This Agreement was last updated on October 1, 2017 (“Effective Date”).
By accessing the Website or Services, You represent and warrant that You have read and understood, and agree to be bound by these TOU and that You acknowledge the adequacy of consideration of this Agreement. Please review this document carefully, as it is a legally binding document between You and Starlingglobal.com. BY ACCEPTING THIS AGREEMENT, EITHER THROUGH CLICKING ‘GO’ OR CLICKING A BOX INDICATING ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT EXECUTE AN ORDER FORM OR OTHERWISE ACCEPT THIS AGREEMENT AND MAY NOT USE THE STARLINGLEADS.NET SERVICES.IF YOU DO NOT AGREE TO THESE TOU, YOU ARE PROHIBITED FROM ACCESSING THE WEBSITE AND THE SERVICES AND MUST EXIT IMMEDIATELY.
The Website and Services are not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
1. Privacy Statement. By accessing the Website, You consent to the collection and use of certain information about You, as specified in the Starlingleads.net Member and Web Site Visitor Privacy Statement, incorporated hereto. Starlingleads.net encourages users of the Website to frequently check the Privacy Statement. By accessing the Website, you represent and warrant that You have read and understood, and agree to be bound by, the Privacy Statement. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE PRIVACY STATEMENT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
2. Modification to Privacy Statement. STARLINGGLOBAL.COM. RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE PRIVACY STATEMENT AT ANY TIME. To the maximum extent permitted and enforceable under applicable law, we reserve the right to modify the terms and conditions of the Privacy Statement at any time, effective upon the posting of an updated version of the Privacy Statement. You are responsible for regularly reviewing the Privacy Statement and continued use of the Services after any such changes shall constitute Your consent to such changes. Notice of any such change will be given by the posting of an updated Privacy Statement or a change notice on the Website. It is Your responsibility to review the Privacy Statement periodically. If at any time You find any unacceptable, You must immediately leave the Website and refrain from using the Website and Services.
1. Member Registration. By accessing the Website, You are not automatically a Starlingleads.net Connect Member; You are a “Website Visitor”. In order to become a Starlingleads.net Connect Member, You are required to complete a registration process. You certify, represent and warrant that the information You provide therein is true, accurate, complete, current, and that it belongs to You. You shall keep Your information complete and up-to-date at all times. Failure to maintain Your registration information may cause Your access to the Services to be interrupted, suspended, or terminated. You are responsible for monitoring Your account, changing Your password periodically and notifying Starlingleads.net immediately of any unauthorized use or breach of security of Your password.
2. Members and Contacts. Your Member registration information is not automatically entered into Starlingleads.net Connects proprietary business directory (the “Directory”), which contains, among other things, Company, and Contact. You may, however, choose to enter Your own business contact information into the Directory, and thereby become a “Contact” in the Directory. Likewise, another Member may enter Your business contact information in the Directory, regardless of whether You have registered on the Website. Please note: as a Member, you may contribute to and access the Directory; however, you do not retain any ownership rights in the Directory. Likewise, information contributed to the Directory may be shared with other Members and with third parties, in Starlingleads.net’s discretion. To learn more about our Directory, please visit the Privacy Statement.
3. Screen Name. In order to access certain Services as a Member, We will assign you a unique screen name as Your public identity on the Website. Your screen name identifies You to other Members.
Subject to Your compliance with the terms and conditions of this Agreement, and any other agreement between You and Starlingleads.net, Starlingleads.net grants You a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Starlingleads.net, Starlingleads.net Connect, or any other party. In the event that You breach any provision of this Agreement, Your rights under this paragraph will immediately terminate. By accepting this license, You agree that all information contained in the Directory is the proprietary, confidential information of Starlingleads.net, that You will safeguard and protect such information, and that You will use the information in accordance with this Agreement’s Code of Conduct. Your obligations set forth in this Agreement shall survive termination of this Agreement. To the extent You elect to submit contact or company information (including portions thereof) to Starlingleads.net for inclusion in the Directory, You hereby grant Starlingleads.net a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Website and Services any such submitted information (including any portions thereof submitted by You) and distribute such information through the Website and Services.
This section sets forth the Starlingleads.net Connect Code of Conduct (the “Code”). All Members and Website Visitors must fully comply with this Code at all times. You certify, represent and warrant that You will not violate this Code.
1. Restrictions on Inputting Information. You shall not enter illegal or improper information into the Website or in or through the Services, including, without limitation, the following:
a. Information that You do not have the necessary rights and/or licenses to enter.
b. Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
c. Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
d. Information that infringes the copyrights or intellectual property rights of others;
e. Information that is personal or non-business related, including, but not limited to, home addresses, Social Security numbers, credit card numbers, mobile or cellular telephone numbers;
f. Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable, or which may solicit information from anyone under the age of 18;
g. Information that is defamatory, libelous, fraudulent, knowingly incorrect, or invasive of privacy or publicity rights of others;
h. Information that advocates or encourages conduct that could constitute a criminal offense;
i. Information that is actionable or may subject Starlingleads.net to legal action or liability of any kind;
j. Information that violates any applicable local, state, national or international law, regulation, or convention; or
k. Information that violates any provision of this Agreement or any other agreement or policy set forth by Starlingleads.net.
2. Use of Information Obtained via Website/Services. Starlingleads.net has no actual control over Your use of information outside the Website. You shall not access the Website or Services for any purposes or in any manner that is illegal or improper, including, without limitation, the following:
a. For any purpose, activity or in any manner that is criminal, illegal or actionable;
b. In violation of any local, state, national or international laws, regulations or conventions;
c. To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
d. For unethical marketing activities;
e. To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
f. To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
g. To prepare or compile information that is distributed in any manner or form to any third-party;
h. To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
i. In connection with any individual credit, employment, or insurance decision;
j. To disclose or solicit the private, non-business, information of any person;
k. For sale, re-sale, sub-license, commercial use, or redistribution of any kind, without Starlingleads.net’s express, prior consent.
