Lead Anywhere™ and Digital Demand Capture™ Terms of Service
1. Use
By using any part of Lead Anywhere™, Digital Demand Capture™ or any other product or services offered by Fitch-Stone LLC. you agree that you are legally authorized to represent your company or firm and that you agree to the following terms and conditions outlined in this agreement.
2. License
Fitch-Stone grants you non-exclusive, non-transferable rights to use the Lead Anywhere™ product or Digital Demand Capture™ services, subject to the terms and conditions outlined in this Terms of Service. Each license is individual to a specific user with a unique username and password and cannot be shared. You agree not to license, resell or offer Lead Anywhere™ or Digital Demand Capture™ or any Fitch-Stone product or services without written permission from Fitch-Stone to do so. You also agree not to reverse engineer, decompile Lead Anywhere™, its processes or services to uses for your own benefit either commercial or personal.
3. Description of Services
Fitch-Stone provides various services including, but not limited to, Lead Anywhere™ products, Digital Demand Capture™ services, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, mobile phone, text messaging package and Internet access (including payment of all fees associated with such access and services).
We reserve the sole right to either modify or discontinue Lead Anywhere™, Digital Demand Capture™, including any of the products features or product lines, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right with no refund or compensation to you. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. By using the service you agree to any such changes.
4. Delays and Delivery
Some part of the Lead Anywhere™ service may utilize the systems provided by your mobile phone or Internet carriers. Any limitations, delays, outages or other conditions that exist with your carrier may affect the Lead Anywhere™ or Digital Demand Capture™ service. You acknowledge this and agree that Fitch-Stone and Lead Anywhere are not responsible in anyway for issues linked to the performance of your mobile phone or Internet carrier and any the consequences of such.
5. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
6. Modification of Terms
Fitch-Stone reserves the right to modify the Terms of Service agreement or policies without notification to its users. By using the service after any such changes are made constitutes your agreement with the changes.
7. Termination of Use
You may cancel your services at anytime by contacting your Account Manager at Fitch-Stone, who is considered your primary contact with the company.
In addition you agree that we may, in our sole discretion, terminate or suspend your access to all or part of the service with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
8. Ownership
Lead Anywhere™ and Digital Demand Capture™ and all of its intellectual property, trademarks, process, etc are the sole ownership of Fitch-Stone. This agreement does not constitute a sale to you and you agree to have no claim of ownership to any part. Any suggestions, comments, input etc that you may provide may be used to improve the services and becomes the property of Fitch-Stone.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS PRODUCT,WEBSITE OR COMMUNICATION WITH OUR COMPANY.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify and hold Fitch-Stone and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims or demands, including but not limited to attorneys' fees, lost revenue, impact on business or any other claim.
11. Governing Law
By accessing this service both of us agree that the statutes and laws of the State of Utah, will apply to all matters relating to the use of this product(s) and services available through Fitch-Stone. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Utah with respect to such matters.
12. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter.