Legal Information

Terms of Service

By signing up for the Leadpages service ("Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time. Leadpages reserves the right to update and change the Terms of Service by posting updates and changes to the Leadpages website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

PLEASE NOTE: Everyday language summaries of each section are provided for your benefit the top right of each section; these summaries are not legally binding. Please read the "Terms of Service" for the complete picture of your legal requirements. By using Leadpages or any Leadpages services, you are agreeing to these terms. Be sure to occasionally check back for updates.

Abuse Reporting

Our users agree to not send spam and to adhere to all of the terms of service listed on this page. If you believe any of our customers are in violation of the terms of service, please contact us via email, snail mail, or phone:

Avenue 81, Inc. (DBA Leadpages)
251 N. 1st Avenue
Suite 200
Minneapolis, MN 55401
(844) 594-3390
accounts@ave81.com

If you believe any of our customers are in trademark violation, please complete this form.

If you believe any of our customers are violating your copyright or if you have received a copyright takedown notice from us, please see Section 4 DMCA Notice.

Affiliate Agreement

Each participant in the affiliate program ("affiliate," "you," or similar terms) offered by Avenue 81, Inc. dba Leadpages (the "Program Operator") at www.leadpages.net (the "website") expressly agrees to this affiliate agreement.

NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.

This agreement incorporates the Program Operator's Terms of Service (posted on this website) herein as if it were set forth in full. Throughout this agreement, "affiliate program" refers to the affiliate program operated by the Program Operator in part for the website.

AFFILIATES

Each affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship.

COMMISSIONS & REFERRAL FEES

Subject to the terms and conditions of this agreement, you will receive a commission for sending authorized sales via your affiliate links. Payout rates may be changed at anytime and can be viewed via your affiliate account on the affiliate platform. It is your responsibility to determine if the payout for a link you have placed has been changed or discontinued. Leadpages uses a third party to handle all affiliate tracking. All disputes regarding whether a commission is due shall be resolved by Program Operator's reasonable discretion.

Before any Affiliate will be paid a commission, the Affiliate must submit to the Program Operator a properly completed W-8 or W-9 within one hundred-twenty (120) days of earning a commission or referral fee. You will not receive any payment of commission/referral fees until such time as you submit the required documentation to the Program Operator. You waive, and agree that you shall not be paid for, any commission or referral fee that is earned more than one hundred-twenty (120) days before the Program Operator receives your properly completed W-8 or W-9 and any other required documentation.

Commissions on products and services are paid at the most-current rates as indicated on the website, as updated from time to time. No commission will be paid on sales to or referrals of Custom Advanced Accounts.

COMMISSION SCHEDULE

Commissions are paid out within the first ten (10) business days of each calendar month for sales which have been locked thirty (30) days after the transaction date. Subsequent commission payments will continue to be paid out within the first ten (10) business days of each calendar month.

Example: If a transaction occurs on Friday, May 13, it will go into a 30-day locking period and will be "locked" into our system on June 12. This commission payment will be paid out on the next payment run within the first 10 business days of July.

Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason.

We are not responsible for paying interest to Affiliates for accrued but not yet delivered commission payments.

If a transaction incurs a charge-back or refund, or if an online transaction is not completed in every way, or if we have reason to believe a transaction is fraudulent or violates any of the terms of this Agreement in our reasonable discretion, no commission shall be paid to the Affiliate for such transaction. If a commission has already been paid, then it will be deducted from an active Affiliate's future commissions or Affiliate will be required to pay Leadpages within sixty (60) days of receiving an invoice from Leadpages.

All commissions are paid in US Dollars by PayPal or bank draft, as selected by Affiliate. Each Affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees. The Program Operator assumes no responsibility for an Affiliate not electing a payment processor. If you fail to elect a payment method and Program Operator is unable to pay you after one hundred-twenty (120) days after you have earned commissions or referral fees because of such failure, then you waive, and agree that you shall not be paid for, any such commissions or referral fees.

PAYMENT PROCESSOR FEES

All commissions are calculated based on the gross transaction, including all sales, refunds and charge-backs. "Gross transaction" means that processor fees are not deducted from the base amount when calculating commissions.

UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS THROUGH THE WEBSITE

No Affiliate, or other person or entity may use the Program Operator's website, or the Program Operator payment processing system, for private transactions. Any revenue collected through the Program Operator's website or through the Program Operator payment processing system may become the sole property of the Program Operator.

Specifically, Affiliates may not link to the Program Operator's website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the Program Operator's website for processing of any products beyond what the Program Operator has identified as salable products for the website and specific Affiliate sales.

Should any Affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator's payment processing system, the act will be considered an attack of computing resources with intent to damage the website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.

INCOME TAX LIABILITIES

Each affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes, fees, and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. It is the affiliate's sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under the any applicable tax code and other applicable laws.

EMBARGOED NATIONS & SPECIALLY DESIGNATED NATIONALS

The United States controls the export of products and information. Each affiliate agrees to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software).

Each affiliate is responsible for compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an affiliate, you warrant that you are not a citizen or resident of a country designated as having Embargoed Nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.

In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by either the Program Operator.

MIXING OF PRODUCTS

As an affiliate of the Program Operator, your website on which you advertise any products or services of the Program Operator may only include products that do not target persons 13 years of age or younger. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the Program Operator, the website, or your affiliate Link. On any website or communication in which you include any reference whatsoever to the Program Operator, its website, products, or services, you may NOT include any reference whatsoever to any form of "Adult" content. Any violation of these requirements will result in immediate termination of your affiliate status and you shall forfeit any unpaid commissions/referral fees. In the event that any violation of these requirements results in the suspension or termination of any payment processor for or by the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as any consequential or actual damages that the Program Operator may incur.

SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)

The Program Operator does not tolerate the sending of unsolicited email (UCE or SPAM), including any unsolicited emails which promote, or make reference to the Program Operator, or any of their associated companies or websites, vendors, or employees, the websites, products or services. The provisions of the Terms of Service pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who, in the opinion of the Program Operator, breaches this rule will have their affiliate status canceled and any outstanding commissions will be forfeited, in addition to any other remedies to which Program Operator may be entitled.

UNPROFESSIONAL CONDUCT

The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any affiliate who brings the Program Operator or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their affiliate status canceled and any outstanding commissions will be forfeited.

The Program Operator reserves the right to reject any affiliate application if, in the Program Operator's opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the Program Operator prefers not to be associated with.

Affiliates are prohibited from taking any action that could be consider impersonating the Program Operator or violating the Program Operator's intellectual property rights in order to earn commissions or referral fees. This explicitly includes, but in no way is limited to, purchasing keyword advertisements and impersonating the Program Operator in such advertisement.

LINKS, TRADEMARKS AND LOGOS

Program Operator grants you a revocable, limited, non-exclusive, royalty-free license for the duration of this agreement, solely for purposes of facilitating referrals to Program Operator's website, products and services, to post certain trademarks, logos, URLs, and other materials or intellectual property that Program Operator may provide to you from time to time ("Program Operator IP").

Program Operator reserves all rights in or to the Program Operator IP that may be used by affiliate. You acknowledge that the Program Operator IP, as well as all contents of the website, are the sole property of Program Operator or its third party licensors. Other than the foregoing license, nothing herein shall be construed to grant you any right, title or interest in or to the Program Operator IP. You agree that you will not, and will not permit others to, take any action inconsistent with such ownership rights in the Program Operator IP. Without limiting the foregoing, the Program Operator trademarks and service marks may not be used to register internet domain names for any purpose. Affiliate may in no way use or display a Program Operator logo, image, or trademark which may be distasteful, defamatory, misleading or misrepresentative.

ADDITIONAL AFFILIATE RESPONSIBILITIES

Affiliate is be solely responsible for the development, operation, and maintenance of affiliate's site and for all of affiliate's content, information, advertisements, promotions and other items, whether appearing on affiliate's site, a third party's site, in social media sites or other communications (hereinafter, affiliate's "Materials"). For example, you will be solely responsible for:

  • the technical operation of your site and all related equipment
  • creating and posting product or service descriptions and linking those descriptions to the system
  • the accuracy and appropriateness of Materials that you create or post
  • ensuring that your Materials do not violate or infringe upon the rights of Program Operator or any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • ensuring that your Materials are not libelous or otherwise illegal
  • ensuring that your Materials are not obscene, pornographic, vulgar, offensive, discriminatory, or profane
  • ensuring that your Materials comply with all applicable laws and regulations, including but not limited to laws regarding advertising
  • ensuring that any information and data collected by you or by third parties on your behalf is collected and used in compliance with applicable privacy law
  • ensuring that you accurately and adequately (compliant with all applicable laws and regulations) disclose, through a privacy policy, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers
  • ensuring that you do not engage in any false or deceptive trade practices, including any statements about the system or our affiliate program that is false or misleading

We disclaim all liability for the above matters, including all liability related to your site and your Materials. Further, affiliate will defend, indemnify and hold Program Operator (including all our directors, officers, employees, affiliates, and related entities) harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) arising from or related to the development, operation, maintenance, and contents of your site, your Materials, your negligent or willful acts, or your breach of this Agreement.

