Lead Boss CRM Terms of Service

Terms of Service

LAST UPDATED - JANUARY 1ST, 2025

Terms of Service

1. Definitions:

- "Service": The term "Service" shall refer to the client relationship management software system, all related software applications, tools, functionalities, updates, and associated services provided by Lead Boss CRM, including but not limited to any customizations, workflows, automations, campaigns, forms, websites, funnels, courses, and other proprietary intellectual property specifically designed for land investors. The term "Service" also encompasses any and all documentation, support, and ancillary services provided by Lead Boss CRM in connection with the use and operation of the software system.

- "User" or "You": The terms "User" or "You" shall refer to any individual, entity, or organization accessing, utilizing, or interacting with the Service, whether directly or indirectly, including but not limited to land investors, their employees, agents, contractors, representatives, and any authorized or unauthorized personnel. "User" further extends to any person or entity acting on behalf of or under the authority of the individual or entity that has registered for or is using the Service.

2. Service Terms:

- Purpose and Scope: The Service is specifically designed to assist land investors in managing customer relationships, leads, transactions, and other associated business activities. The Service includes a suite of tools, features, and functionalities tailored to meet the unique operational requirements of the land investment industry. The scope of the Service may include, but is not limited to, customer relationship management (CRM), data management, automated workflows, communication tools, marketing campaigns, analytics, and reporting.

- Compliance with Laws and Regulations: The User acknowledges and agrees to use the Service in strict compliance with all applicable local, state, national, and international laws, regulations, and ordinances, including but not limited to data protection laws, privacy laws, and intellectual property laws. The User further agrees to adhere to any additional guidelines, rules, or terms provided by Lead Boss CRM in connection with specific features or functionalities of the Service.

- Prohibited Uses: The User agrees not to use the Service for any illegal, fraudulent, or unauthorized purpose, including but not limited to violating the rights of others, transmitting unlawful content, engaging in any activity that interferes with or disrupts the Service, or attempting to gain unauthorized access to any part of the Service or its related systems. The User shall not use the Service in a manner that could harm, disable, overburden, or impair the Service or any associated networks or systems.

- Modification and Updates: Lead Boss CRM reserves the right to modify, update, or discontinue any aspect of the Service at any time, with or without notice, including but not limited to adding or removing features, functionalities, or content. The User acknowledges that such modifications may affect their use of the Service, and Lead Boss CRM shall not be liable for any loss or damages resulting from such modifications.

3. Registration:

- Account Creation: To access and use the Service, the User must complete the registration process, which may include providing certain personal and business information, such as name, email address, company name, and payment details. The User agrees to provide accurate, current, and complete information during the registration process and to promptly update such information as necessary to ensure its accuracy throughout the duration of the User’s access to the Service.

- Account Security and Confidentiality: The User is solely responsible for maintaining the confidentiality and security of their account credentials, including but not limited to their username, password, and any other authentication information. The User agrees not to disclose, share, or allow others to use their account credentials. The User is fully responsible for all activities that occur under their account, whether authorized or unauthorized, and agrees to immediately notify Lead Boss CRM of any unauthorized use, breach of security, or suspected compromise of their account credentials.

- Account Restrictions: The User agrees not to register for multiple accounts without explicit written permission from Lead Boss CRM. The User also agrees not to use the account of another User or impersonate any person or entity in connection with the registration process or use of the Service.

- Termination or Suspension of Account: Lead Boss CRM reserves the right, in its sole discretion, to suspend or terminate the User's account at any time, without prior notice, for reasons including but not limited to providing false or misleading information during registration, failure to maintain account security, unauthorized use of the account, or breach of any terms of this agreement. Upon termination, the User's access to the Service will be immediately revoked, and all associated data may be deleted or retained according to Lead Boss CRM's data retention policies.

4. Payments:

- Payment Obligations: The User agrees to pay all fees, charges, and taxes associated with their use of the Service, as outlined during the registration process, within the Service interface, or as otherwise communicated by Lead Boss CRM. Fees may include, but are not limited to, subscription fees, transaction fees, setup fees, service fees, and any applicable taxes, levies, or duties imposed by taxing authorities. The User acknowledges and agrees that all fees are non-refundable, unless explicitly stated otherwise in this agreement or by Lead Boss CRM in writing.

- Payment Methods and Authorization: The User must provide valid and current payment information (e.g., credit card, debit card, or other authorized payment methods) and authorizes Lead Boss CRM to automatically charge the User's provided payment method for all fees due, on the billing schedule associated with the User's account (e.g., monthly, annually). The User agrees to promptly update their payment information if there are any changes (e.g., expiration, change in billing address).

- Automatic Renewal: Unless the User explicitly cancels their subscription before the end of the current billing period, the User’s subscription will automatically renew for an additional term of the same length, and the applicable subscription fee will be charged to the User’s designated payment method. The User may opt-out of automatic renewal by providing notice of cancellation in accordance with Lead Boss CRM's cancellation policy.

