You must carefully read this Agreement and agree to all the terms and
conditions herein before registering for My Lead Capture Pages.
2. My Lead Capture Pages Membership and Materials: Permitted Uses and Privileges
In consideration of Your compliance with the terms and conditions of
this Agreement, My Lead Capture Pages agrees to extend You membership in
My Lead Capture Pages. Membership in My Lead Capture Pages and use of the Materials constitutes
Your implicit agreement with the terms and conditions of this Agreement.
Membership in My Lead Capture Pages and use of the Materials provided by My Lead Capture Pages may be used for lawful purposes only, and only for those general
purposes for which My Lead Capture Pages was designed, as described in the Overview
herein. You are granted the right to download Materials from My Lead Capture Pages
website for your personal, individual use to promote your business
opportunity as described previously herein. While Your membership is in
full force, you may visit My Lead Capture Pages website and use the Materials as
many times as you wish. You may save and continue to use any such downloaded
and non-modified Materials for your personal, individual use to promote
your business opportunity.
You are NOT granted the right in fact You are EXPRESSLY PROHIBITED from
transferring at no cost or selling at any price any downloaded and non-modified,
modified or derivative Materials to a third party, nor may you use any
downloaded and non-modified, modified or derivative Materials for any
purpose other than your own personal, individual use to promote your business opportunity.
You shall not use My Lead Capture Pages or the Materials to distribute, publish
or otherwise promote any opportunity which is libelous, defamatory, obscene,
pornographic, abusive, or which otherwise violates any law. As My Lead Capture Pages does not and cannot review every possible use for which you have
downloaded My Lead Capture Pages Materials, You shall remain solely responsible
and fully legally liable for the use of My Lead Capture Pages Materials and the
content of Your messages.
Transmission or storage of any information, data or material in violation
of any United States Federal, State or City law is prohibited. This includes,
but is not limited to, illegal use of copyrighted Material, use of Material
to promote activities legally judged to be threatening or obscene, or
violation of any trade secret statute, or any other usage that constitutes
violation of any other statute.
You shall not rent, sell, lease or otherwise transfer your My Lead Capture Pages
membership or any of the Materials to a third party for Your benefit or
theirs, and You certify that will not utilize either your My Lead Capture Pages
membership or the Materials in a manner that violates the applicable laws
of Your jurisdiction.
You understand that participation in My Lead Capture Pages may involve establishing
contractual arrangements with third parties. You understand that membership
in My Lead Capture Pages and use of the Materials is not appropriate for certain
individuals employed or otherwise retained by governmental agencies to
promote those entities. As such, You certify that You do not work for,
and/or do not constitute, a governmental agency or body or any other entity
that would cause You to have a conflict of interests with regards to your
membership in My Lead Capture Pages or your use of the Materials. If so, You agree
not to seek membership in My Lead Capture Pages. If You become a Member and subsequently
learn that such a conflict of interests exists, then You agree to notify
My Lead Capture Pages and to immediately terminate Your membership.
My Lead Capture Pages reserves the right, at its sole discretion, to change,
modify, add or remove portions of My Lead Capture Pages rules of membership at any
time. My Lead Capture Pages reserves the right, at its sole discretion, to
change, modify, add or remove portions of the Materials at any time. Notification
of the changes in My Lead Capture Pages or the Materials will be posted on My Lead Capture Pages
website, or sent via Email, or both.
My Lead Capture Pages may change, suspend or discontinue any aspect of My Lead Capture Pages
or the Materials at any time, including the availability of any Materials,
database or content. My Lead Capture Pages may also impose limits on certain
features and services or restrict Your access to parts or all of My Lead Capture Pages
or the Materials without notice.
Your continued membership in My Lead Capture Pages usage and the Materials now,
or following the posting of any notice of changes in these operating rules,
constitutes Your binding acceptance of such rules, changes or modifications.
Your right to continued membership in My Lead Capture Pages and to use of the Materials
is subject to any limits My Lead Capture Pages may in its sole discretion
establish.
3. Registration for My Lead Capture Pages Membership, Site Name, Password and Security
To become a My Lead Capture Pages member so You can gain access to the Materials,
You must first register.
When prompted by the Enrollment Form on the My Lead Capture Pages website You
agree to provide My Lead Capture Pages with current, complete, and accurate
information about Yourself. You shall not knowingly provide inaccurate
information with the intent to create a false identity. You also agree
not to provide any false or misleading information anywhere else during
the registration process or anywhere else on My Lead Capture Pages 's website
or associated websites. This includes, but is not limited to, providing
a false e-mail address in the FROM: field on outgoing Emails.