AFFILIATE SALES & TRACKING

After signing up for the affiliate program, you will receive a unique affiliate URL which you will use to advertise the website. When someone clicks through this URL, a cookie (or similar tracking technology) will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made or refunded the commission will be given based on the existence of the cookie. We may collect, use and share any information or data generated through the system for our business purposes.

In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. Masking or cloaking of the links (whether done by software or by a script and sometimes referred to as "affiliate link cloaking") may or may not work with parts of the website. The Program Operator allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed. We may also withhold payment if, in our reasonable discretion, we have reason to believe that acts or omissions by you related to our Affiliate Program are fraudulent, illegal, or otherwise improper.

To receive payment, you must also provide us with a properly completed W-8 or W-9 form; Program Operator will not make any payments or release funds without such form properly completed and on file, as further set forth in the Commissions & Referral Fees section above.

TERM & TERMINATION

This agreement will begin upon your sign-up with the affiliate program and will end when either you or the Program Operator terminates your affiliate status, or if your account is inactive in any continuous twelve month period. An affiliate may terminate this agreement at any time, and for any reason, by writing to – or emailing – the Program Operator at the email address listed on the website. The affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.

The Program Operator may also terminate this agreement at any time, and for any reason, by writing to affiliate at the email address listed in the affiliate's Profile, with 30 days notice. The Program Operator may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions earned but not yet paid. All terms which by their nature at intended to survive termination shall survive.

RIGHTS TO MODIFY AGREEMENT

The Program Operator, and its associated companies may modify any of this agreement and/or the Terms of Service(including the affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement in the affiliate portal. These changes will come into force immediately upon posting. The affiliate's continued participation in the affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the affiliate of the change. If any modification to this agreement is not acceptable to the affiliate, the affiliate's only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its Materials, and refrain from publishing same in any manner whatsoever.

NO MISUSE

It is understood that any individual that uses the Program Operator system (including in all cases related technology, emails, and other communications) shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal, misleading or politically disruptive material, the definition of which shall be at the sole discretion of the Program Operator. It is also understood that affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and any sums paid and any sums payable as and for commissions will be withheld, in addition to any other remedies to which Program Operator may be entitled. All affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Program Operator, or its associates due to such action.

AS-IS ONLY

There is no warranty or guarantee of any kind with respect to the Program Operator system as far as reliability, stability, quality or dependability. This means that the Program Operator, or its associates are not responsible for any loss or damage incurred directly or indirectly due to the use of the Program Operator website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences. PROGRAM OPERATOR PROVIDES THE SYSTEM, AFFILIATE PROGRAM, AND ALL WEBSITES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY. PROGRAM OPERATOR HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE MAY MODIFY OR DISCONTINUE, IN WHOLE OR IN PART, ANY PART OF THE SYSTEM AT ANY TIME, WITH OR WITHOUT NOTICE.

ELECTRONIC COMMUNICATIONS & EMAIL

The Program Operator requires your primary email address be listed in your affiliate Profile. Affiliates will not be able to use the website or participate in the affiliate program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., "User is over quota" or "Mailbox full") will forfeit any commissions due and this contract will be terminated immediately. You may not use an email address with an auto responder as your Program Operator email address. When you visit the Program Operator's websites or send emails to the Program Operator, you are communicating electronically. You consent to receive communications from the Program Operator electronically. The Program Operator will communicate with you by email or by posting notices in the affiliate portal. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an affiliate, you understand that you may NOT opt out of any emails that you receive from the Program Operator. As an affiliate, you must continually have a valid email account on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.

AFFILIATE IDENTIFICATION NUMBERS

You will be provided an affiliate identification number. Your affiliate ID number may be numeric and/or CaSe sEnSitIvE. For example, the code 'learn_more' is different from 'Learn_More'. You are responsible for maintaining the secrecy and security of your affiliate ID number and password. You agree to hold the Program Operator harmless in the event that any such information is shared by you with any other person or entity whatsoever.

PROHIBITED INCENTIVES

Affiliates may not offer (i) any incentives in the form of, described as, or resulting in, discounting of any products or services of Program Operator; or (ii) any other incentives in the form of rebates, deposits, cash-back or other types of monetary incentives relating to the products or services of Program Operator. Such incentives are strictly prohibited and are grounds for immediate termination and forfeiture of any earned commissions. Notwithstanding the foregoing, affiliates may offer bonuses, "bundles" or discounts on products or services ordinarily offered by affiliates as incentives to purchasers of Program Operator's products and services. For example, an affiliates may offer discounts on affiliate's training programs in connection with the promotion of Program Operator's products and services.

NO PREDATORY ADVERTISING

All affiliates in the affiliate program agree to refrain from any type of predatory advertising practices, infringement of Program Operator's or a third party's intellectual property rights, or other practices which violate any applicable law including advertising and consumer protection law, the definition of which shall be at the sole discretion of the Program Operator, and shall include, but not be limited to, dynamically replacing the affiliate ID of one affiliate with that of another with the effect of "stealing" the commission away from the affiliate that earned it, whether this be intentional or not. Affiliates may not adjust any of the supplied affiliate links to reset cookies or bypass other safeguards in the system. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.

LIABILITY

The Program Operator will not be liable for indirect or accidental damages (including but not limited to loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of the websites or Program Operator's system will be error-free nor will the Program Operator be held liable for any interruptions or errors.

IN ADDITION, IN NO EVENT SHALL PROGRAM OPERATOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR INTERRUPTED COMMUNICATIONS, LOSS OF USE, LOST BUSINESS, LOST DATA OR LOST PROFITS (EVEN IF PROGRAM OPERATOR WAS ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL PROGRAM OPERATOR BE LIABLE TO LEAD PROVIDER FOR AN AMOUNT OF DAMAGES GREATER THAN THE SUM OF ALL FEES PROPERLY OWING BUT UNPAID.

MISCELLANEOUS PROVISIONS

a) If any part of this agreement or the Terms of Service are declared void, this agreement and the Terms of Service shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No affiliate may assign or sublicense this agreement without the Program Operator's prior written consent.

b) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an affiliate will be payable by the affiliate. Any sums not collected from the affiliate or affiliate's customer are not commissionable, and any fees incurred during processing or handling of sales made by the affiliate will be deducted in whole from any commissions due to the affiliate. Further, in the event that the commissions due the affiliate are insufficient to cover any sums, the affiliate agrees to pay the full amount to the Program Operator.

c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS OF SERVICE ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND/OR SOFTWARE (LICENSE).

d) To the extent you have in any manner violated or threatened to violate the Program Operator's intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in Hennepin, MN, USA and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the website, products, and/or services. The Program Operator's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator's right to comply with governmental, court and law enforcement. If any provision 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 the agreement shall continue in effect.

e) This Agreement shall be governed and construed in accordance with the laws of Minnesota, USA applicable to agreements made and to be performed in Minnesota, USA.

f) Both parties agree to submit any dispute to binding arbitration at the following location: for legal actions or proceedings between the Program Operator and you, in Hennepin County, Minnesota, USA under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

g) Any cause of action or claim you may have with respect to the website, the products, or the services must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The Program Operator's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. The Program Operator may assign its rights and duties under this agreement to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.

h) The Program Operator may modify this agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

i) The Program Operator may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.

j) Should this affiliate program be deemed illegal in any jurisdiction, the Program Operator has the right to immediately terminate this program, without recourse. If the payment processors utilized by the Program Operator determine that sales made through affiliates cannot be processed through the payment processor, then the Program Operator has the right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that the Program Operator will always offer any affiliate program, or this affiliate program, for all products, services, and/or opportunities sold by the Program Operator on the websites or that the Program Operator will offer any affiliate program whatsoever. Any rights not expressly granted herein are reserved.

Copyright © 2008-2016

This Affiliate Agreement was last updated June 28, 2016.

Anti-Spam Policy

We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.

We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.

If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.

If you have additional questions, comments or concerns, please contact us by sending an e-mail to accounts@ave81.com and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Avenue 81, Inc. 251 N. 1st Avenue, Suite 200, Minneapolis, MN 55401

Please note that the content of this page can change without prior notice.

This Anti-Spam Policy was last updated on 10-24-2011.

DMCA Policy

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

This Site (see the Site's Terms of Service for definitions), including all text, HTML, scripts, and images are copyrighted and owned by Avenue 81, Inc. d/b/a Leadpages. All rights reserved.

NO PART OF THIS SITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION.

This, of course, excludes the downloading and temporary caching of this Site on a personal computer for the explicit purpose of viewing this Site, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this Site.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact the person or entity infringing on their copyright.