- Late Payments and Non-Payment: If payment is not received by the due date, Lead Boss CRM reserves the right to charge interest on the overdue amount at the maximum rate allowed by applicable law, calculated from the date such payment was due until the date payment is received. Additionally, Lead Boss CRM may, at its discretion and without limiting other remedies, suspend or terminate the User's access to the Service until all outstanding fees and interest are paid in full. The User agrees to bear any costs of collection (including reasonable attorneys' fees and expenses) incurred by Lead Boss CRM in collecting overdue amounts.

- Fee Changes: Lead Boss CRM reserves the right to change the fees for the Service at any time, with notice provided to the User at least 30 days in advance of the effective date of the change. The User's continued use of the Service after the fee change takes effect constitutes acceptance of the new fees. If the User does not agree to the fee changes, the User must terminate their account before the effective date of the change to avoid being charged at the new rate.

- Refund Policy: Unless otherwise stated in this agreement or explicitly provided in writing by Lead Boss CRM, all fees paid are non-refundable, including in cases of early termination or cancellation by the User. Any exceptions to this policy will be at the sole discretion of Lead Boss CRM and must be agreed upon in writing.

5. User Data:

- Ownership of User Data: Lead Boss CRM acknowledges and agrees that all data, information, content, and materials entered, uploaded, or stored by the User into the Service ("User Data") shall remain the sole and exclusive property of the User. Lead Boss CRM shall have no ownership rights in the User Data, and the User retains all rights, title, and interest in and to their User Data.

- License to Use User Data: The User hereby grants Lead Boss CRM a non-exclusive, worldwide, royalty-free, and fully paid-up license to use, reproduce, process, transmit, and display User Data solely for the purpose of providing, maintaining, supporting, and improving the Service. This license includes the right to perform such actions as necessary to prevent or address technical problems, support requests, or ensure compliance with this agreement or applicable laws.

- Confidentiality and Security: Lead Boss CRM agrees to implement and maintain industry-standard administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of User Data. Lead Boss CRM shall not access, use, or disclose User Data except as necessary to provide the Service, comply with applicable law, or as otherwise authorized by the User in writing. Lead Boss CRM will notify the User without undue delay upon becoming aware of any unauthorized access to or disclosure of User Data.

- Data Accuracy and Legality: The User is solely responsible for the accuracy, quality, legality, and appropriateness of all User Data. Lead Boss CRM does not control or verify the content of User Data and disclaims any responsibility or liability for the User’s use of User Data within the Service. The User represents and warrants that they have obtained all necessary rights, consents, and permissions to collect, share, and use the User Data in connection with the Service.

- Data Loss and Corruption: While Lead Boss CRM employs reasonable efforts to protect User Data, the User acknowledges and agrees that the Service is not intended to serve as a primary data storage or backup solution. Lead Boss CRM disclaims any liability for any loss, corruption, or unavailability of User Data, including without limitation any costs or expenses associated with backing up or restoring any User Data. The User is responsible for maintaining their own backups of all User Data and for implementing disaster recovery procedures as appropriate.

- Data Retention and Deletion: Upon termination or expiration of the User’s account, Lead Boss CRM may, in its discretion, delete or retain User Data in accordance with its data retention policies and applicable law. The User acknowledges that Lead Boss CRM is not obligated to retain User Data beyond the period specified by its data retention policy and that any requests for data retrieval after termination may incur additional fees.

- Compliance with Data Protection Laws: The User and Lead Boss CRM agree to comply with all applicable data protection and privacy laws in connection with the processing of User Data. The User shall obtain all necessary consents and provide any required notices to individuals whose personal data is included in User Data, and Lead Boss CRM shall process such data in accordance with the User’s instructions and applicable legal requirements.

6. Intellectual Property:

- Ownership and Scope: The User acknowledges and agrees that all elements of the Service, including but not limited to software, source code, algorithms, design, content, user interfaces, websites, funnels, forms, courses, workflows, automations, campaigns, templates, documentation, and proprietary methodologies (collectively, the "Intellectual Property"), are the exclusive property of Lead Boss CRM. This Intellectual Property is protected by applicable intellectual property laws, including but not limited to copyright, trademark, trade secret, and patent laws, both in the United States and internationally. The User agrees that they have no ownership, rights, or title to any aspect of the Intellectual Property, except for the limited license to use the Service as expressly provided in this agreement.

- License and Restrictions: Subject to the terms and conditions of this agreement, Lead Boss CRM grants the User a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Intellectual Property solely for the User’s internal business purposes, in connection with their use of the Service. The User agrees not to copy, reproduce, modify, adapt, translate, distribute, transfer, sublicense, sell, lease, assign, publish, display, perform, or create derivative works from any part of the Intellectual Property, except as expressly authorized in writing by Lead Boss CRM. Any unauthorized use of the Intellectual Property shall be considered a material breach of this agreement and may result in the immediate suspension or termination of the User’s access to the Service, in addition to any other remedies available to Lead Boss CRM under law.