3. Acts against the Website/Services. You shall not attempt to or engage in potentially harmful acts that are directed against the Website or Services including, without limitation, the following:
a. Using the Website or Services in contravention of any other agreement to which You are a party, including without limitation any employment agreement to which You may be a party;
b. Failing to maintain an acceptable Member rating;
c. Causing, allowing or assisting any other person to use Your account or impersonate You;
d. Sharing Your password or login with any other person;
e. Logging onto a server or account that You are not authorized to access;
f. Forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting Your identity or affiliation with any person or entity;
g. Emulating or faking usage of the Website or Services;
h. Violating or attempting to violate any security features of the Website;
i. Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Website;
j. Falsely stating or otherwise misrepresenting Your affiliation with any person or entity;
k. Introducing viruses, worms, software, Trojan horses or other similar harmful code into the Website or Services;
l. Interfering or attempting to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website;
m. Causing, allowing or assisting machines, bots or automated services to access or use the Website or Services without the express written permission of Starlingleads.net;
n. Tampering with the operation, functionality or the security of the Website or Services;
o. Attempting to override or circumvent any security or usage rules embedded into the Website or Services that permit digital materials to be protected;
p. Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures;
q. Misusing, tricking, disrupting or otherwise interfering with the functioning of the Website or Services;
r. Harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means;
s. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Website or Services;
t. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
u. Uploading, posting, transmitting, sharing, storing or otherwise making available any content that Starlingleads.net deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; and
v. Without Starlingleads.net’s prior, express consent, advertising or selling any products, services or otherwise (whether or not for profit), or soliciting others or using the Website for commercial purposes of any kind.
4. Suspected Misuse and Penalties. Starlingleads.net may monitor the Website and Services for misuse of the Code. Starlingleads.net shall be the sole and final arbiter of suspected Code violations, misuse and penalty. For suspected violations, and without limiting any of its other remedies, Starlingleads.net reserves the right to immediately and without notice:
a. Delete or modify content;
b. Assess penalty points to Your account;
c. Suspend Your account;
d. Terminate Your account;
e. Identify You to third parties;
f. Take legal action.
Starlingleads.net intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. Starlingleads.net reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Code.
he Website and all content and materials located thereon, including without limitation any Starlingleads.net names and logos (the “Starlingleads.net”), the Services, Directory, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of Starlingleads.net or its licensors. Except as explicitly provided, neither the Website nor this Agreement grant You any right, title or interest in or to any such content or materials. The Starlingleads.net Marks are trademarks or registered trademarks of Starlingleads.net. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. The Website is Copyright © 2004, Starlingleads.net Data Corporation, ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by Starlingleads.net in a signed writing, You have no intellectual property or other rights in the information You contribute to the Directory.
As Starlingleads.net asks others to respect its intellectual property rights, Starlingleads.net respects the intellectual property rights of others. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Likewise, if You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want Starlingleads.net to delete, edit, or disable the material in question, You must provide Starlingleads.net with all of the following information:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Starlingleads.net to locate the material;
4. information reasonably sufficient to permit Starlingleads.net to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted;
5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
1. NO WARRANTIES ALTHOUGH STARLINGLEADS.NET TAKES REASONABLE MEASURES TO KEEP THE WEBSITE AND SERVICES ERROR-FREE AND SAFE, YOU ACCESS THEM AT YOUR OWN RISK. STARLINGLEADS.NET, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER STARLINGLEADS.NET NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE.
2. YOUR RESPONSIBILITY FOR DAMAGE YOU AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD STARLINGLEADS.NET OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
3. YOUR RESPONSIBILITY FOR YOUR ACTIONS YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER WEBSITE VISITORS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE OR THROUGH THE SERVICES THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE.
4. LIMITATION OF LIABILITY YOU AGREE THAT NEITHER STARLINGLEADS.NET, ITS DIRECTORS, EMPLOYEES, AND AGENTS, NOR ITS LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR ACCESS OF THE WEBSITE OR THE SERVICES. STARLINGLEADS.NET IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD-PARTIES (INCLUDING OTHER WEBSITE VISITORS OR MEMBERS), AND YOU RELEASE STARLINGLEADS.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES. IN THIS REGARD, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE LIABILITY OF STARLINGLEADS.NET, ITS DIRECTORS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STARLINGLEADS.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO STARLINGLEADS.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS AND SUPPLIERS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF STARLINGLEADS.NET, ITS DIRECTORS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $50.00 USD.
5. APPLICATION THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY BETWEEN YOU AND STARLINGLEADS.NET OR BETWEEN YOU AND ANY OF STARLINGLEADS.NET’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
1. Method You may terminate this Agreement at any time, for any or no reason at all, by providing Starlingleads.net written notice
Starlingleads.net’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement.
Starlingleads.net may assign its rights and duties under this Agreement to any party at any time without notice to You. Your rights and duties under this Agreement are not assignable by You without written consent of Starlingleads.net.
Headings are used for convenience only and are not to be used for meaning or intent.
This Agreement, along with Your Plan Details, and any other signed writing between You and Starlingleads.net regarding the Services, constitutes the entire understanding between You and Starlingleads.net and supersedes any prior or contemporaneous communications or provisions on the subject matter. This Agreement cannot be modified, unless in a writing labeled “Modification to TOU”, executed by both You and an officer of Starlingleads.net.
Starlingleads.net values Your enthusiasm of its Website and Services. If You have any questions, comments, suggestions, or concerns, or if You would like to provide any notice under this Agreement, please contact us via email at:
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