We are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA (Takedown Notice), we will block access to the allegedly infringing material in accordance with the DMCA. We will take reasonable steps to forward a copy of the Takedown Notice to the alleged infringer. Anyone who believes in good faith that a Takedown Notice has wrongfully been filed against them may submit a Counter Notice to us.

DMCA Takedown Notice

Please send your DMCA Takedown Notice to:

Copyright Agent
Avenue 81, Inc. (DBA Leadpages)
251 N. 1st Avenue
Suite 200
Minneapolis, MN 55401

Or, you may complete this Takedown Notice form.

To file a Takedown Notice with us, you must provide a written communication that sets forth the items specified below. You may be liable for damages (including damages, costs, and attorneys' fees) if you misrepresent that the material you identify is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws or is infringed by the material you identify, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. If the copyright is registered, please include the applicable registration number(s).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright).)

3. Provide information reasonably sufficient to permit the website owner to contact you (First and last name, e-mail address and a phone number are required at a minimum. If applicable, also include your title, company and the name of the copyright holder you represent).

4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner or its authorized agent, I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."

5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a DMCA Takedown Notice has been filed against you, we will attempt to notify you and provide you with a copy of the Takedown Notice. If you have a good faith belief that you have been wrongfully accused, you may file a Counter Notice with us. You may complete this Counter Notice form or send us a written communication by mail or email.

If we receive a valid counter notification complying with the requirements of the DMCA, the DMCA provides that the removed or disabled material will be restored or access re-enabled.

We will restore the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of a Counter Notice complying with the requirements of the DMCA, unless we first receive notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Site.

Please be advised that United States copyright law provides substantial penalties for a false Counter Notice filed in response to a Takedown Notice. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws or infringes a third party's copyright, we suggest that you first contact an attorney.

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Earnings Disclaimer

You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase Leadpages®.

NO EARNINGS PROJECTIONS, PROMISES OR REPRESENTATIONS

You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of The Interactive Offer and The Marketing Program, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as "average earnings".

THE ECONOMY

The economy, both where you do business, and on a national and even worldwide scale, create additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by The Interactive Offer and The Marketing Program.

YOUR SUCCESS OR LACK OF IT

Your success in using the information or strategies provided at www.theinteractiveoffer.com and related websites depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.

Internet businesses and earnings derived there from, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase The Interactive Offer and The Marketing Program, and/or any monies spent setting up, operating, and/or marketing The Interactive Offer and The Marketing Program, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

FORWARD-LOOKING STATEMENTS

MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

DUE DILIGENCE

You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own attorney on any legal questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

PURCHASE PRICE

Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for The Interactive Offer and The Marketing Program has been arbitrarily set by us. This price bears no relationship to objective standards.

TESTIMONIALS, CASE STUDIES & EXAMPLES

Testimonials, case studies, and examples found at www.theinteractiveoffer.com and related websites are exceptional results, do not reflect the typical purchaser's experience, don't apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclose typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found at www.theinteractiveoffer.com and related websites. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties.

Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials.

If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate earnings history.

COMPENSATION DISCLOSURE POLICY

Any material connection that we have with a third party provider of goods or services mentioned on www.theinteractiveoffer.com and related websites are explained in our Compensation Disclosure Policy. This policy is incorporated by reference into these Earnings Disclaimers. You should read the policy to fully understand the meaning of our relationships with third party vendors and how it may affect the content found on www.theinteractiveoffer.com and related websites.

If you have any questions about these disclaimers or about testimonials, case studies, and/or examples found at www.theinteractiveoffer.com and related websites, please send an e-mail to accounts@ave81.com or write us at the following address:

Avenue 81, Inc.
251 N. 1st Avenue
Suite 200
Minneapolis, MN 55401
USA

Please note that the content of this page can change without prior notice.

This Earning Disclaimer was last updated on 01-24-2012.

External Links Policy

Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.

Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.

We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.

We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to accounts@ave81.com.

Please note that the content of this page can change without prior notice.

This policy was last updated on 10-24-2011.

Leadpages® Web Application

These Terms of Service (the "Agreement") set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Avenue 81, Inc. d/b/a Leadpages ("Ave. 81") and located at my.leadpages.net and *.leadpages.net (the "Site") including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to create, test and host promotion-specific custom landing pages for online marketing purposes (the "Services"). This Agreement is legally binding between you, the person using this Site, and Ave. 81. Terms such as "we," "our" and "us" refer to Ave. 81.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO AVE. 81'S PRIVACY POLICY LOCATED AT https://www.leadpages.net/legal/ (THE "PRIVACY POLICY"), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services.

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

Ave. 81 may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.


 

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Ave. 81, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.


 

Your Profile Information and Account

In order to access certain Services, you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Ave. 81 for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Ave. 81 immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Ave. 81 immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.


 

Fees

You shall pay all fees specified in any subscription to Services or use of the Site ("Subscription"). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first thirty (30) days (as described in the section below entitled Cancellation and Termination and in the Leadpages Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

At our discretion, we may offer free or discounted pricing for use of the Services (a "Trial Program"). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.


 

Submission of Content

The Site and the Services available thereon enable you to provide, upload or import content, including but not limited to text, images, video, data, web pages and other information or content (collectively, "Content"), to Ave. 81 for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide, upload or import and the consequences for submitting, providing, uploading or importing it.

Your Content is your content. This means that all Content that belongs to you will continue to belong to you. In addition, any pages you create using our Services may be used by you for any lawful purpose, personal or business during your subscription term, provided however that you may not resell or license any template or other Ave. 81 materials or content or otherwise violate any terms of this Agreement.

Note that if you cancel your subscription, Ave. 81 will discontinue providing hosting and any integration and back-end services for your pages. This means that you will no longer be able to use your account to access the pages you have created using our services. However, prior to terminating your subscription, you may export your pages from our system in order to have them hosted on a third party's server and you may continue to use your pages on such third party server provided that you do not violate any intellectual property rights of Ave. 81. Note that if you export your pages to a third party service, you will lose any functionality that is provided by us as part of our subscription service including, without limitation, any integrations that utilize any backend analytics, testing or other services of our servers.

Ave. 81 will use Content you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, importing or otherwise providing any Content on or through the Site and/or the Services, you grant, and have all necessary rights and permissions to grant, to Ave. 81 a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services.

You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Ave. 81 or Ave. 81's use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

Ave. 81 retains the right to use or distribute any Aggregated Data generated by our customers or users. "Aggregated Data" means records which have been stripped of information potentially identifying customers, landing pages or end-users, and which have been manipulated or combined to provide generalized, anonymous information.


 

Intellectual Property Rights

All right, title, interest and ownership and intellectual property rights in and to the Site, Ave. 81 trademarks and the templates provided via the Site, including but not limited to its "look and feel" (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content, are and will remain the property of Ave. 81 or its software or content suppliers. Any templates or derivatives of templates provided that you may build using the Site belong to Ave. 81. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.

Subject to the terms and conditions of this Agreement, Ave. 81 grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Ave. 81 related to the Services, the Site or Ave. 81 or its business ("Feedback") shall become Ave. 81's property without any compensation or other consideration payable to you by Ave. 81, and you do so of your own free will and volition. Ave. 81 may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Ave. 81 may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Ave. 81 in any Feedback and, as applicable, waive any moral rights.

Ave. 81 owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.


 

Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Ave. 81 during the term of this Agreement or following the expiration or termination of this Agreement. "Confidential Information" means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.


 

Acceptable Use and Conduct

You agree that that you will not publish or make available any Content that, or use the Site in a manner that:

  • (a) infringes, violates or misappropriates any third party's intellectual property or proprietary rights;
  • (b) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • (c) except where expressly permitted, engages in spamming, "chain letters", "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally-accepted advertising or marketing industry guidelines;
  • (d) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • (e) is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another's privacy;
  • (f) is harmful to minors in any way;
  • (g) is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Ave. 81;
  • (h) impersonates an Ave. 81 employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or a portion thereof without proper authorization;
  • (i) interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons' ability to use the Site, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or any other site or system in use by another user of Ave. 81;
  • (j) uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein;
  • (k) facilitates the unlawful distribution of copyrighted Content;
  • (l) licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or otherwise commercially exploits the Services;
  • (m) includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site to users;
  • (n) constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
  • (o) stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
  • (p) collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
  • (q) requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
  • (r) attempts to gain unauthorized access to the computer systems of Ave. 81 or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
  • (s) posts adult or pornographic Content;
  • (t) decompiles or reverse engineers or attempt to access the source code of the software underlying the Site, the Services or any other Ave. 81 technology;
  • (u) copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
  • (v) accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site;
  • (w) accesses the Site for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
  • (x) accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site.

 

Disclaimer of Warranties

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVE. 81 EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

AVE. 81 DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, AVE. 81 MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT AVE. 81, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. AVE. 81 MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU INCLUDING BUT NOT LIMITED TO YOUR API; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.