- Prohibition on Transfer and External Use: The User acknowledges and agrees that all websites, funnels, forms, workflows, automations, campaigns, and any other materials provided by Lead Boss CRM through the Service are intended for use exclusively within the Lead Boss platform. These materials cannot be transferred, migrated, exported, or hosted on any other web hosting platform, software, or system without the explicit written permission of Lead Boss CRM. The User further agrees not to use any Intellectual Property provided by Lead Boss CRM outside of the Lead Boss platform or for any purposes other than those expressly permitted under this agreement.

- Courses and Educational Content: All courses, training materials, and educational content provided by Lead Boss CRM as part of the Service are considered Intellectual Property and are protected by applicable copyright laws. The User agrees not to copy, record, reproduce, distribute, share, publicly display, or create derivative works from any courses or educational content without the explicit written permission of Lead Boss CRM. Any unauthorized use or distribution of these materials may result in legal action and the immediate suspension or termination of the User’s access to the Service.

- Trademarks and Branding: Any trademarks, logos, service marks, trade names, or branding (collectively, "Trademarks") displayed on the Service are the exclusive property of Lead Boss CRM or its licensors. The User is not granted any right or license to use any Trademarks without the prior written consent of Lead Boss CRM. The User agrees not to remove, obscure, or alter any Trademarks, copyright notices, or other proprietary notices on any Intellectual Property provided through the Service.

- Infringement and Remedies: The User agrees to immediately notify Lead Boss CRM of any known or suspected infringement of Lead Boss CRM’s Intellectual Property rights. Lead Boss CRM reserves the right to take any legal or equitable action it deems necessary to protect its Intellectual Property, including seeking injunctive relief, damages, and attorney's fees. The User agrees to cooperate fully with Lead Boss CRM in any legal action taken to enforce its Intellectual Property rights.

7. Third-Party Services:

- Integration with Third-Party Services: The Service may integrate with or provide access to third-party services, products, software, or content ("Third-Party Services") that are not owned or controlled by Lead Boss CRM. These Third-Party Services are provided solely for the User’s convenience, and their integration does not imply any endorsement, sponsorship, or affiliation by Lead Boss CRM. The User acknowledges and agrees that their use of any Third-Party Services is at their own risk and subject to the terms and conditions, privacy policies, and other legal agreements of the respective third-party providers.

- No Responsibility for Third-Party Services: Lead Boss CRM makes no representations or warranties regarding the availability, reliability, accuracy, quality, or suitability of any Third-Party Services, and disclaims all liability for any errors, omissions, or issues arising from the use of or reliance on such Third-Party Services. The User acknowledges that Lead Boss CRM has no control over and is not responsible for the content, functionality, performance, or security of any Third-Party Services, including any interruptions, delays, or defects in the Service caused by such Third-Party Services.

- No Warranty: Lead Boss CRM provides access to Third-Party Services on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Lead Boss CRM expressly disclaims any responsibility or liability for any damages, losses, or expenses incurred by the User as a result of their use of or inability to use any Third-Party Services.

- Indemnification: The User agrees to indemnify, defend, and hold harmless Lead Boss CRM from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the User’s use of Third-Party Services. This includes any claims that may arise from the User's violation of the terms of service, privacy policy, or other agreements of the third-party providers.

- Termination of Access: Lead Boss CRM reserves the right, at its sole discretion, to suspend or terminate access to any Third-Party Services integrated with the Service at any time, with or without notice. Lead Boss CRM shall not be liable for any damages, losses, or other consequences arising from such suspension or termination, and it is the User's responsibility to ensure that they have alternative arrangements or backups if the availability of a Third-Party Service is critical to their operations.

- User Responsibility: The User is solely responsible for reviewing and complying with the terms and conditions, privacy policies, and other legal agreements of any Third-Party Services that they access, use, or integrate with the Service. The User acknowledges that Lead Boss CRM’s provision of access to Third-Party Services does not constitute any responsibility or liability for the User’s compliance with such third-party terms.

8. Privacy and Data Security:

- Commitment to Privacy and Data Security: Lead Boss CRM is fully committed to protecting the privacy, confidentiality, and security of User data. The Service is designed and maintained in compliance with all applicable data protection and privacy laws, including, but not limited to, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other relevant local, state, national, or international regulations. Lead Boss CRM implements industry-standard administrative, physical, and technical safeguards to protect User data from unauthorized access, disclosure, alteration, and destruction.

- Collection and Use of Data: Lead Boss CRM may collect, process, and store personal data and other information from Users as necessary to provide, support, and improve the Service. This may include, but is not limited to, User registration information, account settings, transaction data, and usage metrics. Lead Boss CRM will only use User data in accordance with its Privacy Policy and the User’s explicit consents, which are obtained during the registration process or as required by applicable law.

