B2B Lead Generation
The terms and conditions set forth herein constitute the full and complete agreement for Services (hereinafter “Agreement”) between White Peak Growth Partners, LLC, of 1 E. Liberty Street, Suite 600, Reno, Nevada 89501 (hereinafter “White Peak” or “Us” or “We” or “Our”), and the entity listed as the User in the above form, (hereinafter “User” or “You” or “Your”).
2. PURCHASED SERVICE.
White Peak’s B2B Lead Generation services shall be provided by White Peak to You throughout the Subscription Term purchased by Your employer. The Services may include original content created for You. Through the Service, White Peak will also interact with and export information to or from third party services, including through features that allow Us to link Our technology with Your account on a third party service such as LinkedIn.
3. LINKEDIN OTHER THIRD PARTY SERVICES.
You are solely responsible for maintaining Your accounts on third party services, including LinkedIn, in good standing and complying with any applicable third party terms of service and laws. By agreeing to this Agreement, You authorize White Peak to act as Your agent and to take actions on Your behalf on or through the third party services and You agree that White Peak may transfer information to or from the applicable third party services on Your behalf and execute commands on or through such services at Your direction. Third party services are not under White Peak’s control, and, to the fullest extent permitted by law, White Peak is not responsible for the use of exported information to or from any third party service that is performed on Your behalf. The Service may also contain links to third party websites. Linked websites are not under White Peak’s control, and We are not responsible for their content.
4. TERM OF PURCHASED SUBSCRIPTIONS.
This Agreement shall become effective as of the date You accept this Agreement (the “Effective Date”) and shall continue until the end of Your employer’s subscription with White Peak (the “Term”), unless either Party terminates this Agreement as defined herein.
5. PAYMENT FOR PURCHASED SERVICES.
Your employer has agreed to pay White Peak for Services on Your behalf.
6. WARRANTIES OF TITLE.
User represents and warrants that the use of all elements that User provides to White Peak for Services or otherwise, including text, images, copy, keywords or keyword phrases, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy and publicity rights, contractual rights, or other rights of any third party.
7. DISCLAIMERS; NO WARRANTIES.
The Service and all materials and content available through the Service are provided As Is and on an As Available basis. White Peak disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (A) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (B) any warranty arising out of course of dealing, usage, or trade. White Peak does not warrant that the Service or any portion of the Service, or any material or content offered through Service, will be uninterrupted, secure, or free of errors, virus, or other harmful components, and White Peak does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by You from the Service or White Peak Entities or any material or content available through the Service will create any warranty regarding any of the White Peak Entities or the Service that is not expressly stated in there terms. We are not responsible for any damage that may result from the Service and Your dealing with any other service user. You understand and agree that You use any portion of the Service at Your own discretion and risk, and that We are not responsible for any damage to Your property (including Your computer system, mobile device or online accounts used in connection with the Service) or any loss of data, including user content.
The Limitations, Exclusions and Disclaimers in this Section apply to the fullest extent permitted by the law.
8. LIMITATION OF LIABILITY.
To the fullest extent permitted by law, in no event will the White Peak Entities be liable to You for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to Your access to or use of, or Your inability to access or use, the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statue or any other legal theory, and whether or not any White Peak Entity has been informed of the possibility of damage.
To the fullest extent permitted by law, the aggregate liability of the White Peak Entities to You for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to $100.
9. GOVERNING LAW.
This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.
This Agreement may not assigned to another party, in whole or in part, without White Peak’s written consent. Any attempt to assign this Agreement without such consent will be null and void.
11. MODIFICATION OF THE SERVICE.
White Peak reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without advanced notice to You. White Peak will have no liability for any change to or discontinuation of the Service or any suspension or termination of Your access to or use of the Service.
To the fullest extent permitted by law, You are responsible for Your use of the Service, and You will defend and indemnify White Peak and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ White Peak Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) Your unauthorized use of, or misuse of, the Service; (b) Your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) Your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between You and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with our defense of those claims.
Either Party may terminate this Agreement by providing written notice of termination to the other Party at any time. If this Agreement is Terminated, We will discontinue the Service provided on Your behalf within two (2) business days.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
15. ENTIRE AGREEMENT.
This Agreement, and any and all exhibits and attachments are the complete and exclusive agreement between the Parties with respect to the Services, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both Parties.
16. IN WITNESS WHEREOF,
White Peak and You enter into this Agreement with the intent of being mutually bound by its terms. By accepting this End User Agreement (i.e. this Agreement), You warrant and represent that You have the authority and capacity to bind the User.
To accept this Agreement, click the “Accept” button at the prompt above.
Effective as of 2/1/2019