AVE. 81 IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY AVE. 81, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY AVE. 81.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. AVE. 81 DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY 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 AVE. 81 OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE IS OFFERED AND CONTROLLED BY AVE. 81 FROM ITS FACILITIES IN THE UNITED STATES. AVE. 81 MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.


 

Third Party Sites and Content

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Ave. 81's control, and you acknowledge that Ave. 81 is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Ave. 81 or any association with its operators. You further acknowledge and agree that Ave. 81 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.


 

Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL AVE. 81 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF AVE. 81 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SUBSCRIPTION. AVE. 81'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100); OR (B) THE TOTAL AMOUNTS YOU ARE PAID OR OWED BY AVE. 81 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AVE. 81'S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN AVE. 81 AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT AVE. 81 WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

Ave. 81 reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Ave. 81 shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.


 

Indemnity

You agree to indemnify, defend, and hold harmless Ave. 81, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Ave. 81 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Ave. 81 and you agree to cooperate with Ave. 81's defense of these claims. You agree not to settle any matter without the prior written consent of Ave. 81. Ave. 81 will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


 

Cancellation and Termination

If you wish to cancel your Subscription, you can do so by logging into your account and proceeding with this option through the billing section menu. If you are unable to find this option within the billing section or if you have questions or need assistance, please contact Support and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month in which you cancelled, provided however that if you cancel your Subscription within the first thirty (30) days of opening your Leadpages Account, you will receive a refund of your Subscription fee.

Upon cancellation of your Subscription, Ave. 81 is under no obligation to maintain or store your account information or Content. Ave. 81 may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with Ave. 81's processes and practices.

Ave. 81 reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Ave. 81 may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. Ave. 81 also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. Ave. 81 reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.


 

Miscellaneous

If there is any dispute between you and Ave. 81 about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Minneapolis, Hennepin County, Minnesota, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Ave. 81 may seek and obtain injunctive relief in any jurisdiction.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if Ave. 81 does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Ave. 81 has the benefit of under any applicable law), this will not be taken to be a formal waiver of Ave. 81's rights and that those rights or remedies will still be available to Ave. 81.

The sections of "Submission of Content", "Intellectual Property Rights", "Confidential Information", "Disclaimer of Warranties", "Third Party Sites and Content", "Limitation of Liability", "Indemnity" and "Miscellaneous" and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

Leadpages® Refund Policy

The Leadpages&reade; money back guarantee offers that, if at any time within the first 30 days of opening your Account you decide that Leadpages® is not for you … just let our fantastic support team know (we make it easy!) and we'll stop your Subscription and issue you a refund. Your request for a cancellation must be received within 24 business hours of the 30 days of the date and time of opening your Account. If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund.

MarketPlace Template Authors TOS

Avenue 81, Inc. dba Leadpages ("Leadpages," "we," or "us") provides the Template Marketplace as a marketplace where landing page authors ("Author," or "you") can market their original templates ("Templates") on our website at www.leadpages.net ("Site") and license the Templates for use by early adopters ("Early Adopters") and buyers ("Buyers") in accordance with these Terms of Service for Template Authors ("Terms"). The term "Template" includes without limitation all images, copy, software, scripts, graphics, photos, sounds, music, videos, fonts, audiovisual combinations, interactive features, and all other content or materials comprising a template.

You accept and agree to comply and be bound by these Terms by registering as an Author on our Site or submitting a Template to our Site. If you do not agree to these Terms, you may not register as an Author or market or sell Templates on our Site. You must be 18 years of age or older to register as an Author on this Site. You may register for free but cannot transfer your registration or account to any other individual.

We may update these Terms at any time, and such updated versions will be posted on the Site. You are responsible for periodically checking our Terms. By continuing to use this Site after the Terms are updated, you consent to any such updated version of these Terms.

1. About the Marketplace. Authors are independent designers, developers and owners of their Templates and are offering use of their Templates to Users in accordance with these Terms. Users are subject to the Terms of Service for Template Users. Leadpages provides the platform and facilitates transactions between Authors and Users but we do not own or otherwise control the Templates. Authors must stand behind the quality, safety, and content of any Templates they offer through our Site and provide support to Users as described in these Terms.

2. Exclusivity. Leadpages strives to provide a marketplace where Authors receive the majority of the revenue from the sale of licenses to their templates. We also strive to offer users unique Templates that cannot be found elsewhere online. Therefore, we require that Templates marketed on the Leadpages marketplace must be exclusively marketed on our Site. This means that if you choose to upload Templates for marketing on our Site, you agree that you will not market or sell the same Templates on any other websites at the same time as marketing it on our Site.

3. Consent to free use by Early Adopters; Refusal or Removal of Templates. Our marketplace has a community of early adopters who review and use Templates ("Early Adopters"). By uploading Templates to our marketplace, you agree to allow Early Adopters to access and use your Templates for any websites controlled by such Early Adopters and without any fees due to you. With the exception of any specific fee or payment obligations that are waived for Early Adopters, Early Adopters are subject to the Terms of Service for Template Users.

Leadpages may, in its sole discretion, refuse to market your Template on the Site based on feedback from early adopters or for any other reason. In addition, Leadpages may, at any time and, in its sole discretion, decide to remove your Template(s) from our Site. If we remove your Template(s) from the Site, the exclusivity requirement of Section 1 will no longer apply and you may market such removed templates on other websites if you choose to do so.

4. Obligation to Support. Once your Template has been uploaded to our Site, you agree to provide any updates for new releases or enhancements of your Templates, notify us regarding any issues affecting the Template (including any complaints or claims you receive regarding your Template or intellectual property issues related to your Template), and to respond to Users of your Templates regarding inquiries and complaints. Specifically, if we or a User notify you of an error or defect in your Template, you will use all commercially reasonable efforts to resolve the defect in a prompt manner and provide an updated version that resolves the issues. If you do not adequately address such complaints and/or if Leadpages is otherwise required or elects to respond to complaints or resolve issues relating to your Templates and/or to implement any take-down procedures or issue refunds for your Templates, you shall be responsible for any costs incurred by us or our agents in doing so, with our labor billed at a rate of $50 per hour. We reserve all rights to offset and deduct any such amounts from payments due to you under this Agreement or related agreements and to pursue our legal remedies for collection of such amounts. If you do not pay such amounts in full within 30 days of the billing date, or if we receive excessive (as determined in our business judgment) complaints about a Template, we have the right and option to purchase the Template for a price of 12 times its total sales during the previous month.

5. Original Works; Your Intellectual Property Rights in your Templates. As an Author, you may only sell original Templates that have been developed solely by you and for which you fully own the intellectual property rights and/or have all appropriate license rights for submitting the Templates and providing them for sale through the marketplace as contemplated in this Agreement. For purposes of example and not limitation, if you have licensed and incorporated stock images into your Templates, you are responsible for ensuring that you have the appropriate type of license that allows distribution and resale of those images as part of your Template. By marketing and licensing your Templates through the Site, you will continue to own your respective intellectual property rights in the Templates, however you will grant limited licenses to your Templates to us to allow us to market and facilitate the sale of licenses and you will grant licenses to Early Adopters and Buyers to use the Templates as further described in these Terms.

For each Template you upload, you represent and warrant that: (i) you own the intellectual property rights in the Template and for any third party materials within the Template, that you have appropriately licensed such materials and are fully authorized to provide them as part of the Template for use, sale and distribution as contemplated by this Agreement; (ii) the Template has not been unlawfully copied and does not infringe on the copyright, trademark, trade dress, trade secret, patent, license or any other intellectual property rights of any other person or entity; (iii) the Template does not violate any applicable laws or regulations; (iv) the Template is not defamatory, threatening, harassing, obscene or contain any harmful or offensive material; and (vi) the Template does not contain viruses or other harmful or malicious code designed to limit or destroy the functionality of any other software, hardware or computer.

You should mark your Templates with copyright notices and other notices to notify viewers of your intellectual property rights in the Templates, however this notice should be modifiable so that users of the Template can insert their own copyright notices into their completed work. You acknowledge and agree that users of the Template will be modifying the Template with their own content and may modify the copyright notice on their landing page that incorporates your Template.

6. Licenses and permissions granted by you.

Licenses and Permissions to Leadpages.
By uploading your Templates to our Site and during the time that your Template is posted on our Site, you grant us an exclusive license to publish and market your Template on our Site for use by Early Adopters and for purchase by Buyers. You agree and acknowledge that we may use your Templates to promote our Site, for example by using it on a feature page or social network sites and no fees are due for such use of your Templates. No commission, royalty or other compensation is due or payable to you for such uses of your Templates. You authorize us to submit DMCA notices to others on your behalf regarding any unauthorized use or copies of your Templates and we may do so in our sole discretion.