- Data Processing and International Transfers: The User acknowledges and agrees that Lead Boss CRM may process and store User data on servers located in jurisdictions outside of the User’s home country, and such data may be subject to the laws of the jurisdiction in which it is processed or stored. Lead Boss CRM will ensure that any international data transfers comply with applicable legal requirements, including, where appropriate, implementing standard contractual clauses or other approved mechanisms to ensure an adequate level of data protection.

- Data Security Responsibilities: Users are solely responsible for maintaining the security and confidentiality of their account credentials, including usernames, passwords, and any other security-related information. The User agrees to take all reasonable measures to protect their account from unauthorized access, including regularly updating passwords, using multi-factor authentication (if available), and promptly notifying Lead Boss CRM of any suspected unauthorized access, breach, or other security incidents. The User is solely responsible for any actions taken under their account, whether authorized by them or not, and agrees to indemnify Lead Boss CRM for any losses or damages arising from such actions.

- Data Breach Notification: In the event of a data breach that affects the security or confidentiality of User data, Lead Boss CRM will promptly notify the affected Users in accordance with applicable legal requirements. The notification will include, to the extent known, the nature of the breach, the data involved, and the steps taken or planned to mitigate the potential impact of the breach. Lead Boss CRM will cooperate with Users and any relevant authorities to manage and resolve the breach and to comply with any mandatory reporting obligations.

- User Rights and Data Access: In accordance with applicable data protection laws, Users may have certain rights regarding their personal data, including the right to access, correct, delete, or restrict the processing of their data. Users may also have the right to data portability and the right to object to the processing of their data. Lead Boss CRM will facilitate the exercise of these rights as required by law, and Users may submit requests to exercise their rights by contacting Lead Boss CRM at the contact information provided in this agreement or in the Privacy Policy.

- Privacy Policy: The use of the Service is also governed by Lead Boss CRM’s Privacy Policy, which is incorporated by reference into this agreement. By using the Service, the User acknowledges that they have read, understood, and agreed to the Privacy Policy. Lead Boss CRM reserves the right to update its Privacy Policy from time to time, and Users will be notified of any significant changes.

9. Termination:

- Termination by Lead Boss CRM: Lead Boss CRM reserves the right, at its sole discretion, to suspend, restrict, or terminate the User's access to the Service at any time, with or without notice, for any reason, including but not limited to non-payment of fees, breach of any term of this agreement, misuse of the Service, or conduct that Lead Boss CRM deems harmful to its interests or the interests of other users. In the event of termination, the User’s right to access and use the Service will immediately cease, and Lead Boss CRM shall have no obligation to maintain or forward any data associated with the User's account.

- Termination by User: The User may terminate their account and this agreement at any time by contacting Lead Boss CRM customer support and providing notice of termination. Upon termination, the User's access to the Service will be immediately revoked. It is the User’s responsibility to export or back up any data prior to termination. Lead Boss CRM will not be responsible for any loss of data upon termination. All outstanding fees must be paid in full prior to termination, and no refunds will be provided for any unused portion of the Service.

- Effect of Termination: Upon termination of the User’s account, whether by Lead Boss CRM or by the User, all licenses and rights granted to the User under this agreement shall immediately cease. Lead Boss CRM may, in its sole discretion, delete any or all data associated with the User’s account, or retain such data in accordance with its data retention policies and any applicable legal requirements. The User acknowledges that Lead Boss CRM is not obligated to provide access to, or recovery of, any data following termination.

- Survival of Terms: Provisions of this agreement that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, confidentiality, indemnification, warranty disclaimers, limitations of liability, and governing law.

10. Warranty and Liability:

- Disclaimer of Warranties: The User expressly understands and agrees that the Service is provided on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express, implied, or statutory. Lead Boss CRM expressly disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing, usage, or trade. Lead Boss CRM makes no warranty that the Service will meet the User's requirements, be uninterrupted, timely, secure, error-free, or that any defects or errors in the Service will be corrected. The User acknowledges and agrees that any use of the Service is at their own risk.

- No Liability for Content: Lead Boss CRM makes no representations or warranties regarding the accuracy, reliability, completeness, or quality of any information, content, or materials provided through the Service. The User acknowledges that Lead Boss CRM is not responsible for any errors or omissions in the content, or for any results obtained from the use of such content. The User assumes full responsibility for any reliance on the information provided through the Service.

- Limitation of Liability: To the fullest extent permitted by applicable law, Lead Boss CRM, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, damages for loss of profits, revenue, goodwill, data, use, or other intangible losses, arising out of or in connection with the User's access to, use of, or inability to use the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Lead Boss CRM has been advised of the possibility of such damages.

