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Terms of Use Agreement
Please read this "Terms of Use Agreement" before accessing this website.
Effective Date: This "Terms of Use Agreement" was last updated on January 30, 2012.

By clicking on the "I Agree" checkbox, you agree to the following Terms of Use for The Lead Generator. All references to The Lead Generator in this Terms of Use Agreement include, by definition, its associated Web sites: www.leadgenerator.com, www.leadgen.com and www.theleadgenerator.com without restriction.

This Terms of Use Agreement sets forth the standards of use of the Lead Generator Online Service for Registered Subscribers. By accessing and/or using the Lead Generator, you (the "Subscriber") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of and access to this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the www.LeadGenerator.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Josephson Venture/Marketing, Inc. (d/b/a "JV/M") owner of the Lead Generator is providing Subscriber with access to the online service known herein as "the Lead Generator." Subscriber must: (1) provide all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for Subscriber's access to the Internet, and (3) pay any fees related to such connection.

2. The site is provided by JV/M on an "as is" basis. To the fullest extent permitted by applicable law, JV/M makes no representations or warranties of any kind, express or implied, regarding the use, results or benefits of this web site, nor in terms of the correctness, accuracy, reliability, or applicability of the data contained within it. In particular, JV/M makes no warrantee regarding the accuracy of the information on this site, or its applicability for the purposes of lead generation, or the functionality of features. JV/M shall have no liability for any interruptions in the use of this Website, or for the posting of copyrighted information by its users or Subscribers. JV/M disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warrantees; therefore the above-referenced exclusion may be inapplicable in those jurisdictions.

3. JV/M shall not be liable for any damages whatsoever for the use or abuse of this site, and in particular JV/M shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, or tort, arising out of or related to this Web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statue, in equity, at law, or otherwise, even if JV/M has been advised of the possibility of such damages.

4. Subscriber agrees to indemnify and hold JV/M, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of Subscriber's use of the Service, the violation of this Agreement, or infringement by Subscriber, or other user of the Service using Subscriber's computer, of any intellectual property or any other right of any person or entity.

5. All Subscribers shall receive access to the Lead Generator through an account with a password. Subscribers are entirely responsible for any and all activities that occur under their account whether authorized or not authorized. Subscriber agrees to notify JV/M of any unauthorized use of Subscriber's account or any other breach of security known or should be known to the Subscriber. Subscriber's right to use the Service is personal to the Subscriber. Subscriber agrees not to resell or make any commercial use of the Service without the express written consent of JV/M. Subscriber agrees not to post copyrighted information if they do not own the copyright. Subscriber agrees to abide by the rules of the system, to not attempt to, or be a party to activities designed to, damage the system. And Subscriber agrees that JV/M may terminate Subscribership at any time for a violation of the system's guidelines, or for non-payment, without recourse by or reimbursement to Subscriber.

6. Subscriber agrees that subscription fees for access to the Lead Generator shall be due and paid in advance, starting with Subscriber's initial registration. Subscriber agrees to be billed automatically and monthly on the monthly anniversary (for monthly subscriptions) or annually on the annual anniversary date (for annual subscriptions) of Subscriber's registration date, or the last day of the month if there is no monthly anniversary date in the month. Fees for access to the Lead Generator will be published on the Web site under "Pricing," and shall be subject to change without notice. Subscriber agrees to authorize JV/M to automatically bill Subscriber's credit card, which Subscriber agrees to allow JV/M to keep on file for billing purposes.

7. Subscriber may cancel Subscriber's subscription to the Lead Generator at anytime. To cancel, Subscriber agrees to use the Unsubscribe link, as described in the Help section so as to remove all of Subscriber’s data from the active system and to notify JV/M of said cancellation. JV/M shall not be responsible for processing any other form of cancellation. Requesting to cancel your subscription via email may not result in cancellation or termination of recurring charges. Recurring monthly or annual billing will be terminated within four (4) business of cancellation. Unused monthly or annual subscription fees shall be forfeited, and no refunds will be provided under any circumstances.

8. Subscriber agrees that all data entered into or uploaded to the Lead Generator becomes the property of JV/M, subject to the conditions described in the Privacy Policy.

9. JV/M reserves the right to modify or discontinue the Service, or modify prices, without notice to the Subscriber. JV/M shall not be liable to Subscriber or any third party should JV/M exercise its right to modify or discontinue the Service. Subscriber acknowledges and accepts that JV/M does not guarantee continuous, uninterrupted or secure access to the website, and that operation of the website may be interfered with or adversely affected by numerous factors or circumstances outside of JV/M's control.

10. The website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Subscriber acknowledges that JV/M is not responsible for the availability of, or the content located on or through, any third-party site. Subscriber should contact the site administrator or Webmaster for those third-party sites if Subscriber has any concerns regarding such links or the content located on such sites. Subscriber's use of those third-party sites is subject to the terms of use and privacy policies of each site, and JV/M is not responsible therein. JV/M encourages all Subscribers to review the privacy policies of third-party sites.

11. Disclaimer Regarding Accuracy of Vendor Information: Product specifications and other information have either been provided by the Subscribers or collected from publicly available sources. Subscriber agrees that JV/M is under no obligation to ensure that the information on this website is accurate, and, JV/M can make no representations or warranties as to the accuracy or reliability of any information provided on this website. JV/M makes no warranties or representations whatsoever with regard to any product provided or offered by any Subscriber. Subscriber acknowledges that any reliance on representations and warranties provided by any other Subscriber shall be at Subscriber's own risk.

12. Governing Jurisdiction of the Courts of New Jersey: Regardless of where this Web site is hosted or from where it is accessed, this website is provided from the State of New Jersey. Consequently, Subscriber agrees that it shall be subject to the laws of the State New Jersey, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. JV/M makes no representation that this website or other services are appropriate, legal or available for use in other locations. Accordingly, if Subscriber chooses to access this site, Subscriber agrees to do so subject to the internal laws of the State New Jersey.

13. Disputes under this Agreement shall be adjudicated under the auspices of the American Arbitration Association, with all filing and arbitration expenses to be borne by the Subscriber, regardless of outcome. In any event, JV/M’s maximum liability shall be limited to an amount no greater than the subscription fees paid by the Subscriber within the prior year.

14. Compliance with Laws. Subscriber assumes all knowledge of applicable law and is responsible for compliance with any such laws. Subscriber may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Subscriber further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

15. Copyright and Trademark Information: All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright 2012 JV/M, Inc., all rights reserved, or is the property of JV/M, Inc., and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of JV/M is strictly prohibited. Subscriber agrees that they will not use any robot, spider, screen scraper or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of JV/M. The Lead Generator, www.leadgenerator.com, www.leadgen.com and www.theleadgenerator.com and the "LG" logo are proprietary marks of JV/M. JV/M's trademarks may not be used in connection with any product or service that is not provided by JV/M, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits JV/M. All other trademarks displayed on JV/M's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or Subscribers. In addition, such use of trademarks or links to the web sites of Vendors or Subscribers is not intended to imply, directly or indirectly, that those Vendors or Subscribers endorse or have any affiliation with JV/M.

16. Notification of Claimed Copyright Infringement: Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, JV/M designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Chief Legal Officer
JV/M, Inc.
1221 N Church Street, Suite 202
Moorestown, NJ 08057

By Telephone: 856-638-0399 x101

By Email: Admin@jvminc.com

17. Botnets: JV/M retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, JV/M reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

18. Other Terms: If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by JV/M, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Subscriber. Subscriber agrees that by accepting this Terms of Use Agreement, Subscriber is also consenting to be bound by the Privacy Policy associated with The Lead Generator.

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