Licenses and permissions to Users (Early Adopters and Buyers) of your Templates.
By uploading your Templates to our Site, you grant to each User of your templates, a limited, non-exclusive, non-transferrable, perpetual license to use the Template for any number of websites controlled by such User and including the rights to make any necessary modifications to the Templates for such use as necessary for such use as part of User's websites. Users may not redistribute or resell your Templates in unmodified form or for use as templates and will be subject to the terms and restrictions in the Terms of Service for Template Users.

7. Fees and Payments through third party vendor. You may set your own pricing for the licensing of your Templates to Buyers, with the minimum amount of any template being $7.00 USD. Authors will be required to create an account with a third party payment processor, Stripe.com. All fees received for your Templates through our Site will be collected, managed and processed by stripe.com in accordance with its terms and conditions (currently available at https://stripe.com/terms). Stripe.com will deduct its processing fees and remit the remainder to you in accordance with its terms and fee schedule. Leadpages reserves the right to deduct an additional percentage of gross fees. Leadpages will notify you of any additional deduction by changing these Terms, and deductions will apply to fees paid on or after the effective date of any such change. All sales are final. Leadpages will not issue refunds to Buyers except in limited cases where we determine, in our sole discretion, that Templates are defective or unusable and Authors fail to adequate provide support or resolution per their obligations in Section 4 above. In such cases, Authors shall be responsible for the costs of resolving such issues with their Templates; accordingly fees owed to Authors shall be subject to offset by us or third party payment processors as described in Section 4 above.

Neither we nor our third party vendors pay interest for any accrued payments. If a transaction incurs a charge-back, is disputed by a Buyer or is not completed, no payment is due to the Author. If such a payment has already been made, then it may be deducted from future payments due to the Author.

8. Termination. These Terms constitute a binding legal agreement between you and Leadpages that will commence upon your registration as an Author and will end when either you or Leadpages terminates your relationship with Leadpages. You may terminate your relationship with us at any time, and for any reason, by terminating your account and discontinuing all use of our Site. You may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever. Leadpages may also suspend your account and/or terminate its agreement with you at any time immediately for any violation by of these Terms.

In addition, Leadpages may terminate this agreement with you for any reason upon notice to you at the email address provided by you in your registration. In addition, Leadpages may, in its sole discretion, elect to discontinue or terminate the Site. Nothing herein is intended to imply that Leadpages will always offer the Marketplace for Templates. We may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to you. All terms which by their nature are intended to survive termination shall survive.

9. DMCA notices. The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet. Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact the person or entity infringing on their copyright.

As operator of the Site, Leadpages is committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, Leadpages will block access to the allegedly infringing material. Leadpages will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a counter notice to Leadpages.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to:
Avenue 81, Inc. d/b/a Leadpages
Attention: Copyright Agent
Avenue 81, Inc.
251 N. 1st Avenue
Suite 200
Minneapolis, MN 55401
USA
accounts@ave81.com
(844) 594-3390

Your notice must set forth the items specified below. You will be liable for damages (including damages, costs, and attorneys' fees) if you materially misrepresent that the Site, a Template or any other material on our Site is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):

(I). Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

(II). Identify the material that you claim is infringing the copyrighted work listed in item (I) above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

(III). Provide information reasonably sufficient to permit us to contact you (e-mail address and a phone number are required at a minimum).

(IV). Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law."

(V). The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed with Leadpages against you, we will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner. If we receive a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

Leadpages will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless we first receive notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

10. Disclaimers. We are not a licensed financial service provider or banking service provider. You agree and acknowledge that we are not acting as a fiduciary or an escrow with respect to any amounts earned by you or any other party and you will not receive any interest or any other earnings from us or any third parties acting on our behalf on any payments received on your behalf. While we may review, approve or reject Templates, we do not warrant the appropriateness for use, content, quality or intellectual property rights ownership of any Templates. In the event that we reject your Template for marketing on our Site, we are not liable to you for any non-acceptance of your Template.

THE SITE, ALL SITE CONTENT AND OUR SERVICES REGARDING MARKETING AND SALE OF TEMPLATES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LEADPAGES AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF ANY SITE CONTENT.

11. Indemnification and Limitation of Liability. Leadpages is not liable for any losses suffered by you or any User as a result of a transaction consummated through our Site or as a result of a User making use of your Template. You are solely responsible agree to indemnify and hold harmless Leadpages, as well as our affiliates, directors, officers, employees and agents, from any and all claims, liabilities, costs and expenses including attorney fees arising in any way from (i) your use of our Site; (ii) the uploading, marketing and/or sale of your Templates through our Site; and (iii) your breach of these Terms; (iv) your violation of any applicable laws; (v) any allegations or actual violation by you with respect to the intellectual property rights, including rights of privacy or publicity, of any party including without limitation claims that your Templates infringes on a party's intellectual property rights; (vi) claims by any Users relating to your Templates; and (vii) any gross negligence or willful misconduct.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL LEADPAGES, ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE TEMPLATES, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE GREATER OF: (I) $100, OR (II) THE AMOUNT PAID OR OWED TO YOU UNDER THIS AGREEMENT DURING THE MOST RECENT TWO MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LEADPAGES, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU, YOUR CLIENTS OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF LEADPAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations allocate the risks between Leadpages and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.

12. General Terms.
Use of our Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Leadpages as a result of these Terms, or use of the Site or our products, and/or services. Leadpages' performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Leadpages' right to comply with governmental, court and law enforcement.

Entire Agreement; Interpretation. If any provision 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 the agreement shall continue in effect. No term or provision of these Terms shall be waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. Furthermore, Leadpages' failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.

Assignment. Author may not assign or sublicense this agreement without Leadpages' prior written consent. Leadpages may assign its rights and duties under these Terms to any party at any time without notice to you. Furthermore, Leadpages may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of Leadpages to transfer any such rights or responsibilities. Any transfer by Leadpages shall cause these Terms, and any other agreement then in effect to transfer simultaneously, all without permission.

Injunctive Relief. To the extent you have in any manner violated or threatened to violate the intellectual property rights of Leadpages or any other party, Leadpages may seek injunctive or other appropriate relief in any court located in Hennepin, MN, USA and you consent to exclusive jurisdiction and venue in such courts.

Dispute Resolution. This Agreement shall be governed and construed in accordance with the laws of Minnesota, USA applicable to agreements made and to be performed in Minnesota, USA. Both parties agree to submit any dispute to binding arbitration at the following location: for legal actions or proceedings between Leadpages and you, in Hennepin County, Minnesota, USA under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. Any cause of action or claim you may have with respect to the Site, the Templates or our services, must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred.

MarketPlace Template Users TOS

Avenue 81, Inc. dba Leadpages ("Leadpages," "we," or "us") provides the Template Marketplace as a marketplace where landing page authors ("Authors") can market original website templates ("Templates") on our website at www.leadpages.net ("Site") and license the Templates for use by early adopters ("Early Adopters" or "you") and buyers ("Buyers" or "you") in accordance with these Terms of Service for Template Users ("Terms"). Early Adopters and Buyers shall collectively be referred to as "Users."

You accept and agree to comply and be bound by these Terms by registering on our Site or downloading, purchasing or otherwise using a Template from our Site. If you do not agree to these Terms, you may not register or download, purchase or otherwise use Templates from our Site. Users must be 18 years of age or older to register on this Site. You may register for free but cannot transfer your registration or account to any other individual.

We may update these Terms at any time, and such updated versions will be posted on the Site. You are responsible for periodically checking our Terms. By continuing to use this Site after the Terms are updated, you consent to any such updated version of these Terms.

1. About the Marketplace. You should be aware that Authors are independent designers and developers and owners of their Templates and are offering you use of their Templates in accordance with these Terms. Additionally, Authors are subject to the Leadpages Terms of Service for Authors. Leadpages provides the platform and facilitates transactions between Authors and Users but we do not own or otherwise control the Templates. Accordingly, we do not and cannot guarantee the quality, safety, or content of any Templates offered on the Site. While we aim to facilitate the process of Authors providing support to Users, we cannot guarantee that support will be available or provided for all Templates. Furthermore, we do not guarantee availability or continued availability of any Templates and we may, in its sole discretion, market, post or remove any Templates from the Site at any time.

2. Early Adopters. If you are among our marketplace community of Early Adopters, you may be given certain privileges such as the rights to access and use certain Templates without paying license fees for such Templates. With the exception of any specific fee or payment obligations that are waived for Early Adopters, these Terms apply to all access and use of Templates by Early Adopters.

3. Limited Licenses and permissions granted to Users. By purchasing a Template from our Site (or for Early Adopters, by using a Template from our site as permitted by Leadpages), you are acquiring a limited license from the Author of the Template to use that Template in strict accordance with these Terms.