- Maximum Liability: In any event, the total cumulative liability of Lead Boss CRM, its affiliates, directors, officers, employees, agents, and licensors arising out of or in connection with this agreement or the Service, regardless of the form of the action, shall be limited to the amount paid by the User to Lead Boss CRM for the use of the Service during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation is cumulative and shall not be increased by the existence of more than one claim or event.

- Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that such laws apply, the exclusions and limitations set forth in this agreement shall apply to the fullest extent permitted by law. In such cases, Lead Boss CRM's liability shall be limited to the greatest extent permitted by law.

11. Indemnification:

- User’s Obligation to Indemnify: The User agrees to indemnify, defend, and hold harmless Lead Boss CRM, its affiliates, officers, directors, employees, agents, licensors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (a) the User's access to or use of the Service; (b) the User's violation of any term of this agreement; (c) the User’s breach of any representation, warranty, or covenant made by the User herein; (d) the User's violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or proprietary rights; or (e) any content or data uploaded, transmitted, or otherwise made available by the User through the Service.

- Defense and Settlement: Lead Boss CRM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. In such case, the User agrees to cooperate fully with Lead Boss CRM in asserting any available defenses and in the conduct of any legal or settlement negotiations. The User shall not settle any claim, action, or proceeding without the prior written consent of Lead Boss CRM, which shall not be unreasonably withheld.

- Notification of Claims: The User agrees to promptly notify Lead Boss CRM of any claims, demands, or actions covered by this indemnification obligation, providing reasonable details of the nature of the claim, demand, or action. Failure to promptly notify Lead Boss CRM of such claims may relieve Lead Boss CRM of its indemnification obligations to the extent that Lead Boss CRM's ability to defend the claim has been materially prejudiced by such delay.

- Survival of Indemnification Obligations: The indemnification obligations of the User under this section shall survive the termination or expiration of this agreement and the User's use of the Service.

12. Amendments:

- Right to Modify: Lead Boss CRM reserves the right, at its sole discretion, to amend, modify, or update this agreement, including any associated policies, terms, or conditions, at any time and for any reason. Such amendments may include, but are not limited to, changes to fees, features, functionalities, terms of use, and privacy practices.

- Notification of Changes: In the event of any material changes to this agreement, Lead Boss CRM will provide notice to Users by means deemed reasonable, such as email notifications, notifications within the Service, or updates posted on the Lead Boss CRM website. The form and timing of such notice shall be determined at the discretion of Lead Boss CRM, but reasonable efforts will be made to notify Users of significant changes at least thirty (30) days prior to their effective date.

- Acceptance of Changes: Continued use of the Service after the effective date of any amendments constitutes the User's acceptance of the revised terms and conditions. If the User does not agree to the amended terms, the User must discontinue use of the Service and terminate their account prior to the effective date of the changes. Failure to do so will be deemed acceptance of the amended terms.

- Binding Nature of Amendments: All amendments to this agreement shall be effective as of the date indicated in the notice or on the Lead Boss CRM website, and the revised terms shall supersede all prior versions of this agreement. The User acknowledges and agrees that it is their responsibility to review the terms of this agreement and any amendments periodically to stay informed of any changes that may affect their rights or obligations.

- Severability of Amendments: In the event that any part of this agreement, as amended, is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13. Governing Law:

- Applicable Law: This agreement, including any disputes arising out of or related to it, shall be governed by, and construed in accordance with, the laws of the United States and the State of Arizona, without regard to any principles of conflicts of law that would require the application of the laws of another jurisdiction.

- Jurisdiction and Venue: The User agrees that any legal action or proceeding arising out of or related to this agreement shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. The User hereby consents to the personal jurisdiction and venue of such courts, and waives any objection to the laying of venue in such courts, including any claim that such action has been brought in an inconvenient forum.

- Waiver of Jury Trial: To the extent permitted by applicable law, each party hereby irrevocably waives any right to a trial by jury in any legal proceeding arising out of or related to this agreement or the Service.

- Exclusion of the United Nations Convention: The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement or to any dispute or transaction arising out of this agreement.

- Attorney’s Fees: In the event of any legal action or proceeding arising out of or related to this agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.

14. Dispute Resolution:

- Binding Arbitration: The User agrees that any dispute, controversy, or claim arising out of or related to this agreement, the Service, or the breach thereof, shall be resolved exclusively through binding arbitration, rather than in court, except for disputes requiring injunctive relief as set forth below. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA") or another mutually agreed-upon arbitration service, before a single arbitrator. The arbitration shall take place in Maricopa County, Arizona, and shall be conducted in English.

- Arbitration Procedure: The arbitration shall be conducted in a confidential manner. The arbitrator shall apply the laws of the State of Arizona and the United States, and shall have the authority to award any relief available in a court of law, except that the arbitrator shall not have the authority to award punitive damages. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

- Costs and Fees: Each party shall bear its own costs and expenses related to the arbitration, including attorneys' fees, except that the parties shall equally share the costs and fees of the arbitrator and the arbitration administration. However, if the arbitrator determines that a party's claim or defense is frivolous or brought in bad faith, the arbitrator may award the prevailing party its reasonable attorneys' fees and costs.

