Agreement: By selecting to use the Addsource platform, you the customer (“You”) agree to purchase the described products and/or services (“Services”) at the agreed upon prices, of Addsource, and its affiliates, assigns or agents (collectively “Addsource”) agreeing to perform Addsource’s range of Services. You are also agreeing that you have fully read and understood the Basic Terms and Conditions as well as the Full Terms and Conditions and agree to be bound thereto. You are also representing and warranting that you have legal capacity to enter into this agreement to bind yourself, and if on behalf of a company or entity, said company or entity’s behalf.
Proof of Delivery: You understand that the services by Addsource are services and/or access to proprietary internet-based software, and are not tangible products that can be physically delivered to You from Addsource. By entering into an agreement with Addsource, you waive the right to initiate a chargeback action through your credit card merchant bank for lack of Proof of Delivery, as such proof is not possible or realistic when purchasing services, or accessing internet-based software.
Payment/Automatic Charges: You agree to the terms regarding to payment described in the forms which need to be completed and submitted on sign up in the Addsource system. Payment will be drawn from your credit card or bank account during the billing cycle for the entirety of the length of service, according to the payments agreed upon for the Services.
The Length of Service described above is until the agreement is either Cancelled or Terminated. You hereby give consent for Addsource to automatically charge your credit card or bank account without further approval. Addsource reserves the right to adjust the payment for the call tracking and for Google Adwords campaign budgets but shall not adjust the amount of the without providing thirty(30) days notice to You.
Limitation of Warranty: THERE IS NO WARRANTY OTHER THAN FUNCTIONALITY, EXPRESS OR IMPLIED. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
Privacy Policy. Addsource will not rent or sell the information collected in this agreement or through use of the Services, such as name, address, telephone number and credit card information (collectively “Private Information”) to third-parties without your consent. We may, however, distribute Private Information to third-parties as necessary to perform the services intended by your purchased services on your behalf – Google Adwords for example.
Cancellation/Termination of Agreements: The Basic and Full terms and conditions of Agreements shall continue to apply until terminated by either You or Addsource.
You may terminate agreements at anytime by calling Addsource’s customer support line at 8665246699. Upon Your cancellation, You shall be charged only for the outstanding billing which may not have been paid for as of yet.
Addsource may at any time, and in its sole discretion, and without prior notice, terminate the Agreement if:
(i) You have breached any provision this agreement (or acted in manner which clearly shows that you are unable to comply with the terms of this
Agreement); or
(ii) Addsource has determined that it is not in the company’s best interest to continue the business relationship; or
(iii) Addsource is required to do so by law; or
(iv) Addsource is transitioning to no longer provide the Services to users in the area
in which You reside or use the Products; or
(v) The provision of the services to You by Addsource is, in Addsource’s sole discretion, no longer commercially viable.
Nothing in this Section shall affect Addsource’s rights under any other section of this Agreement. Addsource’s rights and remedies for the unauthorized use of its services shall survive termination of this Agreement regardless of the party or reason for termination.
Limitation of Liability: Addsource shall not be responsible for, and shall not pay, any amount of incidental, consequential or other direct or indirect damages, whether based on lost revenue, lost profits, loss of goodwill or otherwise, regardless of whether Addsource was advised of the possibility of such losses in advance or for any compensation, exemplary, punitive or damages except as set forth herein. In no event shall Addsource’s liability hereunder exceed the amount of paid by You under the agreement, regardless of whether Your claim is based on contract, tort, strict liability, product liability or otherwise. Moreover, Addsource is not responsible for any damages or losses sustained for any damage to your business, website(s), software or hardware; for any changes or upgrades which Addsource may make to the services, for any permanent or temporary cessation in of the services or any of its features; failure to provide Addsource accurate account information; or in Licensee’s failure to insure the security and confidentiality of its account information. In any case, Licensee’s sole remedy therefore shall be that
Addsource shall correct the Services(s) so that it/they operates according to specifications, or a refund. Your acceptance of this agreement shall constitute an express acknowledgement, affirmation and no revocable consent to and acceptance of the Warranty Disclaimer and Limitations or liability set herein.
Governing Law and Jurisdiction: The terms of this Agreement shall be governed exclusively by the laws of the State of Oregon, USA
Severability: If any term of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this License Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
No Assignment. This Agreement may not be assigned by You without the prior express written approval of Addsource.
Survival: The limitations on liability, warranty and any other limitation and restriction of use survive termination of the Agreement.
Intellectual Property: All intellectual property created or developed by Addsource shall remain the property of Addsource and shall not be transfered to You. You agree not to distribute, sell, reproduce, claim as your own, or file for copyright, patent or trademark protection of, any of Addsource’s intellectual property
without Addsource’s expressed written consent.
Amendments: The Basic Terms and Conditions and the Full Terms and Conditions may be amended by Addsource upon fourteen days (14) notice to You. Your continued use of the service shall constitute your acceptance of the amended terms.
Incorporation of Full Terms and Conditions: You understand and agree that the Full Terms and
Conditions (available by clicking here) are incorporated into this Agreement and are fully binding.
FULL TERMS AND CONDITIONS
Incorporation of Full Terms and Conditions: You understand and agree that these Full Terms and Conditions are incorporated into the Basic Terms and Conditions and are fully binding.
Website License Agreement. If you purchased any of our website rental/license packages or products, then the following terms and conditions apply and are incorporated into the Basic and Full Terms and Conditions:
Auto Glass Lead Source, a brand product of Addsource (“Addsource”) has developed and licenses to You a website under a domain name that will be specific to your business (the “Website”). You (the “Licensee”) desire to utilize a copy of the Website to assist in referrals, advertising and promoting your business to individuals desiring use of your services.
In order to use the Website, you must first agree to the Terms of this Website License Agreement (“License Agreement”). You may not use the Website if you do not accept the Terms provided below.
You may not use the Website and may not accept the License Agreement if
(a) you are not of legal age to form a binding contract with Addsource, or
(b) you are a person barred from receiving the Website under the laws of the United States or other countries including the country in which you are resident or from
which you use the Services.
1. License. Addsource hereby grants to the Licensee and Licensee hereby accepts an exclusive license to use the Website in the United States of America as set forth in this License Agreement (“the License”).
Addsource shall provide to Licensee use of the Website, which shall include email, phone number or any other contact information that Addsource selects and chooses to include (“Contact Information”). When the visitors and/or customers (“Customers”) attempt to contact the Licensee through the displayed Contact Information (“Leads”), the Leads will first be received by Addsource and then immediately routed to the
Licensee. Addsource will have no interaction with Customers other than forwarding the Leads to Licensee.
Licensee agrees that Addsource is in no way responsible or liable to the Customers or to Licensee for the content of the Leads or for non-receipt of Leads.
2. Restrictions. Licensee shall not download, modify, copy, duplicate, reproduce, license or sublicense the Website, or transfer or convey the Website or any right in the Website to anyone else without the prior written consent of Addsource. The Website is to be run and hosted solely by Addsource or
agents of Addsource.
(a) Licensee may not (and Licensee may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof, and shall maintain any such information as strictly personal and confidential unless this is expressly permitted or required by law, or unless Licensee has been specifically told that Licensee may do so by Addsource, in writing.
(b) Violation of this Section 2 shall, in Addsource’s sole discretion, result in the immediate termination of the License Agreement.
(c) Neither Licensee, nor its agents, employees or any other third party acting at Licensee’s direction or behalf shall represent, state, imply or suggest, either directly or indirectly, that Addsourceo has any involvement, responsibility or connection to Licensee’s business other than licensing the Website consistent with this License Agreement.
(d) Licensee understands and states that Addsource is in no way responsible or liable to Licensee or any other party, for any of the services and/or products Licensee promotes and/or provides, whether such services and/or products are listed on the Website.
(e) Licensee, nor its agents, shall not attempt to claim under his/her name or email address any Internet or local directory listings, e.g. Google Places, Yahoo! Local, Superpages, etc., henceforth known as “Directories”, already created by Addsource.
(f) Licensee, nor its agents, shall not create new “Directories” using a website address (a “URL”) or a phone number owned by Addsource, without prior written approval from Addsource.
(g) Licensee, nor its agents, shall not attempt to edit any “Directories” with his/her personal name, company name, email address, physical location, phone number, or any other information without prior written approval from Addsource.
3. No Other Rights Granted. Apart from the Licensee’s rights enumerated in this License Agreement, the License does not include any right to authorize use of the Website by any person not a party to this License Agreement or to grant right of use to any other person. Each user must be licensed and pay all applicable fees. Nor shall Licensee have any ownership right, title, or interest, nor any security interest or other interest, in any Intellectual Property rights relating to the Website nor in any
copy of any part of the Website. For purpose of this License Agreement “Intellectual Property Rights” shall include all rights granted to Addsource under any applicable law.
4. Operating Provisions for Licensed Activities.
(a) Use by Authorized Users Only. All access to or benefit from the use of the Website shall be solely by Licensee and unauthorized user each shall be without limitation as to other damages and remedies joint and severally liable for the Activation, Service and other fees due under the License Agreement.
(b) Simultaneous User Limit. No more than the total number of licensees described in the Basic Terms may be the beneficiary of use of the Website at any given time.
(c)Licensee Passwords and Account Security. The Licensee is responsible for (i) maintaining the confidentiality of passwords associated with any account Licensee uses to access the Website and its billing account and for (ii) ensuring that only the Licensee has access to the Website. Accordingly, Licensee agrees that Licensee will be solely responsible to Addsource for all activities that occur under
Licensee’s account, including unauthorized use, known or unknown. If Licensee becomes aware of any unauthorized use of Licensee’s password or of Licensee’s account, Licensee agrees to notify Addsource
immediately at Support@addsource.com. Notwithstanding the foregoing, Addsource reserves the rights to seek the Activation Fee, Service Fees, Monthly Fees and other damages and remedies including injunctive relief available at law, plus attorneys’ fees and costs, for each and every violation of this Agreement.
5. No Right to Backup Copying. As the Website will be hosted, accessed and run through Addsource’s servers, Licensee is not permitted to create a Backup Copy or any other copy of the Website nor is Licensee permitted to reverse engineer or otherwise reproduce the Website or any part of the Website
without Addsource’s written consent.
6. Warranty of Title. Addsource hereby represents and warrants to Licensee that to its actual knowledge Addsource is the owner of the Website or otherwise has the right to grant to Licensee the rights set forth in this License Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, Licensee’s sole remedy shall be to require Addsource to i) procure, at Addsource’s
expense, the right to use the Website; ii) replace the Website or any part thereof that is in breach and replace it with Website of comparable functionality that does not cause any breach, or iii) terminate this License Agreement.
7. Warranty of Functionality. Following execution of this License Agreement and until the termination or cancellation of this License Agreement (the “Warranty Period”), Addsource warrants that the Website shall perform in all material respects according to Addsource’s specifications concerning the Website when used in an appropriate manner and with the appropriate computer equipment. In the event
of any breach or alleged breach of this warranty, Licensee shall promptly notify Addsource. This warranty shall not apply to the Website if modified by anyone or if used improperly or on an operating environment not approved by Addsource.
8. Warranty Disclaimer. ADDSOURCE’S WARRANTIES SET FORTH IN THIS LICENSE AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Indemnification. Licensee Agrees to defend, reimburse all reasonable legal fees and costs, indemnify and hold Addsource and Addsource’s agents, employees heirs and assigns, harmless from and against any and all such claims, demands, obligations, actions, causes of action, damages costs and expenses from any Customer, Lead or other third party for the actions related to Licensee’s use of the Website and/or a violation of this License Agreement by Licensee.
10. Website Maintenance. During the Warranty Period, Addsource shall provide to Licensee any new, corrected or enhanced version of the Website as created by Addsource. Such enhancement shall include all modifications to the Website which increase the speed, efficiency or ease of use of the Website, or add additional capabilities or functionality to the Website, and may but there is no obligation to create any substantially new or rewritten version of the Website.
Software License Agreement. If you purchased any of our software license packages or products, then the following terms and conditions apply and are incorporated into the Basic and Full Terms and Conditions:
Addsource has developed and licenses to users its software program marketed under the name “Addsource”). You (the “Licensee”) desire to utilize a copy of the Software to assist in call tracking and phone analytics for leads wishing to use your services. In order to use the Software, you must first agree to the Terms of this Software License Agreement (“License Agreement”). You may not use the Software if you do not accept the Terms provided below
1. License. Addsource hereby grants to Licensee and Licensee hereby accepts a license to use the Software in the United States of America as set forth in this License Agreement (“the License”.) Licensee may be permitted to register multiple users of the Software dependent on the package purchased in the Basic Terms, the additional permissible users designated by the Licensee shall hereinafter be referred to
as the “Registered Users.” The copy of the Software accessed by Licenses under this License Agreement shall be referred to as the “Licensed Copy.”
