Simply Speaking, Inc. TERMS OF SERVICE
Last updated October 1, 2013

These Terms of Service comprise a legal agreement between You and Simply Speaking, Inc., and govern Your use of MyLeadGuru.com services.

BY SUBSCRIBING TO THE MyLeadGuru.com SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms, do not subscribe to or use MyLeadGuru.com services.

MyLeadGuru.com is made up of Web pages operated by Simply Speaking, Inc. and its affiliates, and of various products and services which are provided by Simply Speaking, Inc., its affiliates or third party service providers. These Web pages, products and services will be collectively referred to in these Terms of Service as "MyLeadGuru.com" or the "MyLeadGuru.com Network." "You" and "Your" means You, Your company, Your employees, and anyone who has access to use Your MyLeadGuru.com account. You must be at least eighteen (18) years of age to subscribe to and use any MyLeadGuru.com service.

The MyLeadGuru.com Network is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the MyLeadGuru.com Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. MyLeadGuru.com reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If MyLeadGuru.com makes a material change to the Terms of Service, MyLeadGuru.com will give You notice by email at the email address which You have provided for Your MyLeadGuru.com account thirty days before such change is scheduled to take effect. If You continue to use the MyLeadGuru.com Network after any such changes, Your continued use will constitute Your consent to such changes.

Any rights not expressly granted herein are reserved by MyLeadGuru.com. In addition Your registration information and other information about You is subject to our Privacy Statement located at http://www.MyLeadGuru.com/privacy/.

YOUR WARRANTIES

By subscribing to any service offered on the MyLeadGuru.com site, You make the following representations and warranties. MyLeadGuru.com shall have the right to terminate Your MyLeadGuru.com account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
 

  • You represent and warrant that You and all users of the MyLeadGuru.com Network approved by you are at least eighteen (18) years of age. You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the MyLeadGuru.com service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;

  • You will not use the MyLeadGuru.com Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);

  • All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process;

  • Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Personal Web Page are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Personal Web Page, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Personal Web Page. By using the MyLeadGuru.com Network, You agree that You will defend and indemnify MyLeadGuru.com and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

  • By using the MyLeadGuru.com Network, You agree that You will defend and indemnify MyLeadGuru.com and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF THE MyLeadGuru.com NETWORK

The MyLeadGuru.com Network is provided to assist You with the operation of Your speaking business. Your right to use the MyLeadGuru.com Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Personal Web Page and Your MyLeadGuru.com account. MyLeadGuru.com reserves the right, but is not obligated, to monitor or to review materials posted on Your Personal Web Page and to monitor Your compliance with these Terms of Service and the Additional Terms. MyLeadGuru.com reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
 

  • You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the MyLeadGuru.com Network, except as expressly provided herein.

  • You may not use a name in connection with operating Your MyLeadGuru.com Personal Web Page that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity.

  • You may not restrict or inhibit any other user from using and enjoying such user's rights in MyLeadGuru.com.

  • You may not interfere with or disrupt the MyLeadGuru.com Network or servers or any network connected to MyLeadGuru.com.

  • You may not use the MyLeadGuru.com Network or the products or services provided through or in connection with the MyLeadGuru.com Network to:

    • rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;

    • defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;

    • conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;
      harm minors in any way;

    • publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;

    • sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any MyLeadGuru.com services or Your Personal Web Page would cause MyLeadGuru.com to violate any law, statute or regulation; or any other illegal activity;

    • harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;

    • violate any applicable government laws or regulations.

    • You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the MyLeadGuru.com Network, or in any product, service or Software provided through the MyLeadGuru.com Network.

    The information provided by MyLeadGuru.com to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of MyLeadGuru.com with any third party.

    TERMS RELATED TO FEES AND BILLING

    Some products and services available through or in connection with MyLeadGuru.com require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your MyLeadGuru.com account by you or anyone else using Your account. MyLeadGuru.com reserves the right to modify the fees charged for MyLeadGuru.com products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after MyLeadGuru.com notifies You via email or otherwise of such modified fees.