- Injunctive Relief: Notwithstanding the foregoing, Lead Boss CRM retains the right to seek injunctive relief in a court of competent jurisdiction to prevent or stop any unauthorized use of its Intellectual Property, Confidential Information, or any other proprietary rights. The User agrees that any breach or threatened breach of this agreement by the User would cause irreparable harm to Lead Boss CRM, for which monetary damages would be inadequate, and consents to the issuance of injunctive relief without the necessity of posting a bond.

- Class Action Waiver: The User agrees that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class, collective, or representative action, and the User expressly waives any right to bring or participate in a class, collective, or representative action against Lead Boss CRM.

- Confidentiality of Proceedings: The parties agree that any arbitration or legal proceeding arising out of or related to this agreement shall be confidential, and neither party shall disclose the existence, content, or outcome of any such proceeding without the prior written consent of the other party, except as required by law.

15. Cancellation and Refund Policy:

15.1 Cancellation Process:

- Cancellation by Customer:

The User may cancel their subscription to Lead Boss CRM at any time by submitting a request through the designated Lead Boss CRM customer support channels or via the user account management interface, if available. Once the cancellation request is received and processed, monthly subscribers will lose access to the system immediately. Annual subscribers will retain access until the end of their current year-long billing cycle. The User is responsible for ensuring that their cancellation request is successfully received and processed by Lead Boss CRM.
- Access to Courses and Materials Upon Cancellation:

All courses, training materials, and resources provided as part of the User's Lead Boss CRM subscription will become unavailable immediately upon cancellation for monthly subscribers. For annual subscribers, access to these materials will remain available until the end of their current year-long billing cycle. Once the subscription period ends, the User will no longer have access to any courses or materials previously included with their subscription. Users are encouraged to download or save any permitted resources before cancellation to avoid losing access.

- Cancellation by Lead Boss CRM: Lead Boss CRM reserves the right to cancel or suspend the User’s subscription or access to the Service at any time for non-payment, breach of this agreement, or any other reason deemed necessary by Lead Boss CRM. In the event of cancellation by Lead Boss CRM, the User will be notified and will have access to the Service only until the date of cancellation.

15.2 No Refund for Promotional Pricing:

- Non-Refundable Promotional Services: Amounts paid for services procured at a promotional or discounted rate are strictly non-refundable. This includes but is not limited to promotional pricing, discounts, and special offers. The User acknowledges and agrees that these fees are non-refundable under any circumstances, even if the User chooses to cancel the Service before the end of the promotional period.

15.3 Refund Requests:

- Requesting a Refund: Customers may request a refund for regular-priced services by contacting Lead Boss CRM customer support within a specified timeframe, typically within thirty (30) days of the initial purchase. All refund requests are subject to review by Lead Boss CRM and are not guaranteed. The User must provide a valid reason for the refund request, and Lead Boss CRM reserves the right to approve or deny the refund at its sole discretion.

- Non-Refundable Courses: Any courses or educational materials purchased through Lead Boss CRM are strictly non-refundable. The User acknowledges and agrees that all sales of courses are final and that Lead Boss CRM is under no obligation to provide a refund for any reason.

15.4 Refund Approval and Processing:

- Processing Refunds: If a refund is approved, it will be processed and credited back to the original payment method used by the User at the time of purchase. The time frame for the refund to be reflected in the User’s account may vary depending on the payment provider's policies and processing times. Lead Boss CRM is not responsible for delays caused by the payment provider.

- Deductions and Fees: Lead Boss CRM reserves the right to deduct any applicable fees, charges, or pro-rated amounts from the refund, as determined by the refund policy or any applicable agreements. The User will be informed of any deductions prior to the refund being processed.

15.5 Recurring Subscriptions:

- Responsibility for Cancellation: It is the sole responsibility of the User to cancel the Service before the next billing cycle begins to avoid incurring charges for the new billing period. Lead Boss CRM will not provide refunds for any charges incurred due to the User’s failure to cancel the subscription before the start of a new billing cycle.

- Automatic Renewal: Unless otherwise specified, subscriptions to the Service will automatically renew at the end of each billing cycle. The User acknowledges that it is their responsibility to manage their subscription settings and to cancel the Service if they do not wish for it to renew automatically.

16. Data Retention and Backup:

- Data Retention by Lead Boss CRM: Lead Boss CRM will retain User data for the duration of the User’s active subscription to the Service and for a reasonable period thereafter, as necessary to comply with applicable legal, regulatory, and operational requirements. The specific duration for which data will be retained following the termination of a User’s subscription will be determined by Lead Boss CRM in accordance with its data retention policies and any applicable legal requirements.