(a) The Software can only be accessed and utilized through the web portal
www.addsource.com by entering the appropriate user ID and Password (“User Name”) for a single Registered User.
(b) Only the Licensee and Registered User are permitted to access Software through use of their own separate User Name.
(c) The Licensee may purchase an unlimited number of additional User Names, if the
Licensee requires additional Registered Users to access the Software. Collectively, the rights granted under Sections 1(a) (b) (c) shall be referred to as the “Licensee Rights.”
2. Restrictions. Licensee and Registered Users shall not download, modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Addsource. The Software is to be run solely through Addsource’s web portal.
(a) Licensee and Register User may not (and Licensee and Register User may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, and shall maintain any such information as strictly personal and confidential unless this is expressly permitted or required by law, or unless Licensee has been specifically told that Licensee may do so by Addsource, in writing. Violation
of this Section 2 shall, in Licensor’s sole discretion result in the immediate termination of the License Agreement.
3. No Other Rights Granted. Apart from the Licensee’s rights enumerated in this License Agreement, the License does not include any right to authorize use of the Software by any person not a party to this License Agreement or to grant right of use to any other person, unless that person is a Registered User.
Nor shall Licensee have any ownership right, title, or interest, nor any security interest or other interest, in any Intellectual Property rights relating to the Software nor in any copy of any part of the Software. For purpose of this License Agreement “Intellectual Property Rights” shall include all rights granted to Addsource under any applicable law.
4. Operating Provisions for Licensed Activities.
(a) Use by Authorized Users Only. All access by or of any Licensed Copy shall be solely by Licensee or Registered Users.
(b) Licensee Passwords and Account Security. Licensee agrees and understands that upon purchasing each User Name for a Registered User, Licensee will be provided a corresponding User ID and Password, necessary to access the Software. The Licensee is responsible for (i) maintaining the confidentiality of passwords associated with any account Licensee uses to access the Software and for (ii) ensuring that only the Registered User has access to the User Name and Software. Accordingly, Licensee
agrees that Licensee will be solely responsible to Addsource for all activities that occur under Licensee’s account, including unauthorized use, known or unknown. If Licensee becomes aware of any unauthorized use of Licensee’s password or of Licensee’s account, Licensee agrees to notify Addsource immediately at
Support@addsource.com. Notwithstanding the foregoing, Addsource reserves the rights to seek the Activation Fee, Service Fees, Monthly Fees and other damages and remedies including injunctive relief available at law, plus attorneys’ fees and costs, for each and every violation of this Agreement.
5. No Right to Backup Copying. As the Software will be accessed and run through Addsource’s web-site, Licensee is not permitted to create a Backup Copy or any other copy of the Software.
6. Warranty of Title. Addsource hereby represents and warrants to Licensee that to its actual knowledge Addsource is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this License Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, Licensee’s sole remedy shall be to require Addsource to i) procure, at Addsource’s expense, the right to use the Software; ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) terminate this License Agreement.
7. Warranty of Functionality. Following execution of this License Agreement and until the termination or cancellation of this License Agreement (the “Warranty Period”), Addsource warrants that the Software shall perform in all material respects according to Addsources’s specifications concerning the Software when used in an appropriate manner and with the appropriate computer equipment. In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify Addsource. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Addsource.
8. Software Maintenance. During the Warranty Period, Addsource shall provide to Licensee any new, corrected or enhanced version of the Software as created by Addsource. Such enhancement shall include all modifications to the Software which increase the speed, efficiency or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software.
Search Engine Optimization. If you purchased any of our search engine optimization products or services, then the following terms and conditions apply and are incorporated into the Basic and Full Terms and Conditions.
1. Services. You hereby agree to engage Seyego to provide you with services consisting of custom search engine optimization (SEO) services applied to your designated website.
(a). If you have permitted Addsource to be your certified SEO and Google Adwords Campaign Manager, the Home page optimization service for an optimal keyword selected in the sole discretion of Addsource. The Keyword selected by Addsource shall be submitted to all major search engines &
directories.
2. No Guarantee of any Particular Ranking. While Addsource will use its best efforts, knowledge and skills to obtain the best ranking it can for your designated website, You acknowledge and agree that Addsource has not guaranteed You a particular ranking on any search engine.
3.Website design, graphics, and text contained in the finished website, rights to photos, graphics, source code, work-up files, and computer programs are not transferred to You, and remain the property of their respective owners. Addsource and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.