Terms Of Service
Last updated: March 18, 2021 at 1:15pm (ct)
Subscription Agreement Terms and Conditions
- We may revise these Terms or any additional terms and conditions that are relevant to a particular Leadbumps Service from time to time to reflect changes in the law or to the Leadbumps Services. We will post the revised terms on the Site with a “last updated” date. PLEASE REVIEW THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE LEADBUMPS SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we shall not be liable to you or to any third party for any modification of the Terms.
- It is expressly understood by Client and Company that the results of the efforts and activities of Company cannot be guaranteed; as such, the Company makes no representations or warranties of the success of said efforts and activities.
- Client agrees not to release any trade secrets or confidential information of any kind from Company to any other party, unless compelled by court order. Client expressly agrees that this condition shall survive termination of this Agreement.
- Company accepts no responsibility for policies of PPC Advertising Networks, third-party search engines, directories or other web sites (“Third-Party Resources”) that Company may submit to with respect to the classification or type of content it accepts, whether now or in the future. Client’s web site or content may be excluded or banned from any Third-Party Resource at any time. Client agrees not to hold Company responsible for any liability or actions taken by Third-Party Resources under this Agreement.
- Client acknowledges that the nature of many of the Resources Company may employ under this Agreement are competitive in nature. Company cannot and does not guarantee #1 position, consistent positioning, "top 10 positions" or specific placement for any particular keyword, phrase or search term. Client acknowledges that Company's past performance is not indicate of any future results.
- Company does not assume liability for the Client's choice to link to or obtain a link from any particular website without prior consultation.
- Client acknowledges that SEO and submission to search engines can take an indefinite amount of time for acceptance or inclusion. Advertising may be subject to the individual advertising network's policies and procedures. Each edit or change made to any resources employed by Company my increase inclusion times.
- Client acknowledges that any search engine, directory or other resource may block, prevent or otherwise stop accepting submissions for an indefinite period of time. The Company cannot be held responsible for any action or inaction by any third party.
- Client acknowledges that advertising networks or search engines may drop listings from its database for no apparent or predictable reason. Company shall re-submit resources to the search engine based on the current policies of the search engine in question and whether or not pay inclusion programs are being used.
- Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Company for inclusion on the website above are owned by the client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Company from any liability or suit arising from the use of such elements.
- This Agreement shall be governed and interpreted in accordance with the laws of the State of Wisconsin.
- Client and Company agree that any disputes that arise with regard to this Agreement shall be resolved my mediation, and, if the parties are unable to reach a resolution, binding arbitration.
- You agree to receive all communications, agreements, and notices that we provide in connection with any Leadbumps Services (“Communications”), including, but not limited to, Communications related to our delivery of the Leadbumps Services and your purchase of or subscription to the Leadbumps Services, via electronic means, including by e-mail, text, in-product notifications, or by posting them on the Site or through any Leadbumps Services. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current.
- Payment Terms
14.1 Subscription Plan. The prices, features, and options of the Leadbumps Services depend on the Subscription Plan selected as well as any changes instigated by Customer. Leadbumps does not represent or warrant that a particular Subscription Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without prior notice.
14.2 No Refunds. Customer will timely pay Leadbumps all fees associated with its Subscription Plan, Account, or use of the Leadbumps Services, including, but without limitation, by Authorized Users. CUSTOMER’S PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. Charges for pre-paid Subscription Plans will be billed to Customer in advance. Charges for Subscription Plans will be billed in arrears and renewed according to the information in this document unless otherwise specified in the Subscription Plan.
14.3 Recurring Charges. When you purchase a Subscription Plan, you must provide accurate and complete information for a valid payment method that you are authorized to use. You will be billed for your Subscription through the payment method you provide. Customer must promptly notify Leadbumps of any change in its invoicing address and must update its Account with any changes related to its payment method. BY COMPLETING REGISTRATION FOR A SUBSCRIPTION PLAN, CUSTOMER AUTHORIZES LEADBUMPS OR ITS AGENT TO CHARGE ITS PAYMENT METHOD ON A RECURRING (E.G. MONTHLY OR YEARLY) BASIS (“AUTHORIZATION”) FOR: (a) THE APPLICABLE SUBSCRIPTION PLAN CHARGES; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGES INCURRED IN CONNECTION WITH CUSTOMER’S USE OF THE LEADBUMPS SERVICES. The Authorization continues through the applicable Subscription Term and any Renewal Term (as defined in Section 16, below) until Customer cancels as set forth in Section 16.3 of these Terms.