- Purpose of Data Retention: Data retained by Lead Boss CRM post-subscription may be used solely for purposes such as compliance with legal obligations, resolution of disputes, enforcement of agreements, and maintenance of business records. Lead Boss CRM will ensure that such retained data is handled in a manner consistent with its Privacy Policy and applicable data protection laws.

- User Responsibility for Data Backup: The User acknowledges and agrees that they are solely responsible for maintaining adequate backups of all data entered into the Service. Lead Boss CRM does not guarantee the preservation or availability of User data after the termination of the subscription and is not liable for any loss of data. The User is encouraged to regularly export and back up their data to prevent any loss in the event of service termination or data deletion.

- Data Deletion Upon Termination: Upon termination of the User’s subscription, Lead Boss CRM may, in its sole discretion, delete or anonymize all User data associated with the User’s account, unless otherwise required by law or unless the User has entered into a specific agreement with Lead Boss CRM for extended data retention. The User acknowledges that data deletion is irreversible, and Lead Boss CRM is not responsible for any data that is permanently deleted as a result of account termination.

- Extended Data Retention Agreements: In certain cases, the User may request or be offered extended data retention services for a specified period following the termination of their subscription. Such extended retention must be agreed upon in writing and may be subject to additional fees. Unless otherwise agreed, Lead Boss CRM is under no obligation to retain User data beyond the standard retention period.

- Compliance with Data Protection Laws: Lead Boss CRM will manage and store User data in compliance with applicable data protection and privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other relevant regulations. The User acknowledges that they are responsible for ensuring that any data they input into the Service complies with applicable laws and does not violate the rights of any third parties.

17. Sub-Account Restrictions:

- Non-Transferability of Sub-Accounts: The User acknowledges and agrees that any Sub-Accounts created under their primary account within Lead Boss CRM are non-transferable and cannot be sold, assigned, or otherwise transferred to any other individual, entity, or agency without the explicit written consent of Lead Boss CRM. This restriction applies to all forms of transfer, whether voluntary or involuntary, including transfers by operation of law, merger, or other business combinations.

- Prohibition on Migration to Other Agencies: Clients' Sub-Accounts within Lead Boss CRM are expressly prohibited from being migrated, exported, or transferred to any other agency, service provider, or platform without the explicit written permission of Lead Boss CRM. Any attempt to transfer or migrate Sub-Accounts in violation of this provision shall be deemed a material breach of this agreement and may result in the immediate termination of the User's access to the Service, without refund.

- Requesting Permission for Transfer: Should the User wish to transfer a Sub-Account to another agency, they must submit a formal written request to Lead Boss CRM detailing the reasons for the transfer and the identity of the proposed transferee. Lead Boss CRM reserves the right to approve or deny such requests at its sole discretion and may impose conditions or fees as part of the approval process.

- Consequences of Unauthorized Transfer: Any unauthorized transfer, migration, or use of Sub-Accounts in violation of this agreement shall entitle Lead Boss CRM to exercise all available legal and equitable remedies, including but not limited to the immediate suspension or termination of the User's account, the pursuit of damages, and the recovery of any fees associated with the unauthorized transfer. The User agrees to indemnify and hold harmless Lead Boss CRM from any claims, damages, or liabilities arising from such unauthorized actions.

- Survival of Restrictions: The restrictions set forth in this section shall survive the termination or expiration of this agreement and shall remain enforceable against the User and any third party to whom an unauthorized transfer is attempted or completed.

18. Acceptance:

- Binding Agreement: By accessing, registering for, or using the Service in any manner, the User acknowledges that they have read, understood, and agree to be bound by all the terms and conditions set forth in this agreement, as well as any other policies, guidelines, or agreements incorporated herein by reference. The User further acknowledges that this agreement constitutes a legally binding contract between the User and Lead Boss CRM, and that the User’s acceptance of this agreement is voluntary and informed.

- Electronic Acceptance: The User agrees that their electronic acceptance of this agreement, whether by clicking a checkbox, creating an account, or otherwise indicating assent, constitutes a valid and enforceable acceptance of the terms herein. The User waives any rights or requirements under applicable laws or regulations that require an original (non-electronic) signature or the delivery or retention of non-electronic records, to the extent permitted under applicable law.

- No Right to Revoke Acceptance: Once the User has accepted the terms and conditions of this agreement, they shall be bound by such terms, and the User agrees that they have no right to revoke or withdraw their acceptance, except as otherwise provided by applicable law or as explicitly permitted by Lead Boss CRM in writing.

- Amendment and Continued Use: The User acknowledges and agrees that Lead Boss CRM reserves the right to amend or modify this agreement at any time, as provided in the Amendments section above, and that continued use of the Service following such amendments or modifications constitutes the User's acceptance of the amended terms.

- Representations and Warranties: The User represents and warrants that they have the legal authority to enter into this agreement on behalf of themselves or any entity they represent, and that all information provided by the User during the registration process is accurate, complete, and current.