Subject to compliance with these Terms, each User receives a limited, non-exclusive, non-transferrable, perpetual license to use the Templates that such User purchases through the Site (or for Early Adopters, is otherwise expressly authorized to use by Leadpages) for any number of websites controlled by such User and including the rights to make any necessary modifications to the Templates to the extent necessary for such use as part of User's websites. All Users are subject to the following restrictions:

  • You may not reverse engineer or access or use the Template or any portion thereof in order to build another template or another product or service that is competitive to those of Leadpages;
  • Users may not license, sublicense, sell, resell, transfer, redistribute Templates in unmodified form (or in modified form as new or different templates):
  • Users may not sublicense, assign, or transfer this license to any other party without the prior written consent of Leadpages.
  • Users may not copy, remove or separately use graphical elements from the Template. Any images, photographs, graphics, fonts and other elements within Templates may be used only as an integral part of the websites you create using the Template. Any kind of separate or additional use or distribution of Template elements is strictly prohibited and a violation of applicable intellectual property laws.

Except for the limited license that you receive under these Terms, you have no right to claim ownership of any intellectual property rights to any Templates. All Templates are the property of their respective Authors.

4. Copyright Notices. You agree that where rights of attribution of authorship are required for a Template, you will retain notices, and not falsely attribute authorship of the Template. However, once you modify a Template by adding your content, you may modify "modifiable" copyright notices within Templates to reflect your copyright in your completed website.

5. Your Content is your content. This means that all content that belongs to you and is used by you on your website pages will continue to belong to you. In addition, any pages you create using a Template or our Services may be used by you for any lawful purpose, personal or business [during your subscription term], provided that you remain subject to all applicable terms and restrictions regarding your use of the Template.

6. Fees and Payment Terms. All sales are final and Leadpages will not issue refunds to Buyers except in limited cases as described in Section 7. If a Template has been listed with inaccurate information or is removed (or to be removed) from the Site by Leadpages for any reason, we reserve all rights to cancel transactions for such Template. With the exception of the foregoing, once you have placed an order for a Template, it is non-cancellable.

7. Support and Refunds. If you believe that a Template you have licensed is defective, you should notify the Author with sufficient detail to describe the problem. If an Author does not respond or adequately address your concern within three (3) business days, please contact us at our support desk (https://support.leadpages.net/) with a detailed description of the problem or concern. If the template is clearly defective and unusable (as determined by us in our sole discretion), we will issue you a refund.

8. Warranties by Users regarding their websites. For each website that you create or will create using Templates, you represent, warrant and agree that: (i) you own or have appropriate licenses to the intellectual property rights for all content on your website; (ii) you have not unlawfully copied and your website does not infringe on the copyright, trademark, trade dress, trade secret, patent, license or any other intellectual property rights of any other person or entity; (iii) your website does not violate any applicable laws or regulations; (iv) your website is not defamatory, threatening, harassing, obscene or contain any harmful or offensive material; and (vi) your website does not contain viruses or other harmful or malicious code designed to limit or destroy the functionality of any other software, hardware or computer.

9. Termination. These Terms constitute a binding legal agreement between you and Leadpages that will commence upon your use or registration of our Site and will end when either you or Leadpages terminates your relationship with Leadpages. You may terminate your relationship with us at any time, and for any reason, by terminating your account and discontinuing all use of our Site. You may not transfer this agreement, any licenses to Templates, or other rights conveyed in this agreement, to any third party whatsoever. Leadpages may also suspend your account and/or terminate its agreement with you at any time immediately for any violation by of these Terms.

In addition, Leadpages may terminate this agreement with you for any reason upon notice to you at the email address provided by you in your registration. In addition, Leadpages may, in its sole discretion, elect to discontinue or terminate the Site. Nothing herein is intended to imply that Leadpages will always offer the Marketplace for Templates. We may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to you. All terms which by their nature are intended to survive termination shall survive.

10. DMCA notices. The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet. Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact the person or entity infringing on their copyright.

As operator of the Site, Leadpages is committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, Leadpages will block access to the allegedly infringing material. Leadpages will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a counter notice to Leadpages.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to:
Avenue 81, Inc. d/b/a Leadpages
Attention: Copyright Agent
Avenue 81, Inc.
251 N. 1st Avenue
Suite 200
Minneapolis, MN 55401
USA
accounts@ave81.com
(844) 594-3390

Your notice must set forth the items specified below. You will be liable for damages (including damages, costs, and attorneys' fees) if you materially misrepresent that the Site, a Template or any other material on our Site is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):

(I). Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

(II). Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

(III). Provide information reasonably sufficient to permit us to contact you (e-mail address and a phone number are required at a minimum).

(IV). Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law."

(V). The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed with Leadpages against you, we will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner. If we receive a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

Leadpages will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless we first receive notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

11. Disclaimers. We are not a licensed financial service provider or banking service provider. You agree and acknowledge that we are not acting as a fiduciary or an escrow with respect to any amounts earned by any party from use of this Site and no authors or users will receive any interest or any other earnings from us on any payments we receive on their behalf. While we may review, approve or reject Templates, we do not warrant the appropriateness for use, content, quality or intellectual property rights ownership of any Templates. In the event that we remove a Template from our Site, we are not liable to you for any damages resulting from your inability to download or use such Template. In addition, if we require you to discontinue or remove a Template from your website that we host (for example, due to an intellectual property claim), we are not liable to you for any damages resulting from your inability to continue using such Template with the exception of any refund that we choose to provide pursuant to Section 7.

THE SITE, ALL SITE CONTENT AND OUR SERVICES REGARDING MARKETING AND SALE OF TEMPLATES, AND ALL TEMPLATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LEADPAGES AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE, ANY TEMPLATES OR SITE CONTENT.

12. Indemnification and Limitation of Liability. Leadpages is not liable for any losses suffered by any User or any Buyer as a result of a transaction consummated through our Site or as a result of a User making use of your Template. You are solely responsible agree to indemnify and hold harmless Leadpages, as well as our affiliates, directors, officers, employees and agents, from any and all claims, liabilities, costs and expenses including attorney fees arising in any way from (i) your use of our Site; (ii) the downloading and/or purchasing or otherwise using Templates through or from our Site; and (iii) your breach of these Terms; (iv) any development, operation, or maintenance of a website by you that employs a Template (excluding however, for any rightful use of a Template under these Terms); (v) your violation of any applicable laws; (vi) any allegations or actual violation by you with respect to the intellectual property rights, including rights of privacy or publicity, of any party including without limitation claims that your modification or use of a Templates infringes on a party's intellectual property rights; (vi) claims by any Authors relating to your use of Templates; and (vii) any gross negligence or willful misconduct.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL LEADPAGES, ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE TEMPLATES, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE GREATER OF: (I) $10, OR (II) THE AMOUNT PAID OR OWED BY YOU UNDER THIS AGREEMENT DURING THE MOST RECENT TWO MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LEADPAGES, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU, YOUR CLIENTS OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF LEADPAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations allocate the risks between Leadpages and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.

13. General Terms.
Use of our Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Leadpages as a result of these Terms, or use of the Site or our products, and/or services. Leadpages' performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Leadpages' right to comply with governmental, court and law enforcement.

Entire Agreement; Interpretation. If any provision 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 the agreement shall continue in effect. No term or provision of these Terms shall be waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. Furthermore, Leadpages' failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.

Assignment. Users may not assign or sublicense this agreement without Leadpages' prior written consent. Leadpages may assign its rights and duties under these Terms to any party at any time without notice to you. Furthermore, Leadpages may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of Leadpages to transfer any such rights or responsibilities. Any transfer by Leadpages shall cause these Terms, and any other agreement then in effect to transfer simultaneously, all without permission.

Injunctive Relief. To the extent you have in any manner violated or threatened to violate the intellectual property rights of Leadpages or any other party, Leadpages may seek injunctive or other appropriate relief in any court located in Hennepin, MN, USA and you consent to exclusive jurisdiction and venue in such courts.

Dispute Resolution. These Terms shall be governed and construed in accordance with the laws of Minnesota, USA applicable to agreements made and to be performed in Minnesota, USA. Both parties agree to submit any dispute to binding arbitration at the following location: for legal actions or proceedings between Leadpages and you, in Hennepin County, Minnesota, USA under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. Any cause of action or claim you may have with respect to the Site, the Templates or our services, must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred.

Privacy Policy

HOW WE PROTECT YOUR PRIVACY

This privacy policy tells you how we (Avenue 81, Inc.) collect, use, and protect your personal information. By visiting leadpages.net (our website), you accept and agree to the terms and conditions of this privacy policy. This privacy policy applies to information we collect on this website and through e-mail and other electronic messages between you and us. It does not apply to information collected by any third party, including through any application or content that may be accessible from this website. In particular, by visiting this website you consent to our collection and use of your personal information as described in this privacy policy, including any updates or revisions to this privacy policy.

MINORS

We do not knowingly provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at accounts@ave81.com.

POLICY IS PART OF OUR TERMS AND CONDITIONS OF USE

Our privacy policy is part of, and subject to, our website's terms and conditions of use. You may view these terms and conditions on our website.

THE TYPE OF INFORMATION WE COLLECT FROM YOU

Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer's operating system, location data, and the type of web browser that you are using. Our website automatically records this basic information about you.

