Terms & Conditions

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities": means collectively any online facilities, tools, services or information that Leadby makes available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically use of the Leadby proprietary e-learning platform;

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": Means Our place(s) of business located at 1077 N Willow Ave Ste 105 PMB 949 Clovis CA 93611;

"System": means any online communications infrastructure that Leadby makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Website and is not employed by Leadby Ltd and acting in the course of their employment;

"Website": means the website that you are currently using (leadby.getlearnworlds.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means Leadby, a company located at 1077 N Willow Ave Ste 105 PMB 949 Clovis Ca 93611.

By accessing or using the service you agree to be bound by the terms and conditions of this agreement. If any of these terms are unacceptable to you or in the event that any future changes are unacceptable to you, do not use the service. Your continued use of the service now or following the posting of any changes in this agreement, will indicate acceptance and agreement by you of such changes. You represent that you have the legal authority to enter into this agreement and to be bound by its terms. If you are acting on behalf of a company or entity, you represent that you have the authority to bind such entity. The use of any services provided by us through the Site (the “Services”). This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. Your use of the Site and/or any of our Services following any such notice will signify and constitute your assent to and acceptance of such revised Privacy Policy. Unless otherwise defined in this Privacy Policy, capitalized terms used herein have the same meanings as in our Terms of Service.

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Leadby, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5.1 You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Service.
5.2 By submitting, posting or displaying User Content, you give us a worldwide, perpetual, fully-sublicensable, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit any User Content which you submit or post on or through the Service in any manner or media whatsoever, now known or hereafter developed.
5.3 By participating in any public forums made available in connection with the Service (including, without limitation, e-courses, conference calls, webinars, online interactive offerings, etc.,), you give us a right to: (i) record your voice by all means of recording technology (the results of which shall be deemed the “Recordings”); (ii) edit any such Recordings (in our sole discretion); and (iii) use such Recordings along with your name, photographs, and likenesses, in connection with the Service and our general business purposes, and all ancillary and subsidiary uses thereof, and all advertising and publicity therefor, and to exploit the Recordings and the public forum features and the Service in any and all manner and media now known or hereafter devised, throughout the world, in perpetuity.
5.4 You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback you provide to us in any way.
5.5 While Leadby appreciates your interest, we ask that you never submit an idea, suggestion, or information that you consider to be confidential and/or proprie
5.6 You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf.
5.7 Without limitation of the foregoing, in connection with User Content you submit, post or display via the Service, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such User Content in the manner contemplated by the Service and this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant us all of the license rights granted herein.
5.8 You understand that we may (i) transmit or distribute your User Content over various public networks and in various media; and (ii) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.
5.9 You represent and warrant to us that you have all the rights, capacity, power and authority necessary to grant all of the above licenses.

6.1 You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.
6.2 .All Leadby brands are trademarks of Leadby and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of Leadby or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names and company names and logos displayed on the Site are the property of their respective owners.
6.3 Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the Site, please provide written notice to our designated agent for notice of claims of copyright infringement at 1077 N Willow Ave Ste 105 PMB 949 Clove, CA 93611 or by emailing info@leadby.co.
6.4 Your written notice must:
contain your physical or electronic signature;
identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material;
contain adequate information by which we can contact you;
contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
contain a statement that the information in the written notice is accurate.

9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Leadby or Our affiliates; and
9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".

9.2 You acknowledge that Leadby reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that Leadby may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10.1 You agree that (i) you will use the Service solely for your own, non-commercial, personal use in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by us on the Service, (ii) all information supplied by you to us will be true, accurate, current and complete, (iii) you may receive electronic communications (e.g., e-mail notices) from us from time to time, and (iv) you will review the latest version of this Agreement posted on the Service from time to time to check for amendments that may apply to you. We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability. You may not record, copy, distribute or otherwise transmit any live offerings (such as Live Online Classes or live one-on-one sessions).
10.2 You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
10.3 You are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
10.4 We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
10.5 If you provide a mobile or residential phone number at the time you create an Account, you warrant and represent to us that you are either the account owner of any mobile or residential phone numbers you provide to the Company, or you have the express permission of the account holder to provide such numbers (“Provided Numbers”). You expressly consent that we may call any Provided Number or text any Provided Number with account, marketing and advertising messages made using an automatic telephone dialing system. You also understand that consent to receive calls and text messages is not a requirement for your use of the Site. You may revoke your consent at any time.
10.6 You will not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties;
10.7 You will not use the Service for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
10.8 You will not permit or otherwise enable unauthorized users to access and/or use the Service;
10.9 You will not use the Service to export software or data in violation of applicable U.S. laws or regulations;
10.10 You will not sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
10.11 You will not remove any copyright, trademark, patent or other proprietary notices from the Service;
10.12 You will not distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;
10.13 You will not frame or utilize framing techniques to enclose the Service, or any portion thereof;
10.14 You will not exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
10.15 You will not register as a user of the Service by providing false, inaccurate, or misleading information;
10.16 You will not post hyperlinks to commercial services or Sites;
10.17 You will not impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;
10.18 You will not collect personal data about other users of the Service for commercial or any other purposes;
10.19 You will not post irrelevant Content (as defined in Section 6 below), repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
10.20 You will not attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);
10.21 You will not make available Content (as defined in Section 6 below) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing; and
10.22 You will not create or attempt to create multiple user accounts.