- Severability of Acceptance: If any provision of this Acceptance section is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The User’s acceptance of the remaining terms shall not be affected by the invalidity of any single provision.

19. Limitation of Use:

- Permitted Use: The User agrees to use the Service solely for its intended purpose, which is to manage customer relationships, leads, and related tasks within the context of land investment. Any use of the Service beyond its intended purpose is strictly prohibited and may result in termination of access to the Service.

- Prohibited Activities: The User agrees not to misuse the Service, including but not limited to engaging in unauthorized access, data scraping, reverse engineering, or any other activity that may harm or disrupt the Service, Lead Boss CRM, or other users.

20. Force Majeure:

- Unforeseeable Events: Lead Boss CRM shall not be liable for any failure or delay in the performance of its obligations under this agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, government regulations, fire, flood, earthquake, natural disaster, or any other event that is unforeseeable and beyond the control of Lead Boss CRM.

- Suspension of Services: In the event of a force majeure, Lead Boss CRM may suspend the provision of services without liability, and shall resume the services as soon as reasonably possible once the force majeure event has ended.

21. Confidentiality:

- Confidential Information: The User acknowledges that, during the term of this agreement, they may receive or have access to confidential or proprietary information of Lead Boss CRM, including but not limited to business plans, technology, customer information, pricing, and marketing strategies ("Confidential Information").

- Obligation to Protect: The User agrees to maintain the confidentiality of any Confidential Information and to use such information solely for the purpose of fulfilling their obligations under this agreement. The User shall not disclose any Confidential Information to any third party without the prior written consent of Lead Boss CRM.

- Exclusions: The confidentiality obligations do not apply to information that is publicly available through no fault of the User, is independently developed by the User without reference to Lead Boss CRM's Confidential Information, or is required to be disclosed by law.

22. Assignment:

- Assignment by Lead Boss CRM: Lead Boss CRM reserves the right to assign or transfer its rights and obligations under this agreement to any affiliate, successor, or acquirer of all or substantially all of its business or assets.

- Assignment by User: The User may not assign or transfer any rights or obligations under this agreement without the prior written consent of Lead Boss CRM. Any unauthorized assignment shall be null and void.

23. Entire Agreement:

- Entire Agreement: This agreement, together with any other documents expressly referred to herein, constitutes the entire agreement between the parties and supersedes any and all prior or contemporaneous oral or written agreements, representations, or understandings related to the subject matter hereof. Any modifications to this agreement must be in writing and signed by both parties.

24. No Waiver:

- No Waiver: The failure of either party to enforce any right or provision of this agreement shall not be deemed a waiver of such right or provision. Any waiver of any right or provision of this agreement must be in writing and signed by the party against whom the waiver is sought to be enforced.

25. Notices:

- Delivery of Notices: All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand; (b) when received by the addressee if sent by a nationally recognized overnight courier; (c) on the date sent by email, if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours; or (d) on the fifth day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the email addresses or addresses provided herein.

26. Severability:

- Severability: If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from this agreement and shall not affect the validity or enforceability of the remaining provisions. The parties shall endeavor to replace any such invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original economic intent of the parties.

27. Headings:

- Headings: The headings in this agreement are for reference purposes only and shall not affect the interpretation of this agreement.

28. Language:

- Governing Language: This agreement is made in the English language. If there is any discrepancy between this English version and any translation of this agreement, the English version shall prevail.

29. Contact Information:

- Customer Support: If the User has any questions, concerns, or requires assistance regarding this agreement or the Service, they are encouraged to contact Lead Boss CRM’s customer support team. Lead Boss CRM is committed to providing timely and effective support to address any issues that may arise.

- Contact Methods: Users may reach Lead Boss CRM through the following contact methods:

- Email: Support inquiries can be directed to Lead Boss CRM at [email protected]. Lead Boss CRM will make reasonable efforts to respond to email inquiries within 48 business hours.

- Mailing Address: Users may also send written correspondence to Lead Boss CRM at the following address:

- 975 E Riggs Rd #12-441, Chandler, AZ 85249

- Business Hours: Lead Boss CRM’s customer support team is available during regular business hours, Mon-Fri 8-5 PST, excluding national and local holidays. Inquiries received outside of business hours will be addressed on the next business day.

- Authority and Acknowledgment: By accepting this agreement, the User confirms that they have the full legal authority to enter into this agreement on behalf of themselves or the entity they represent. The User further acknowledges that they have read, understood, and agree to be bound by all terms and conditions of this agreement, and that their acceptance constitutes a legally binding obligation. The User affirms their intention to be legally bound by the terms of this agreement and to comply with all applicable obligations herein.

- Updates to Contact Information: Lead Boss CRM reserves the right to update or change its contact information as necessary. Users will be notified of any changes to the contact details through the Service or via email. It is the User’s responsibility to ensure that they have the most current contact information for Lead Boss CRM.