    CHARGES ON YOUR BILLING ACCOUNT

    MyLeadGuru.com bills you through an online account (Your "Billing Account") for services and items obtained through the MyLeadGuru.com Network (the "Products"). You agree to pay MyLeadGuru.com all charges at the prices then in effect for any Products ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize MyLeadGuru.com to charge Your chosen payment method (Your "Payment Method") for such Products. You agree to make payment using that selected Payment Method.  MyLeadGuru.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

    YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS AND SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MyLeadGuru.com IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CALLING MyLeadGuru.com AT (512) 553-5868. IF YOU FAIL TO PROVIDE MyLeadGuru.com WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MyLeadGuru.com MAY CONTINUE CHARGING YOU FOR ANY PRODUCT OR SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT OR SERVICE (SEE OUR CANCELLATION POLICY).

    Currency exchange settlements will be based on Your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of Your chosen Payment Method (the "Payment Method Provider"). If MyLeadGuru.com does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand.

    Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are charged to Your Billing Account or Payment Method.

    If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and MyLeadGuru.com shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that MyLeadGuru.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

    MyLeadGuru.com MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MyLeadGuru.com REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT CUSTOMER SERVICE AT (512) 553-5868.

    Your non-termination or continued use of the Products on Your Billing Account reaffirms that MyLeadGuru.com is authorized to charge Your Payment Method. MyLeadGuru.com may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive MyLeadGuru.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.

    DUE DATE; LATE CHARGE; COLLECTION COSTS

    The amount due to MyLeadGuru.com for Your Billing Account must be paid in full by Your Payment Method Provider on the date such payment is requested by MyLeadGuru.com, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by MyLeadGuru.com on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. MyLeadGuru.com reserves the right to refer Your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of these Terms of Use and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.

    DEFAULT

    If MyLeadGuru.com does not receive payment for any charge to Your Billing Account, you will be in default and MyLeadGuru.com may suspend or cancel Your Billing Account and Your access to any or all MyLeadGuru.com Products and Services. If Your Payment Method Provider seeks return of payments previously made to MyLeadGuru.com, but MyLeadGuru.com in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and MyLeadGuru.com may cancel Your Billing Account and Your access to any or all Products and Services. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, MyLeadGuru.com MAY STOP DELIVERY OF ANY PRODUCT OR SERVICE, AND ANY INFORMATION YOU HAVE STORED ON A MyLeadGuru.com ACCOUNT MAY NOT BE RETRIEVED AT A LATER DATE.

    TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS

    MyLeadGuru.com may, in its discretion, terminate, cancel, or suspend an accepted order if MyLeadGuru.com is notified that Your Payment Method has expired or has been canceled, or if MyLeadGuru.com has reason to believe that any Billing Account information provided to MyLeadGuru.com is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or MyLeadGuru.com, will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before MyLeadGuru.com could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy page of the MyLeadGuru.com website expressly so provides.

    If You notify MyLeadGuru.com by phone at (512) 553-5868 or in writing that You are canceling one or more MyLeadGuru.com services or products, fees pre-paid by You to MyLeadGuru.com for MyLeadGuru.com products or services will be credited back to Your applicable credit card in accordance with the cancellation policy. MyLeadGuru.com is not required to refund directly to You any amounts paid hereunder.

    In the event that MyLeadGuru.com terminates Your MyLeadGuru.com account or one or more of Your MyLeadGuru.com services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.

    GENERAL

    You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in Your Billing Account.

    CANCELLATION POLICY

    You acknowledge that if You cancel any subscriptions to a MyLeadGuru.com service that You may not be entitled to a refund of all or part of amounts already paid by You for such MyLeadGuru.com subscription. You agree that (a) MyLeadGuru.com's cancellation policy will be posted on the MyLeadGuru.com Web site and may be changed from time to time by MyLeadGuru.com in its sole discretion and (b) the cancellation policy posted at the time you cancel Your subscription shall govern the amount of the refund (if any) due to you.

    MyLeadGuru.com's Cancellation policy is located at http://www.MyLeadGuru.com/cancellation/.

    CHANGES TO SERVICES, TERMINATION BY MyLeadGuru.com

    MyLeadGuru.com may change any of the MyLeadGuru.com services at any time and from time to time without notice, including terminating the offering of any MyLeadGuru.com service altogether.