14.4 Late Fees & Collection Costs. If Leadbumps does not receive payment from Customer’s payment method, Customer agrees to pay all amounts due upon demand. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. Customer will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Leadbumps to collect any amount that is not paid when due. Leadbumps may accept payment in any amount without prejudice to Leadbumps’s right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to Leadbumps may not be withheld or offset by Customer for any reason against amounts due or asserted to be due from Leadbumps.
14.5 Invoices. Leadbumps will provide billing and usage information in a format we choose, which may change from time to time. Leadbumps reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. Customer agrees to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your invoice. If Customer does not bring such problems/discrepancies to our attention within thirty (30) days, it agrees to waive its right to dispute such problems or discrepancies.
14.6 Billing Cycles. Billing cycle end dates may change from time to time. Customer agrees that we may (at our option) accumulate charges incurred during a billing cycle and submit them as one or more aggregate charges during or at the end of a cycle, and that we may delay obtaining authorization or payment from Customer’s payment card issuer until submission of the accumulated charge(s).
14.7 Tax Responsibility. All payments required by these Terms are stated exclusive of all taxes, duties, levies, imposts, fines, or similar governmental assessments, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on Leadbumps’s net income (collectively, “Taxes”). Customer shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the Leadbumps Services. Where the responsibility to remit Taxes falls upon Leadbumps, the Taxes will be added to the payment and payable to Leadbumps at the same time as the payment. Taxes shall not be deducted from the payments to Leadbumps, except as required by law, in which case Customer shall increase the amount payable as necessary so that after making all required deductions and withholdings, Leadbumps receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. Customer hereby confirms that Leadbumps can rely on the name and address set forth in its registration for a Subscription Plan as being the place of supply for Tax purposes.
15.1 Data Generally. You shall be responsible for data that you provide or use in Leadbumps Services. You are solely responsible for determining the suitability of the Leadbumps Services for your business or organization and complying with any regulations, laws, or conventions applicable to the data you provide and your use of the Leadbumps Services and Site.
- Term. The period of effectiveness of these Terms (“Term”), with respect to Leadbumps Services, begins on the date the Customer accepts it and continues until the Customer’s Subscription Plan expires or its use of the Leadbumps Services ceases (including as a result of termination in accordance with this Section 16.3), whichever is later.
16.1 Subscription Term and Automatic Renewals. Leadbumps’s Subscription Plans for Conversion Optimized Websites, Website Maintenance, and SEO Optimization automatically renew for 12 month periods unless otherwise noted. Subscription plans for Facebook Advertising, Google Ads Advertising, Reputation Management, and Client Success Dashboard renew for 3 month terms unless otherwise noted. If you purchase a Subscription Plan you agree to pay the then-current applicable fee associated with the Subscription Plan and further agree and acknowledge that it will automatically renew, unless, prior to the end of the current period Leadbumps receives notice of cancellation described in Section 16.3.
16.2 We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your Subscription Plan. We may also recommend that you purchase a new Subscription Plan that is comparable to your previous Subscription Plan that is ending. Before we change the fees and charges in effect, or add new fees and charges, we will give you advance notice of at least thirty (30) days. If we provide you such advance notice, your continued use of the Leadbumps Services after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your Subscription Plan as described in Section 16.3. If you accept the new Subscription Plan, its terms and conditions with these Terms will apply in the Renewal Term and thereafter.