You agree that My Lead Capture Pages may rely on any data, notice, instruction
or request furnished to My Lead Capture Pages by You which is reasonably
believed by My Lead Capture Pages to be genuine and to have been sent or
presented by You or by a person reasonably believed by My Lead Capture Pages
to be authorized to act on Your behalf.
As part of the membership registration process You will be directed to
choose a Site Name and Password that is unique to You. You are entirely
responsible for maintaining the confidentiality of Your Site Name and
Password. Furthermore, You are entirely responsible for usage of and any
and all activities that occur under or in association with Your My Lead Capture Pages
account, including use of Your account by a third party authorized by
You to use Your account.
You agree to notify My Lead Capture Pages immediately of any unauthorized
use of Your account or any other breach of security that comes to your
attention. You shall immediately notify My Lead Capture Pages by clicking here to email the Corporate Office
of any known or suspected unauthorized uses of Your My Lead Capture Pages account,
or any known or suspected breach of security, including loss, theft or
unauthorized disclosure of Your password. Any fraudulent, abusive or otherwise
illegal activity may be grounds for termination by My Lead Capture Pages
and referral to the appropriate law enforcement agencies.
You acknowledge and agree that You will promptly notify My Lead Capture Pages
if You are or become aware of any other My Lead Capture Pages Member who, in Your
good faith opinion, has, is or is intending to take unfair advantage of
My Lead Capture Pages or the Materials provided by My Lead Capture Pages .
4. Member Conduct
My Lead Capture Pages retains the right, in its sole discretion, to determine
whether or not a Member's conduct is consistent with the letter and spirit
of this Agreement and may terminate My Lead Capture Pages membership if a Member's
conduct is found to be inconsistent with the Agreement. Any unauthorized
use of Your My Lead Capture Pages membership, or the resale of the Materials, is
expressly prohibited. You agree to abide by all applicable local, state,
national and international laws and regulations and You are solely responsible
for all acts or omissions that occur under Your account or password, including
the content of Your transmissions through My Lead Capture Pages.
By way of example, and not as a limitation, You agree not to use Your
membership in My Lead Capture Pages or the Materials to:
a) promote chain letters, junk email, pyramid schemes, money games, spamming
or any duplicative or unsolicited messages (commercial or otherwise);
b) harvest or otherwise collect information about others, including Email
addresses, without their consent;
c) create a false identity or forged email, or otherwise attempt to mislead
others as to the identity of the sender or the origin of the message;
d) transmit unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature;
e) transmit any material that may infringe the intellectual property rights
or other rights of third parties, including trademark, copyright or right
of publicity;
f) libel, defame or slander any person, or infringe upon any person's
privacy rights;
g) transmit any material that contains viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious programs;
h) violate any U.S. law regarding the transmission of technical data or
software exported from the United States;
i) interfere with or disrupt networks connected to My Lead Capture Pages or violate
the regulations, policies or procedures of such networks;
j) attempt to gain unauthorized access to My Lead Capture Pages, to the Materials,
to other accounts, to computer systems or networks connected to My Lead Capture Pages,
through password mining or any other means;
k) interfere with another Member's use and enjoyment of My Lead Capture Pages and
its Materials, or another entity's use and enjoyment of similar services;
l) engage to in any other activity that My Lead Capture Pages believes could
subject it to criminal liability or civil penalty or judgment.
5. Forbidden Content
My Lead Capture Pages does not advocate and will not abide any My Lead Capture Pages
Member that uses Materials for the promotion ANY opportunity which advocates,
encourages, endorses, or makes possible any form of, pornography, hate
crimes, gambling, pyramid schemes or any type of business opportunity
that is unethical, illegal or outside the realm of legitimate business
opportunity. Members are prohibited using My Lead Capture Pages or its Materials
to transmit any material or promote any opportunity that is in My Lead Capture Pages 's sole discretion, unlawful, obscene, threatening, abusive, libelous,
or hateful, or that encourages conduct which would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local,
state, national or international law.
My Lead Capture Pages reserves the right in its sole judgment to ban ANY
Member that uses My Lead Capture Pages or its Materials to promote such a business
opportunity. Should My Lead Capture Pages discover that You are using My Lead Capture Pages
or its Materials to promote programs of this type in any form, this will
constitute grounds for immediate suspension or termination of Your membership.