And like many other websites, we may use cookies or similar tracking technologies. In plain English, this means information that our website's server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.

We may also collect any data that you provide us by posting it at our website or by e-mail, including information by which you might be personally identified such as name, postal address, e-mail address, and telephone number, and/or any other contact or personally identifiable information.

Registered Accounts / Application Users. If you have a registered account and are a user of applications provided by us, you may voluntarily provide, and we may collect and store, additional information related to the registered account, such as: the industry in which you are involved, any API key provided by you, images you choose to upload.

You can always choose not to provide us with information. However, if you do withhold information, you may not be able to make use of some or all of our website's services and features.

Some transactions between you and our website may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including your billing address, telephone number, and other information related to the transaction.

We may also obtain information from third parties, for example, our business partners, third-party suppliers, and customers.

WHAT WE DO WITH YOUR INFORMATION

We use your information to operate our business activities. For example, we may use this data to contact you about changes to our website, new services, or special offers, provide you with notices about your account, resolve disputes, troubleshoot issues, enforce our website's terms and conditions, to carry out our obligations and enforce our rights arising from contracts entered into between you and us, to protect our business interests and the interests and rights of third parties, and to fulfill any other purpose for which you provide data.

As a general rule, we will not give your data to third parties for direct marketing purposes without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs and the paragraphs above.

We may, in our sole discretion, provide information about you to comply with a court order, law or legal process, to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability or infringe on our rights or the rights of third parties.

We may provide information about you to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our website users is among the assets transferred.

We may disclose aggregate data about our website's visitors to advertisers or other third parties.

From time to time, we may use third party suppliers to provide services on our website. If a supplier wants to collect information about you through this website, you will be notified. We restrict the way third party suppliers can use your information.

We will share information with third parties to fulfill the explicit purpose for which you provide it. For example, we will post information that you enter into our blog's comment system to our blog; share information where you give consent; and use information for the purpose that is disclosed by us when you provide the information; we share information with third parties who assist us in operating our business; for example if we use an email-service-provider, we may provide your email to such vendor to assist us in sending email communications.

USER NAMES AND PASSWORDS

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a username and password for access to certain parts of our website, you are responsible for keeping the username and password confidential. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.

ACCESSING AND CORRECTING YOUR INFORMATION

If you have a customer account with us, you can review and change your personal information by logging into the website and visiting your account profile page. You may also send us an e-mail at accounts@ave81.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

YOUR VOLUNTARY DISCLOSURE OF INFORMATION TO THIRD PARTIES WHO ARE NOT OUR SUPPLIERS

You may choose to provide personal information to website visitors or other third parties who are not our suppliers. Please use caution when doing so. The privacy policies and customs of these third parties determine what is done with your information.

AUTORESPONDERS

We may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail to accounts@ave81.com, or sending us mail to the address listed below.

DO NOT TRACK

This website does not monitor for or behave differently if your computer transmits a "do not track" or similar beacon or message.

DISCLAIMER

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, including the illegal acts of third parties (such as criminal hacking).

POLICY CHANGES

The terms of this policy may change from time to time. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the e-mail address specified through your account. Your continued use of this website constitutes your consent to such revised privacy policy.

If you are concerned about the topic covered by this policy, you should read it each time before you use our website. Any questions or concerns about this policy should be brought to our attention by sending an e-mail to accounts@ave81.com, or one of the methods provided under Contact Information, and providing us with information relating to your concern.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident and our customer, Cal. Civ. Code § 1798.83 permits you to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. To request this information, please send an e-mail to accounts@ave81.com or write us at the following address:

Avenue 81, Inc.
251 N. 1st Avenue
Suite 200
Minneapolis, MN 55401

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:
accounts@ave81.com

Avenue 81, Inc.
251 N. 1st Avenue
Suite 200
Minneapolis, MN 55401
(844) 594-3390

This privacy policy was last updated on February 6, 2014.

Shared Leadpages User TOS

Avenue 81, Inc. dba Leadpages ("Leadpages," "we," or "us") provides the functionality on our website at www.leadpages.net ("Site") for our Site's users ("Users") to share certain code from such User's customized web sites ("Shared Pages") with third parties ("You" or "you") in accordance with these Terms and Conditions ("Terms").

You accept and agree to comply and be bound by these Terms by registering on our Site or downloading or otherwise using a Shared Page from our Site. If you do not agree to these Terms, you may not register, download, or otherwise use Shared Pages from our Site. You must be 18 years of age or older to register on this Site. You may register for free but cannot transfer your registration or account to any other individual.

We may update these Terms at any time, and such updated versions will be posted on the Site. You are responsible for periodically checking our Terms. By continuing to use this Site after the Terms are updated, you consent to any such updated version of these Terms.

1. About Shared Leadpages. You should be aware that our Users have independently designed, developed and customized the Shared Pages and are offering you access to and use of their Shared Pages in accordance with these Terms. In order to use the Shared Leadpages functionality, you will have to subscribe to the Leadpages services (if you are not already a subscriber).

Additionally, our Users are subject to the Leadpages Terms of Service. Leadpages provides the platform and facilitates sharing between Users and You, but we do not own or otherwise control the Shared Pages. Accordingly, we do not and cannot guarantee the quality, safety, or content of any Shared Pages. We do not guarantee that the User has all rights necessary to share the Shared Page with You. No support will be available or provided for any Shared Pages. Furthermore, we do not guarantee availability or continued availability of any Shared Pages.

2. Limited Licenses and permissions granted to You. By receiving a Shared Page, you are acquiring a limited license from the User of the Shared Page to use that Shared Page in strict accordance with these Terms.

Subject to compliance with these Terms, You will receive a limited, non-exclusive, non-transferrable, perpetual license to use the Shared Page for any number of websites controlled by You and including the rights to make any necessary modifications to the Shared Page to the extent necessary for such use as part of Your websites. You are subject to the following restrictions:

  • You may not reverse engineer or access or use the Shared Page or any portion thereof in order to build a template or another product or service that is competitive to those of Leadpages;
  • You may not license, sublicense, sell, resell, transfer, redistribute any Shared Page in unmodified form (or in modified form as new or different template);
  • You may not sublicense, assign, or transfer this license to any other party without the prior written consent of Leadpages;
  • You may not copy, remove or separately use graphical elements from the Shared Page. Any images, photographs, graphics, fonts and other elements within any Shared Page may be used only as an integral part of the websites you create using the Shared Page. Any kind of separate or additional use or distribution of Shared Page elements is strictly prohibited and a violation of applicable intellectual property laws.

Except for the limited license that you receive under these Terms, you have no right to claim ownership of any intellectual property rights to any Shared Page. All Shared Pages are the property of their respective authors.

3. Copyright Notices. You agree that where rights of attribution of authorship are required for a Shared Page, you will retain notices, and not falsely attribute authorship of the Shared Page. However, once you modify a Shared Page by adding your content, you may modify "modifiable" copyright notices within a Shared Page to reflect your copyright in your completed website.

4. Your Content is your content. This means that all content that belongs to you and is used by you on your website pages will continue to belong to you. In addition, any pages you create using a Shared Page may be used by you for any lawful purpose, personal or business, provided that you remain subject to all applicable terms and restrictions regarding your use of the Shared Page.

5. Warranties by You. For each website that You create or will create using Shared Pages, you represent, warrant and agree that: (i) you own or have appropriate licenses to the intellectual property rights for all content on your website; (ii) you have not unlawfully copied and your website does not infringe on the copyright, trademark, trade dress, trade secret, patent, license or any other intellectual property rights of any other person or entity; (iii) your website does not violate any applicable laws or regulations; (iv) your website is not defamatory, threatening, harassing, obscene or contain any harmful or offensive material; and (vi) your website does not contain viruses or other harmful or malicious code designed to limit or destroy the functionality of any other software, hardware or computer.

6. Termination. These Terms constitute a binding legal agreement between you and Leadpages that will commence when You register on our Site or download or otherwise use a Shared Page and will end when either you or Leadpages terminates your relationship with Leadpages. You may terminate your relationship with us at any time, and for any reason, by terminating your account and discontinuing all use of our Site and all Shared Pages. You may not transfer this agreement, any licenses to Shared Leadpages, or other rights conveyed in this agreement, to any third party whatsoever. Leadpages may also suspend your account and/or terminate its agreement with you at any time immediately for any violation by of these Terms.

In addition, Leadpages may terminate this agreement with you for any reason upon notice to you at the email address provided by you in your registration. In addition, Leadpages may, in its sole discretion, elect to discontinue or terminate the Site or access to any or all Shared Pages. We may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to you. All terms which by their nature are intended to survive termination shall survive.

7. DMCA Notice. If You believe that your intellectual property rights have been infringed upon by a Shared Page, or if a notice of infringement has been filed against you, please visit the DMCA Notice section on the page www.leadpages.net/legal for additional information.