    MyLeadGuru.com may terminate Your account, Your access to MyLeadGuru.com or any of Your MyLeadGuru.com services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your MyLeadGuru.com services or from using the MyLeadGuru.com Network or from receiving any products, services or benefits from MyLeadGuru.com, if MyLeadGuru.com determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if MyLeadGuru.com receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the MyLeadGuru.com Network and there will be no refund of any fees prepaid by You. If You subscribe to a MyLeadGuru.com service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) Your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the MyLeadGuru.com service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

    LINKS TO THIRD PARTY SITES

    Links within the MyLeadGuru.com Network may let You leave the MyLeadGuru.com Network. You acknowledge that the linked sites are not under the control of MyLeadGuru.com and that MyLeadGuru.com is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. MyLeadGuru.com is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by MyLeadGuru.com of the linked site or any association with their operators.

    LICENSE YOU GRANT TO MyLeadGuru.com

    MyLeadGuru.com does not claim ownership of the materials You provide to MyLeadGuru.com (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of MyLeadGuru.com or any Web Personal Web Page ("Your Personal Page") created by You or on Your behalf in connection with the use of MyLeadGuru.com (collectively "Submissions"). However, You grant MyLeadGuru.com a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of MyLeadGuru.com. You also grant MyLeadGuru.com the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to MyLeadGuru.com's or its sublicensee's use of the materials as licensed above. MyLeadGuru.com is under no obligation to post or use any materials You may provide, and may remove such materials at any time in MyLeadGuru.com's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the MyLeadGuru.com Network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant MyLeadGuru.com the license set forth above, and You will defend and indemnify MyLeadGuru.com and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

    You grant MyLeadGuru.com permission to use screen shots of any Web page that contains a link to MyLeadGuru.com or MyLeadGuru.com HTML code in MyLeadGuru.com promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

    SOFTWARE AVAILABLE ON THE MyLeadGuru.com NETWORK

    Software (if any) that is made available to download from or otherwise use through the MyLeadGuru.com Network, excluding software that may be made available by third parties via MyLeadGuru.com, ("Software") is the copyrighted work of MyLeadGuru.com and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Simply Speaking, Inc. hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular MyLeadGuru.com Web Site or MyLeadGuru.com service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by MyLeadGuru.com and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. You are responsible for ensuring the Software is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.

    LIMITATIONS OF LIABILITY AND DISCLAIMERS

    The information, software, products, services and other material included in or available through the MyLeadGuru.com Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the MyLeadGuru.com Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

    Your access to and use of the MyLeadGuru.com Network, and products and services of MyLeadGuru.com, is at Your own risk. MyLeadGuru.com makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the MyLeadGuru.com Network, or such products or services. Without limiting the foregoing, NEITHER MyLeadGuru.com NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN MyLeadGuru.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MyLeadGuru.com AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    IN NO EVENT SHALL MyLeadGuru.com OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION: DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MyLeadGuru.com OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE MyLeadGuru.com OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MyLeadGuru.com; OR OTHERWISE ARISING OUT OF THE USE OF MyLeadGuru.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MyLeadGuru.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MyLeadGuru.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MyLeadGuru.com NETWORK AND ITS RELATED SERVICES AND PRODUCTS.

    Without limiting the foregoing, MyLeadGuru.com is not responsible for any of Your data residing on MyLeadGuru.com and MyLeadGuru.com Network hardware or systems, including such hardware or systems provided to MyLeadGuru.com by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the MyLeadGuru.com or MyLeadGuru.com hardware or systems, including such hardware or systems provided to MyLeadGuru.com by third parties, whether or not such information is produced through the use of MyLeadGuru.com, including any information regarding the operation or use of Your Personal Web Page, and other information You are providing or using in connection with Your use of the MyLeadGuru.com Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. MyLeadGuru.com will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the MyLeadGuru.com Network, its services or products; (b) Your customers' use of Your Personal Web Page hosted by or created through MyLeadGuru.com and Your products and services; (c) use of the MyLeadGuru.com Network by any other party to whom You have given access to Your company information for use of the MyLeadGuru.com Network; (d) errors, bugs or other defects in the MyLeadGuru.com Network; (e) illegal or criminal activities, including but not limited to reliance on any information obtained on the MyLeadGuru.com Speaker Showcase service; or (f) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to MyLeadGuru.com's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Personal Web Page and other information You are providing or using in connection with Your use of the MyLeadGuru.com Network.