6. Email and Other Communication with Members
By virtue of your membership in My Lead Capture Pages you voluntarily, specifically
and categorically "opt-in" to a list of Members maintained by My Lead Capture Pages to whom My Lead Capture Pages may contact via Email, fax, phone,
or conventional mail as described herein.
My Lead Capture Pages reserves the authority and you grant My Lead Capture Pages
the expressed right to send You at reasonably timed intervals and in reasonable
quantities via Email and/or other communications methods information for
the purposes of informing You of changes or additions to My Lead Capture Pages,
the Materials, or any other products, services and offers that are generally
related and applicable to My Lead Capture Pages concept as defined in the Overview
section herein.
You agree to receive all such Email messages from My Lead Capture Pages
as a condition of My Lead Capture Pages membership. These transmissions include,
but are not limited to, My Lead Capture Pages Newsletter, My Lead Capture Pages updates, and
new product information.
7. Fee Structure, Payments and Billing
My Lead Capture Pages is a paid subscription service program. My Lead Capture Pages is maintained by My Lead Capture Pages Inc. for the exclusive use of its independent sales representatives. There is a fee charged for access to My Lead Capture Pages and to the Materials as described herein. There is a monthly billing cycle for participation in My Lead Capture Pages. You may join My Lead Capture Pages at any time, terminate your My Lead Capture Pages membership according to the provisions provided for herein, and may rejoin (subject to re-approval) as many times as you wish if your membership has been discontinued for any reason.
8. Membership Structure
My Lead Capture Pages reserves the right to change the membership structure,
including but not limited to the imposition of additional membership fees
in exchange for joining My Lead Capture Pages and/or access to the Materials, at
any time without advance notification. In the event that My Lead Capture Pages
so elects, each Member shall be notified by Email and a membership structure
change notice shall be posted at an appropriate location on My Lead Capture Pages
website. Should such notice be given, Members shall have the opportunity
to voluntarily terminate membership if they are unwilling and/or unable
to comply with the new membership structure.
9. Term of Service
There is no term of service. Membership is continuous from the time a
Member joins until or if the Member notifies My Lead Capture Pages in writing
of cancellation of membership (see Cancellation below), or in the event
the Member's Independent Representative Contract with My Lead Capture Pages
is terminated for any reason. My Lead Capture Pages reserves the right to
impose a term of service at any time without advance notification. In
the event that My Lead Capture Pages so elects, each Member shall be notified
by Email and a term of service change notice shall be posted at an appropriate
location on My Lead Capture Pages website. Should such notice be given, Members
shall have the opportunity to voluntarily terminate membership if they
are unwilling and/or unable to comply with the new term of service structure.
10. Cancellation
You may cancel Your membership in My Lead Capture Pages at any time by sending advance
written notification to My Lead Capture Pages . Accepted forms of written
notification are: Email Click Here to Email your member cancellation to My Lead Capture Pages , a fax to (928) 543-3279, or standard letter via USPS to: My Lead Capture Pages , PO Box 99,
Three Lakes, WI 54562.
Your Site Name and Password must be included in the cancellation request.
Cancellation will take effect only when the receipt of the cancellation
request is confirmed by My Lead Capture Pages .
Membership cancellation by verbal notification will not be accepted under
any circumstances.
Once written notification in one of the approved forms is received and
accepted by My Lead Capture Pages You will receive notification via Email
of account cancellation. Following confirmed cancellation, Your access
to My Lead Capture Pages Materials will immediately cease with notification of cancellation.
Until that time You continue to be responsible for all actions up to the
time that Your My Lead Capture Pages account is deactivated, and you continue to
be fully bound by the terms and conditions in this Agreement.
Once Member de-activation has occurred You agree that My Lead Capture Pages
has the right to delete all data, files or other information that may
stored in Your Member account. You should export any data files owned
by you and stored in My Lead Capture Pages prior to requesting termination, and
the responsibility for doing so lies solely with YOU. My Lead Capture Pages
cannot and will not be responsible for Members that fail to preserve data,
files or other information that may stored in Your Member account as provided
for herein.
11. Termination
My Lead Capture Pages may, in its sole discretion, terminate or suspend
Your access to all or part of My Lead Capture Pages or to the Materials for any
reason, including without limitation, breach of this Agreement, breach
of your Independent Representative Agreement, or unauthorized assignment
of this Agreement by You.