16.3 Termination by Customer. You may terminate your Account at any time upon thirty (30) days’ advance written notice to Leadbumps. If you wish to terminate, you must provide notice by contacting us here: (firstname.lastname@example.org). If a Customer terminates its annual Subscription Plan within the first thirty (30) days of the initial Subscription Term, it may submit a written request to Leadbumps for a refund of the fees paid to Leadbumps for the initial Subscription Term, which Leadbumps will consider, without obligation, in good faith. Leadbumps has no obligation to consider refund requests related to a termination of a Subscription Plan if the termination does not occur in the first thirty (30) days of the initial Subscription Term, or if there has been a violation of other Terms herein, or if records indicate substantial productive use took place during that period.
16.5 Default; Termination by Leadbumps. A Customer will be in default of these Terms if: (a) it fails to timely pay any amount owed to us; (b) it or an Authorized User associated with its Account breaches any provision of these Terms or violates any published policy applicable to the Leadbumps Services; (c) it is or becomes subject to any proceeding under the Bankruptcy Code or similar laws; or (d) if, in our sole discretion, we believe that continued use of the Leadbumps Services by the Customer (or its Authorized Users or signers) creates legal risk for Leadbumps or presents a threat to the security of the Leadbumps Services or Leadbumps’s customers. If a Customer is in default, we may, without notice: (i) suspend its Account and use of the Leadbumps Services; (ii) terminate its Account; (iii) charge reactivation fees in order to reactivate its Account; and (iv) pursue any other remedy available to us.
WARRANTIES AND DISCLAIMERS
- THE LEADBUMPS SERVICES, DOCUMENTATION, AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE LEADBUMPS SERVICES, DOCUMENTATION, AND SITE SHALL BE AT YOUR SOLE RISK. LEADBUMPS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“LEADBUMPS PARTIES”): (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE LEADBUMPS SERVICES, DOCUMENTATION, OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM USE OF THE LEADBUMPS SERVICES, DOCUMENTATION, OR SITE.
17.1 THE LEADBUMPS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT LEADBUMPS SERVICES, DOCUMENTATION, AND SITE HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE LEADBUMPS SERVICES, DOCUMENTATION, AND SITE CONTENT AND ASSUMES NO RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF LEADBUMPS SERVICES, DOCUMENTATION, AND SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY; (vi) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE; AND/OR (vii) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LEADBUMPS SERVICES, DOCUMENTATION, AND SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF LEADBUMPS TO ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY AND FOR THE MINIMUM WARRANTY PERIOD ALLOWED BY THE MANDATORY APPLICABLE LAW.
17.2 THE LEADBUMPS PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, AND THE LEADBUMPS PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
17.3 If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
- Disclaimer of Consequential Damages.
18.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, LEADBUMPS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
18.3 Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages in contracts with consumers and to the extent you are a consumer the limitations or exclusions in this Section 11.1 may not apply to you.
18.4 Cap on Damages. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO LEADBUMPS FOR THE LEADBUMPS SERVICE(S) GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
- Independent Allocations of Risk. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose.
- Assignability. You may not assign your rights or obligations under these Terms without Leadbumps’s prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. Leadbumps may freely assign its rights, duties, and obligations under these Terms.
- Notices. Except as otherwise permitted by these Terms, any notice required or permitted to be given in connection with the Leadbumps Services will be effective only if it is in writing and sent using: (a) Leadbumps Services; (b) by certified or registered mail; or (c) insured courier, to the appropriate party at the address set forth in Customer’s registration information or on the Site for Leadbumps, with a copy, in the case of Leadbumps, to legal@Leadbumps.com. Customer or Leadbumps may change its address for receipt of notice by notice to the other party in accordance with this Section 12. Notices are deemed given upon receipt if delivered using Leadbumps Services, two (2) business days following the date of mailing, or one (1) business day following delivery to a courier.
- Force Majeure. Except for any payment obligations, neither you nor Leadbumps will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
- The prices, features, and options of Leadbumps Signature depend on the Subscription Plan selected by Customer as well as any changes instigated by Customer. For example: (a) if Customer adds Facebook Advertising, Leadbumps will charge the applicable subscription amount for each additional Program. Leadbumps may change the prices for or alter the features and options in a particular Subscription Plan without notice.
Severability: Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.
Company's services are not the provision of legal advice. Client retains sole responsibility to determine whether any and all marketing concepts are in compliance with HIPPA privacy laws and state or federal regulations.