8. Disclaimers. We do not review, approve, reject or otherwise control the Shared Pages, and we do not warrant the appropriateness for use, content, quality or intellectual property rights ownership of any Shared Pages. In the event that we remove a Shared Page from our Site, we are not liable to you for any damages resulting from your inability to download or use such Shared Page. In addition, if we require you to discontinue or remove a Shared Page from your website that we host (for example, due to an intellectual property claim), we are not liable to you for any damages resulting from your inability to continue using such Shared Page.

THE SITE, ALL SITE CONTENT AND OUR SERVICES REGARDING MARKETING AND SALE OF SHARED PAGES, AND ALL SHARED PAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LEADPAGES AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE, ANY SHARED PAGES OR SITE CONTENT.

9. Indemnification and Limitation of Liability. Leadpages is not liable for any losses suffered by You or any User as a result of a transaction consummated through our Site, including the sharing of a Shared Page, or as a result of you using a Shared Page. You agree to indemnify and hold harmless Leadpages, as well as our affiliates, directors, officers, employees and agents, from any and all claims, liabilities, costs and expenses including attorney fees arising in any way from (i) your use of our Site; (ii) the downloading or otherwise using a Shared Page through or from our Site; and (iii) your breach of these Terms; (iv) any development, operation, or maintenance of a website by you that employs a Shared Page (excluding however, for any rightful use of a Shared Page under these Terms); (v) your violation of any applicable laws; (vi) any allegations or actual violation by you with respect to the intellectual property rights, including rights of privacy or publicity, of any party including without limitation claims that your modification or use of a Shared Page infringes on a party's intellectual property rights; (vi) claims by any Users or any third parties relating to your use of Shared Leadpages; and (vii) any gross negligence or willful misconduct.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL LEADPAGES, ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SHARED PAGES, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE GREATER OF: (I) $10, OR (II) THE AMOUNT PAID OR OWED BY YOU UNDER THIS AGREEMENT DURING THE MOST RECENT TWO MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LEADPAGES, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU, YOUR CLIENTS OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF LEADPAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations allocate the risks between Leadpages and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.

10. General Terms.
Use of our Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Leadpages as a result of these Terms, or use of the Site or our products, and/or services. Leadpages' performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Leadpages' right to comply with governmental, court and law enforcement.

Entire Agreement; Interpretation. If any provision 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 the agreement shall continue in effect. No term or provision of these Terms shall be waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. Furthermore, Leadpages' failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.

Assignment. You may not assign or sublicense this agreement without Leadpages' prior written consent. Leadpages may assign its rights and duties under these Terms to any party at any time without notice to you. Furthermore, Leadpages may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of Leadpages to transfer any such rights or responsibilities. Any transfer by Leadpages shall cause these Terms, and any other agreement then in effect to transfer simultaneously, all without permission.

Injunctive Relief. To the extent you have in any manner violated or threatened to violate the intellectual property rights of Leadpages or any other party, Leadpages may seek injunctive or other appropriate relief in any court located in Hennepin, MN, USA and you consent to exclusive jurisdiction and venue in such courts.

Dispute Resolution. These Terms shall be governed and construed in accordance with the laws of Minnesota, USA applicable to agreements made and to be performed in Minnesota, USA. Both parties agree to submit any dispute to binding arbitration at the following location: for legal actions or proceedings between Leadpages and you, in Hennepin County, Minnesota, USA under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. Any cause of action or claim you may have with respect to the Site, the Shared Pages or our services, must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred.

These terms were last updated on October 13, 2014.

SMS / Text Messaging Terms and Conditions

TEXT MESSAGING

Avenue 81, Inc. (dba "Leadpages") offers a text messaging service that allows you to receive text message alerts concerning live online trainings, events and offers on your mobile device. Please see the text messaging terms and conditions below for full details, including possible fees associated with text messaging.

Text messaging service is not available in all countries.

TEXT MESSAGING TERMS AND CONDITIONS

By opting in for text messaging service, you, the user, agree to the legal terms, including the Terms of Service of Avenue 81, Inc. (Leadpages) and the Privacy Policy, posted at www.leadpages.net/legal. You also agree to the following as it pertains to specific usage of the text messaging service. Leadpages reserves the right to update and change these SMS Terms and Conditions by posting updates and changes to the Leadpages website. You are advised to check the SMS Terms and Conditions from time to time for any updates or changes that may impact you.

USAGE

You acknowledge that text messages are distributed via third-party mobile network providers and therefore we cannot control certain factors relating to message delivery. You further acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the text message to the recipient successfully.

Leadpages does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.

Leadpages reserves the right to terminate this SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays.

NOTIFICATION SERVICE

The notification service will send you reminders of live online trainings, events and offers. Text messaging is not available in all countries. U.S. supported carriers are Supported Wireless Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, and Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), MetroPCS, Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

CHARGES; FREQUENCY

Standard messaging and data rates may apply. By opting-in for this service, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.

Leadpages will send you no more than six (6) text messages per month.

OPT-IN AND OPT-OUT PROCESS

The short code 38470 is used by Leadpages to promote live online trainings, events and offers.

Opt-in: You may opt-in by texting the keyword Leadpages to 38470 from your mobile device.

Opt-out: You may opt-out by texting the keyword STOP to 38470 from your mobile device. By opting-in, you consent that following such a request to unsubscribe, you may receive one (1) final message from Leadpages confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you opt-in.

Help: For additional information, text "HELP" to 38470 from your mobile device or call (800) 123-6789.

This SMS/Text Messaging Terms & Conditions policy was last updated 10-1-2014.

Templates

Our free downloadable templates are protected by copyright and are available for personal use only. You may not copy, reproduce, distribute, display, perform, modify, create derivative works, transmit, or in any way exploit any of these templates, nor may you distribute any part of these templates over any network, including a local area network, sell or offer them for sale.

Terms & Conditions

Thank you for visiting our website. If you want to use www.Leadpages.net, you must agree to conform to and be legally bound by the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

MINORS

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on www.Leadpages.net.

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on www.Leadpages.net.

COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF THESE TERMS AND CONDITIONS

If there is a Compensation Disclosure Policy on www.Leadpages.net, the policy is part of, and subject to, these terms and conditions of use.

MODIFICATIONS AND TERMINATIONS

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to accounts@ave81.com, and providing us with information relating to your concern.

LICENSEE STATUS

You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

CONTENT OWNERSHIP

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to accounts@ave81.com.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to accounts@ave81.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The information on our website is provided on an "as is," "as available" basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to accounts@ave81.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.

COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION

You agree to obey all applicable laws while using our website.

You agree that the laws of MN govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Hennepin County, MN, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

SEVERABILITY OF THESE TERMS AND CONDITIONS

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to accounts@ave81.com, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Avenue 81, Inc.
251 N. 1st Avenue
Suite 200
Minneapolis, MN 55401
USA

ENTIRE AGREEMENT

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.

This Terms and Conditions of Use was last updated on 10-24-2011.

Copyright © 2008-2014 All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.

Leadpages® Freelance Jobs Board

The Avenue 81, Inc. (doing business as Leadpages) Freelancer job board (the "Freelance Board") is a place where buyers of services ( "Employers") can post advertisements to find independent contractors or employees ("Freelancers") to provide such services. Regardless of whether you are an Employer or a Freelancer you are using the Freelance Board at your own risk; we offer no assurance or protection of any kind with respect to the use of the Freelance Board. If you are a Freelancer, you may not find work and if you do find work you might not get paid for work you do. If you are an Employer, the Freelancer you hire may never do the work you request, may miss deadlines that you set, and/or you may pay for work that is either never done or is low quality. In addition, if you are an Employer, a Freelancer may not have the qualifications or experience that he, she or it communicates to you. We do not moderate or manage the terms of the relationship between Employers and Freelancers, that is the responsibility of the parties. We have no role and take no responsibility for payments or quality or timeliness of work. We have no involvement in and do not take responsibility for the content or accuracy of any postings or the screening or vetting of any Freelancers or Employers. We have no involvement in, and do not moderate or manage the terms of, the relationship between Employers and Freelancers; that is the responsibility of the parties. We have no role in and take no responsibility for any payments or quality or timeliness of work.

Converted 2016

TERMS AND CONDITIONS

CANCELLATION POLICY

Cancellations for paid registrations received in writing on/before July 18, 2016 are fully refundable if you notify us within 14 days of purchase. After July 19, 2016, registrations are non-refundable. If you don’t cancel within 14 days of purchase or before July 19, 2016, you are still responsible for payment. However, you may substitute the name of one registrant for another at any time. Cancellations or changes must be made in writing to julie.carroll@ave81.com.

PHOTOGRAPHY, VIDEO, & AUDIO RECORDING

By attending CONVERTED 2016, you consent to having your voice, image, and likeness recorded. We can use these recordings how we deem appropriate, without offering you notice or compensation.

AGE LIMITATION

Attendees must be 18 years of age in order to attend CONVERTED 2016.