Upon termination, You shall no longer be entitled to use of My Lead Capture Pages
website or the Materials, and the license granted to You hereunder shall
terminate and You shall immediately return or destroy all Proprietary
Information, if any, but the terms of this Agreement will otherwise remain
in effect.
12. Submission of Ideas and Other Information
My Lead Capture Pages welcomes specific comments regarding My Lead Capture Pages and
the Materials. My Lead Capture Pages will consider adding to the library
of My Lead Capture Pages Materials any ideas, tools, materials or technology You
voluntarily choose to give My Lead Capture Pages . You must be legally able
to transfer such ideas and materials and be prepared to certify the same
if requested by My Lead Capture Pages .
If You send us creative suggestions, ideas, notes, drawings, concepts
or other information (collectively "Ideas"), then by submitting any
Ideas to My Lead Capture Pages you automatically grant to My Lead Capture Pages
a royalty-free, perpetual, irrevocable, non-exclusive right and license
to use, reproduce, sell, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Ideas (in whole or part)
worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed for the full term of any rights
that may exist in such Ideas. Whether My Lead Capture Pages ever uses the
Ideas or not in My Lead Capture Pages, the Ideas shall be deemed, and shall thereafter
remain, the property of My Lead Capture Pages .
None of the Information shall be subject to any obligation of confidentiality
on the part of My Lead Capture Pages as defined herein. My Lead Capture Pages
shall not be liable or owe You any compensation for any voluntary disclosure
of Ideas or their subsequent use by My Lead Capture Pages .
13. Proprietary Information
You acknowledge that, in the course of using My Lead Capture Pages You are obtaining
information relating to My Lead Capture Pages , to My Lead Capture Pages and/or to the
Materials (collectively "Proprietary Information"). Such Proprietary
Information is the exclusive property of and shall belong solely to My Lead Capture Pages and includes, but is not limited to, the features and modes of
operation of My Lead Capture Pages, the Materials themselves, and the underlying
concept of providing marketing tools, technology and knowledge to individuals
in established businesses both in the traditional/offline and internet/online
arenas in a variety of industries and applications including traditional
marketing and sales, direct marketing, network marketing, and multi-level
marketing for the purpose of building their opportunities (collectively
"My Lead Capture Pages Concept").
In regard to all Proprietary Information You agree not to use the Proprietary
Information for your own benefit or the benefit of a third-party, or to
otherwise disclose to anyone any of the Proprietary Information without
the prior written consent of My Lead Capture Pages , except for those uses
that are expressly authorized by this Agreement and that are expressly
described in Permitted Uses above, or unless such Proprietary Information
becomes part of the public domain without breach of this Agreement by
You.
14. Use of Proprietary Materials
Subject to the terms and conditions of this Agreement, My Lead Capture Pages
grants You an individual, personal, non-sub-licensable, non-exclusive
and non-transferable license ("License") to use its proprietary My Lead Capture Pages
Materials, in end-user form only, generally but not limited to Adobe Acrobat
.PDF files, and then only in accordance with the specific instructions
and approved uses as describer herein, and only in conjunction with this
Agreement.
Other than for the uses expressly permitted by this Agreement You agree
and certify that You will not, directly or indirectly, attempt to reverse
engineer, decompile, disassemble or otherwise attempt to discover the
source code or underlying ideas or algorithms of the Materials; modify,
translate, or create derivative works based on the Materials; or copy
(except for archival purposes), rent, lease, distribute, assign, or otherwise
transfer rights to the Materials; use the Materials for timesharing or
service bureau purposes or otherwise for the benefit of a third party;
or remove any proprietary notices or labels that may come with the Materials.
You acknowledge that My Lead Capture Pages and its licensors, if any, retain
ownership of all concepts and Materials associated with My Lead Capture Pages Concept,
and any portions or copies thereof, and all rights therein.
15. Responsibility for Content
My Lead Capture Pages is responsible only for the Materials that are posted
on My Lead Capture Pages website for download by Members.
My Lead Capture Pages exercises no control whatsoever over the content,
information and data passing through the websites of its Members.
For the convenience of its Members, My Lead Capture Pages may provide Internet
links on the My Lead Capture Pages ands/or My Lead Capture Pages websites to the websites
of third parties. The inclusion, if any, of such links does not imply
an endorsement of any kind by My Lead Capture Pages for the linked sites,
for their content or for the entities that post and maintain them. In
addition, My Lead Capture Pages accepts no responsibility whatsoever for
the content which appears on such linked websites.
