Terms and Conditions
Last Revised: April 10, 2017
Your account and identity
End-user license agreement
In your marketing communications including any Data, you hereby agree to: (i) abide by all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing (including registration for a Subscription Account Number (SAN) with the National Do Not Call Registry (https://telemarketing.donotcall.gov), email, fax marketing, customer solicitation and privacy; (ii) ensure your mailings or other communications will be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address; and (iii) abide by all applicable industry association guidelines and regulations; and (iv) to be in compliance with TCPA and FTC regulations.
Service plans, payment terms, fees & cancellation
Free trial and Service Plans. You may always find the information on our Service plans and pricing at https://www.uplead.com/pricing. You may also sign up for a 3-day free trial. In order to continue enjoying our Service upon expiration of the 3-day free trial, you will need to choose one of the paid Service plans. The credit/debit card number you provide will be automatically charged the relevant Service fee every billing cycle. If you cancel a payment or initiate an improper chargeback your Account may be suspended.
Cancellation of a Service Plan. You may cancel your Service plan via your Account at any time and for any reason. However, all fees paid by You hereunder are non-refundable. If you cancel your Service plan prior to the end of a billing cycle, you will no longer be able to continue enjoying the Service until the end of such billing cycle.
Our warranties & disclaimers
Your warranties & use of data
Limitations of liability
Term and termination
Term. You hereby acknowledge and agree that these Terms shall come into force on the date you create an Account and will remain in force and effect until terminated in accordance with these Terms.
Termination. You may terminate these Terms at any time and for any reason by closing your Account in the Service.
We may suspend your rights to use the Service and/or terminate these Terms, at any time and for any reason, at our sole discretion, with or without notice to you, including if we believe you have violated any provision of these Terms.
Upon termination of these Terms, your Account and right to use the Service will automatically and immediately terminate. You understand that closure/termination of your Account involves deletion of your Content. We will not incur any liability whatsoever to you for any termination of these Terms, including for any termination of your Account or deletion of your Content. Termination shall not relieve you of the requirement to pay for any outstanding fees, which are non-refundable.
Modifications. No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed/executed by a duly authorized representative of the Company.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Service. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a notification post in the Service or (c) by you via email to [email protected] or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of State of California, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in the County of Los Angeles, California, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.