11.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

13.1 The purpose of the Site is to enable you to learn about leadership development and Leadby, submit your comments, purchase Products and to sign up to receive additional information about Leadby and products and services that may be of interest to you. Provided you comply with these Terms, our Privacy Policy, and our Terms and Conditions of Sale policy (collectively, the “Policies”), we grant you a limited, non-exclusive, nontransferable, non-sublicensable license to access and use the Site to for this Purpose. In order to access certain portions of the Site, you may need to first create an account (“Account”). When you create an Account, we will collect certain information from you, which may include your payment information. To learn how we collect, store, use and share your information, please read our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. We cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password. You must be 18 years or older to register for an Account and make purchases. You may never use another person’s Account without permission. We reserve the right to terminate your Account, cancel any order, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details, or any files or other Content which is contained in your account. You acknowledge and agree that while we may not currently have set a fixed upper limit on the amount of storage space used for the provision of the Service, or the duration of time that we will store any information on your behalf, such fixed upper limits or temporal limits may be set by us at any time, in our sole discretion.
13.2 All purchases of products and/or services via the Service are governed by the Terms and Conditions of Sale available at https://leadby.getlearnworlds.com/, which are hereby incorporated by reference into this Agreement.

We take pride in our Products and try to be accurate in our descriptions. However, we do not warrant that our Product descriptions are 100% accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition for a full refund (to the extent that such Product is eligible for a refund [i.e., sales for live interactive offerings are final]). Except where noted otherwise, the price displayed for Products is the full retail price. It does not include any applicable sales or other taxes that we may be required to collect.

15.1 We hereby give you a personal, worldwide, non-assignable and non-exclusive right to access and use the Service in the manner and for the purposes expressly permitted by the Agreement. We also hereby grant you a limited, revocable, and non-exclusive right to create a hyperlink to the Site or subdomains thereof so long as the link does not portray us, our affiliates, or products or services provided by us or our affiliates in a false, misleading, derogatory, or otherwise offensive manner in our sole judgment. You may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service and any such attempt shall be null and void at the time of such attempt.
15.2 We reserve all right, title and interest in and to the Service not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.

15.3 Whilst every effort has been made to ensure that all general descriptions of Services available from Leadby correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
15.4 Where appropriate, you may be required to select the required Plan of Services.
15.5 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
15.6 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
15.7 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

16.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Leadby and you.
16.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

16.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
16.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
16.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
16.6 Leadby shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
16.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
16.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
16.9 Leadby provides technical support via our online support forum and/or phone. Leadby makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting your user account on the Service and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.

A. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such User Content originated. All such information is referred to as “User Content”.

B. You acknowledge that User Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the persons and/or entities that provide that User Content to us (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this User Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that User Content, in writing.

C. We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content.

D. You understand that by using the Service you may be exposed to User Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.

E. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

21.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
21.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
21.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
21.4 Whilst We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
21.5 To the fullest extent permitted by law, in no event shall we, our affiliates, or any of their directors, members, managers, officers, employees, agents or third party licensors, be liable for any special, indirect, incidental, consequential, punitive or exemplary damages or losses arising out of or relating to this agreement and/or the service provided hereunder or any other interactions with us, even if we have been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability or any other basis or legal theory. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the use or misuse of, or reliance upon, the service provided hereunder; (ii) the inability to use the service for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of god, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the service; or (iv) the deletion and/or corruption of any data, information, documents, files and/or any other materials stored on a server owned or under our control or in any way connected to the service. such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time with or without notice. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.

The service is provided to you on an “as is” and “as available” basis, without warranty or representation of any kind. to the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, including without limitation, any warranty of merchantability, title, non-infringement, quality, and/or fitness for a particular purpose. without limiting the foregoing, we do not warrant the accuracy, reliability or completeness of any information provided by us in connection with your use of the service, or that the service, including, without limitation, any data, files, and/or other information stored on a server owned or under our control or in any way connected with the service, will meet your requirements or be available, uninterrupted, error-free, virus-free or secure. some jurisdictions do not allow the exclusion of certain disclaimers or limitations of warranties, so the above exclusion may not apply to you. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any loss or damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty not expressly stated in the agreement.

24.1 The Website is provided “as is” and on an “as available” basis. Leadby uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
24.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

25.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
25.2 Nothing in these Terms and Conditions excludes or restricts .
25.3 Nothing in these Terms and Conditions excludes or restricts Leadby's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
25.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

You agree to release, indemnify and hold harmless us, our affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to (i) your use or misuse of, or reliance upon, the Service, (ii) your violation of this Agreement or rights of another, (iii) the Recordings, and/or (iv) any User Content you make available through the Service. For the avoidance of doubt, this section shall survive the termination of this Agreement.

You agree that by using the site, content, any service or any products you are waiving the right to a court or jury trial or to participation in a class action. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class, representative or collective proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

You agree that any and all claims and disputes arising from or relating in any way to the subject matter of these terms, you use of the service, or your and our dealings with one another shall be finally settled and resolved through binding individual arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the commercial arbitration rules and the supplementary procedures for consumer related disputes of the American Arbitration Association, as modified by this section for any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you and we must abide by the following rules:(a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules and the hearing (if any) must take place in Fresno, California. The arbitrator’s ruling is binding and may be entered as a judgement in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. You understand and agree that by agreeing to resolve any dispute through individual arbitration, you are each waiving the right to a court or jury trial. Any dispute shall be arbitrated on an individual basis, and not as a class action, representative action, class arbitration or any similar proceeding. the arbitrator may not consolidate the claims of multiple parties.

any cause of action or claim you may have arisen out of or relating in any way to these terms of use, your use of the service, any products, or your and our dealings with one another must be commenced in arbitration within two (2) years after the cause of action accrues. After that two (2)-year period, such cause of action or claim is permanently barred. some jurisdictions do not allow time limitations other than those set forth in such state’s statute of limitations laws. in such cases, the applicable statute of limitations provided for under the laws of such state shall apply.

You agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. Notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable you agree that you shall not seek to, and waive any right to, arbitrate class or collective claims. if the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Fresno county, California as appropriate, and you agree to submit to the personal jurisdiction of the court for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these terms. this arbitration agreement will survive termination of your use of the service and your relationship with us. this arbitration agreement involves interstate commerce and, therefore, shall be governed by the federal arbitration act, 9 u.s.c. §§ 1-16 (“FAA”), and not by state law. information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.

if you wish to opt-out of the agreement to arbitrate, within 45 days of when you first use the service or submit through the service a request for information, you must send us a letter stating “request to opt-out of agreement to arbitrate” at the following address:

1077 N Willow Ave STE 105 PMB 949

Clovis, CA 93611

info@leadby.co

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in the State of California , located in Fresno County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws.

This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. No vendor, distributor, dealer, retailer, agent, salesperson, or other person is authorized by us to modify this agreement or to make any warranty, representation, or promise that is different than or in addition to the warranties, representations, or promises expressly set forth in this agreement.

Terms and Conditions

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1. Definitions and Interpretation

2. Age Restrictions

3. Business Customers

4. Intellectual Property

5. Rights you grant to us

6. Intellectual Property

7. Links to Other Websites

8. Links to this Website

9. Use of Communications Facilities

10. Acceptable Use Policy

10. Accounts

12. Termination and Cancellation of Accounts

13. Services, Pricing and Availability

14. Products

15. Access to the Service; Reservation of Rights.

16. Orders and Provision of Services

17. Term and Termination

18. Privacy

19. User Content

20. How We Use Your Personal Information (Data Protection)

21. Disclaimers

22. Changes to the Facilities and these Terms and Conditions

23. No Warranties

24. Availability of the Website

25. Limitation of Liability

26. No Waiver

27. Previous Terms and Conditions

28. Third Party Rights

29. Severability

30. No Assignment, Sublicense or Transfer

31. Communications

32. Release and Indemnification

33. California Waiver

34. Governing Law and Venue for Disputes

35. Entire Agreement