My Lead Capture Pages makes no representations whatsoever about any other
website to which You may gain access through your membership in My Lead Capture Pages.
When You access a non- My Lead Capture Pages website, you acknowledge that
it is with the full knowledge and understanding that it is totally independent
from My Lead Capture Pages , and that My Lead Capture Pages has no control over
the content on, features included, or performance of that website. You
further acknowledge that You use any such non- My Lead Capture Pages websites
at Your own and complete risk.
16. Non-Assignability of Agreement Responsibilities and Membership Privileges
Neither the rights nor the obligations arising under this Agreement are
assignable or transferable by You. Any such attempted assignment or transfer
shall be void and without effect.
My Lead Capture Pages accounts cannot be transferred or may not be used by anyone
other than the Member subscriber, or another user at his same physical
location that the Member has authorized to use the account. My Lead Capture Pages possesses the ability to track unauthorized usage of Member accounts
from third-party locations. Member accounts that have been transferred
to other parties, or show other activity in violation of this paragraph,
are subject to immediate cancellation.
You are expressly not permitted to allow others access to your My Lead Capture Pages
account or to the Material, nor are you permitted to make Your password
visible to others. You may not attempt to determine the password of another
My Lead Capture Pages Member.
17. Disclaimer of Warranties, Limitation of Liabilities, Indemnification
My Lead Capture Pages does NOT warrant that the My Lead Capture Pages website, the
Materials, and any related websites and/or services will be error free
or uninterrupted. My Lead Capture Pages is not be liable for the consequences,
if any, of any such interruptions or errors.
The My Lead Capture Pages website, the Materials, and all service associated with
My Lead Capture Pages are distributed on an "AS IS" basis and are subject
only to the warranty disclaimers and limitations found in this agreement,
if any, without any other warranties of any kind, either expressed or
implied. THE CONTENTS OF My Lead Capture Pages WEBSITE AND THE MATERIALS ARE PRESENTED
ON AN "AS IS" BASIS. NO WARRANTY OR REPRESENTATION OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR NON-INFRINGEMENT OR MERCHANTABILITY OR FITNESS FOR USE FOR A
PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONTENT ON THESE PAGES.
My Lead Capture Pages SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE My Lead Capture Pages
WEBPAGES OR THE MATERIALS. You agree that My Lead Capture Pages is the neutral
host of My Lead Capture Pages website and the neutral provider of the Materials
and has no control over and has absolutely no responsibility whatsoever
for or liability in relation to the business opportunities that My Lead Capture Pages and its Representatives represent as part of their collective
use of My Lead Capture Pages and/or the Materials.
Although My Lead Capture Pages provides some encryption and security layers
to protect certain personal information which is transmitted by Users,
You understand that Your uploads and transmissions may be intercepted
and used, and that all the risk associated therewith is solely Yours.
If you do not wish to assume this risk then you should not transmit personal
information via the My Lead Capture Pages and/or My Lead Capture Pages websites.
You agree to indemnify, defend, and hold harmless My Lead Capture Pages
and its partners, affiliates, officers, directors, employees and agents,
and other My Lead Capture Pages Members (collectively, " My Lead Capture Pages
Family") from and against any and all liability, claims, losses,
damages, injuries or expenses (including attorney's fees) directly or
indirectly arising from or relating to Your use of My Lead Capture Pages and/or
the Materials, and any dispute relating thereto.
My Lead Capture Pages cannot and will not be responsible for ANY losses,
damages or costs that You and/or Your business may suffer when using the
My Lead Capture Pages website, My Lead Capture Pages website, the Materials, and any
related websites and/or services. You expressly agree to indemnify and
hold harmless the My Lead Capture Pages Family from ANY claims resulting
from Your use of the My Lead Capture Pages website, the Materials, and any related
websites and/or services. You expressly agree that use of the My Lead Capture Pages
website, the Materials, and any related websites and/or services is at
Your complete and sole risk and You understand such risks are an inherent
part of business. You expressly agree that neither the My Lead Capture Pages
Family nor its partners, officers, service providers, affiliates, licensors,
employees and/or contractors shall have ANY liability for ANY damages,
if any, suffered by You, Your business or ANY other 3rd party associated
with you or not as a result of the use or misuse of the My Lead Capture Pages website,
the Materials, and any related websites and/or services.