    MyLeadGuru.com is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your MyLeadGuru.com information, through the use of the MyLeadGuru.com Network.

    MyLeadGuru.com is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Personal Web Page or between You and any user of any products or services offered or provided by You or by a third party through the MyLeadGuru.com Network. MyLeadGuru.com is not responsible for screening, censoring or otherwise controlling Your Personal Web Page, or any listings or transactions offered or conducted via Your Personal Web Page. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Personal Web Page or through MyLeadGuru.com. MyLeadGuru.com is not acting as Your or any third party's agent in connection with the operation of MyLeadGuru.com. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because MyLeadGuru.com is not involved in any orders or other transactions between You and other users of MyLeadGuru.com, MyLeadGuru.com cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

    Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Personal Web Page or on any MyLeadGuru.com service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). MyLeadGuru.com is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. MyLeadGuru.com makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using MyLeadGuru.com.

    INDEMNITY

    You agree to defend, indemnify and hold MyLeadGuru.com and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with MyLeadGuru.com or Your use of MyLeadGuru.com.

    ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS

    MyLeadGuru.com reserves the right to deny in its sole discretion any user access to MyLeadGuru.com or any portion thereof without notice.

    You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the MyLeadGuru.com Network resulting from any third party using a password or user name issued to You. You agree to notify MyLeadGuru.com immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the MyLeadGuru.com Network known to or suspected by You. You may change Your password at any time by following instructions on the MyLeadGuru.com Web site.

    You hereby authorize MyLeadGuru.com to rely on any data, notice, instruction or request furnished by You to MyLeadGuru.com, or that MyLeadGuru.com reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. MyLeadGuru.com is not responsible for fraud of participants or of other users of Your account.

    YOUR CUSTOMER DATA

    MyLeadGuru.com will only use Your customer data in accordance with the privacy policy available at http://www.MyLeadGuru.com/privacy/.

    GENERAL

    These Terms of Service and the Additional Terms are governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, USA in all disputes arising out of or relating to the use of the MyLeadGuru.com Services or the MyLeadGuru.com Network. You agree not to represent yourself to be a representative, agent, or employee of MyLeadGuru.com and that MyLeadGuru.com will not be liable by reason of any representation, act or omission to act by you.

    You agree that no joint venture, partnership, employment, or agency relationship exists between You and MyLeadGuru.com as a result of these Terms or Service or use of MyLeadGuru.com.

    MyLeadGuru.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of MyLeadGuru.com's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the MyLeadGuru.com Network or information provided to or gathered by MyLeadGuru.com with respect to such use.

    If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

    Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and MyLeadGuru.com with respect to the MyLeadGuru.com Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MyLeadGuru.com with respect to the MyLeadGuru.com Network.

    A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. MyLeadGuru.com may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove Your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which You must have provided consent or engaged in conduct to obtain the applicable services or Products.

    The example companies, organizations, products, people and events depicted within MyLeadGuru.com are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

    MyLeadGuru.com is not obligated to monitor the content on MyLeadGuru.com. MyLeadGuru.com reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with MyLeadGuru.com's Privacy Statement located at http://www.MyLeadGuru.com/privacy/. MyLeadGuru.com reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the MyLeadGuru.com Web sites, in MyLeadGuru.com's sole discretion, without notice at any time.

    Any rights not expressly granted herein are reserved by MyLeadGuru.com, including all legal and equitable remedies available to MyLeadGuru.com or violation of any of these Terms of Service.

    Any rights not expressly granted herein are reserved by MyLeadGuru.com.

    FOR INFORMATION REGARDING THE MyLeadGuru.com PRIVACY STATEMENT, read the document located at http://www.MyLeadGuru.com/privacy/.