AquaLeads™ Website Terms and Conditions


Thank you for visiting the AquaLeads™ website located at www.AquaLeads.com (the "Website”). The Website is an Internet property of AquaLeads.com™, a Division of Simple Online Media LLC™ ("AquaLeads™,” "we” or "us”). By using and/or accessing the Website, you are agreeing to comply with and be bound by the following AquaLeads™ Website Terms and Conditions ("Terms and Conditions”) and the AquaLeads™ Privacy Policy ("Privacy Policy”). These Terms and Conditions are inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time including, without limitation, the AquaLeads™ Website Privacy Policy ("Privacy Policy” and, together with these Terms and Conditions, the "Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Website in any manner or form.

1. Acceptance of Agreement. 
You agree to the terms and conditions stated in the Agreement with respect to your use of the Website. The Agreement constitutes the entire and sole agreement between you and AquaLeads™ with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. AquaLeads™ reserves the right to amend the Agreement from time to time, in our sole discretion, without specific notice to you , provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions, or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions”) shall not apply to any disputes arising prior to the applicable amendment or modification. The most recent Agreement will be posted on the Website, and you should review the Agreement prior to using the Website. By your continued use of the Website, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). As a result, you should check this page for updates and/or changes, regularly.

2. Requirements.
 The Website is available only to individuals who can enter into legally binding contracts under applicable law. The Website is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Website.

3. The Website.
 Subject to the Terms and Conditions, AquaLeads™ provides users with access to information and data regarding the online marketing and advertising services and products offered by the various AquaLeads™ properties (the "AquaLeads™ Properties”), and links to the websites of the various AquaLeads™ Properties.  You should be aware that these Terms and Conditions for this Website do not govern the websites of the various AquaLeads™ Properties or the products and/or services offered by or through the various AquaLeads™ Properties, therefore, you should review the applicable terms and conditions, rules and other policies of those websites. Unless explicitly stated otherwise, any future information or data made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that AquaLeads™ is not responsible or liable in any manner whatsoever for your inability to access and/or use the Website or any associated functionality including, but not limited to, your inability to access the websites of the AquaLeads™ Properties. Notwithstanding anything contained herein to the contrary, you understand and agree that AquaLeads™ reserves the right at any time to modify or discontinue, temporarily or permanently, the features of the Website including those related to the AquaLeads™ Properties (or any part thereof) with or without notice to you. If AquaLeads™ terminates the Agreement, AquaLeads™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Website is your sole right and remedy with respect to any dispute with AquaLeads™.

   4. Privacy Policy.
Use of the Website, and all comments, feedback, information, or materials that you submit through or in association with the Website, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Website, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. View our Privacy Policy.

   5. License Grant.
 As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated content in accordance with the Agreement. AquaLeads™ may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, its content or any portion thereof. AquaLeads™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on AquaLeads™ infrastructure. Your right to use the Website is not transferable.

   6. Proprietary Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website. The "AquaLeads™” name and logo, as well as the names and logos of the AquaLeads™ Properties, are trademarks of AquaLeads™. All other trademarks appearing on the Website are the property of their respective owners. Systematic retrieval of material from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from AquaLeads™ is prohibited. The posting of information or material on the Website by AquaLeads™ does not constitute a waiver of any right in such information and/or materials.

   7. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website.

   8. Legal Warning.
 Any attempt by any individual, whether or not a AquaLeads™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and AquaLeads™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

   9. Indemnification.
 You agree to indemnify and hold harmless AquaLeads™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of AquaLeads™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

  10. Disclaimer of Warranties.
 THE WEBSITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS” AND "AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AQUALEADS™ MAKES NO WARRANTY THAT: (A) THE WEBSITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR ANY OF THE PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE; AND/OR (D) ANY RESULTS THAT MAY BE OBTAINED IN ASSOCIATION WITH ANY PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE WILL BE ACHIEVED IN FULL OR IN PART BY USING SUCH PRODUCTS AND/OR SERVICES. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AQUALEADS™ OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  11. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AQUALEADS™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AQUALEADS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR THE PRODUCTS AND/OR SERVICES, OR ANY DENIAL OF ASSOCIATED PRODUCTS AND/OR SERVICES OFFERED BY ANY OF THE AQUALEADS™ PROPERTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY PERSONALLY IDENTIFIABLE INFORMATION ENTERED ON THE WEBSITE; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON OR THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE AQUALEADS™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF AQUALEADS™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE AQUALEADS™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AQUALEADS™. THE WEBSITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE WOULD NOT BE WITHOUT SUCH LIMITATIONS.

  12. Third Party Websites.
 The Website may provide, or may refer you to, links to third party Internet websites and/or resources. Because AquaLeads™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that AquaLeads™ is not responsible for the availability of such third party websites and/or resources. Furthermore, AquaLeads™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

  13. Miscellaneous.
 The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and AquaLeads™ and governs your use of the Website, superseding any and all prior and/or contemporaneous agreements between you and AquaLeads™. To the extent that anything in or associated with the Website and/or any AquaLeads™ offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and AquaLeads™ Properties’ terms and conditions, insofar as the AquaLeads™ Properties are concerned, the applicable AquaLeads™ Properties’ terms and conditions shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

  14. Contact Us.
 If you have any questions regarding the Agreement, or would like more information from us, please contact us at: Lora@Aqualeads.com