18. Modification
My Lead Capture Pages reserves the right, at its sole discretion, to change,
modify, add or remove portions of this Agreement at any time. Notification
of the changes in My Lead Capture Pages or this Agreement will be posted on the
Web, or sent via e-mail, or postal mail.
Modifications may include, but are not limited to, changes in the scope
of the program, term of service fees, payment procedures, and My Lead Capture Pages
rules. If any modification is unacceptable to You, or If You are dissatisfied
with My Lead Capture Pages or with any of its terms, conditions, rules, policies,
guidelines, or the practices of My Lead Capture Pages in operating My Lead Capture Pages,
Your only recourse is to terminate this agreement by canceling Your membership.
Your continued participation in the program following the posting of any
change notice(s) or a new agreement on My Lead Capture Pages website will constitute
your implicit agreement with and binding acceptance of the change(s).
19. Force Majeure
My Lead Capture Pages shall not be liable hereunder by reason of any failure
or delay in the performance of its obligations hereunder on account of
strikes, shortages, riots, insurrection, fires, flood, storm, explosions,
acts of God, war, governmental action labor conditions, earthquakes or
any other cause which is beyond the reasonable control of My Lead Capture Pages .
20. Arbitration
Disputes relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or Your relationship with OME or any My Lead Capture Pages Members shall be submitted to confidential arbitration in Rhinelander, WI except that, to the extent You have in any manner violated or threatened to violate OME's intellectual property rights as defined herein, in which case OME may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin (and You consent to non-exclusive jurisdiction and venue in such courts) or any other local court of competent jurisdiction in the State of Wisconsin, County of Oneida. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
21. Miscellaneous
This Agreement shall be governed by the laws of the United States of America and the State of Wisconsin, and/or the State of Tennessee, as determined in OME's sole discretion, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. OME's failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of OME's right to subsequently enforce such provision or any other provision of this Agreement.
22. Copyrights and Trademarks
Unless otherwise indicated any and all content on the My Lead Capture Pages sites
including but not limited to text, graphics, logos, picture images, audio
files, video files, multi-media, music, sound, intellectual property and
software is the property of Oneida Marketing Enterprises and/or My Lead Capture Pages and is protected by U.S. and international copyright and trademark
laws. No part of the My Lead Capture Pages web site or related web sites may be
reproduced or transmitted in any form or by any means without the expressed
written permission of My Lead Capture Pages .
My Lead Capture Pages 's copyright notice (Copyright © 2006-12 by My Lead Capture Pages) appears to remind You that everything on
the My Lead Capture Pages websites is licensed by My Lead Capture Pages and protected
by copyright as a collective work or compilation (or both) with the exception
of works identified by someone else's copyright notice.
Oneida Marketing Enterprises LLC, OME, Holistic Entrepreneurism, Three Fatal Flaws, The Three Watchwords, www.oneidamarketing.com, www.i2msenterprise.com, My Lead Capture Pages, and all other extensions, are all trademarks of Oneida Marketing Enterprises and/or My Lead Capture Pages and are protected under United States trademark law. Products and company names mentioned
herein that are not owned by the Company may be trademarks or trade names
of their respective owners. Your access to the My Lead Capture Pages website does
not grant any license or right to use any marks appearing on the site
without the prior written consent of the Company or the third party owner
of that mark, product or trade name. Oneida Marketing Enterprises and
My Lead Capture Pages trademarks may not be used in any manner that suggests
they are not associated with Oneida Marketing Enterprises, My Lead Capture Pages
or My Lead Capture Pages. Any rights not expressly granted herein are reserved.
23. Entire Agreement
This Agreement constitutes the entire agreement between My Lead Capture Pages
and You pertaining to the subject matter hereof, and any and all written
or oral agreements heretofore existing between the parties hereto are
expressly cancelled. Any modifications of this Agreement must be in writing
and acknowledged by both parties hereto. Should any provision of this
agreement be held to be illegal, invalid, or unenforceable by a court
law, the legality, validity and enforceability of the remaining provisions
of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations, understandings
or agreements and shall prevail notwithstanding any variance with terms
and conditions of any order submitted. Your use of My Lead Capture Pages constitutes
your explicit acceptance of these Terms and Conditions.
24. Independent Investigation
You acknowledge that You have read this agreement and agree to all its
terms and conditions. You have independently evaluated the desirability
of participating in the program and are not relying on any representation,
guarantee, or statement other than as set forth in this Agreement. By
becoming a member of My Lead Capture Pages and using the Materials You indicate
Your acceptance of this agreement and its terms and conditions.
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