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TERMS AND CONDITIONS FOR THE FENCL WEB DESIGN.COM, LLC WEB SITE USE AGREEMENT for LeadLinked™ Web Site, and Leads Group Sites Software (Patent Pending).

Last Updated (Monday, August 15, 2011)

Please read these terms and conditions carefully and fully. These Terms and Conditions are an integral part of your "Web Site Use Agreement" These Terms and Conditions, together with the "Web Site Use Agreement" executed by you constitute the agreement between Fencl Web Design.Com, LLC ("DEVELOPERS") (a Florida Corporation) and you (herein referred to as "Agreement"). The Agreement governs your use, in any manner, of the services provided, pursuant to this agreement. The use by you of the customized web site, the services assisting you in the use of the website, the design services provided in customizing the web site, and any other services provided by Fencl Web Design.Com, LLC are all cumulatively referred to hereinafter as the "Services". You must agree to and accept the terms of this Agreement in order to use the Services and the DEVELOPERS website customized for your use. BY SIGNING THE DEVELOPERS "WEB SITE USE AGREEMENT" AND ORDERING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE. DEVELOPERS reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Web site (the "Site" or "Web Site"). There will be a link in the Administration panel of your LeadLinked™ web site which links to this Agreement and of any changes to this Agreement. DEVELOPERS will post a notice of such changes or modifications to this Agreement on the Site for Sixty (60) days. DEVELOPERS may post changes or modifications to referenced Acceptable Use Policies without notice to you. Your continued use of Services following DEVELOPERS's posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the terms of this agreement, do not order our services. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify DEVELOPERS of your termination of this agreement.

1. Term and Payment for Services 1.1. Term. This Agreement shall be on a monthly basis. This Agreement will be automatically renewed on a month by month basis unless you provide DEVELOPERS with notice of termination as provided for in the "Web Site Use Agreement". 1.2. Termination Policy. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) DEVELOPERS will not refund to you any fees paid in advance of such termination, unless otherwise expressly provided in this Agreement. Your termination request or notice must be submitted to DEVELOPERS in the manner described in Section 1.1. DEVELOPERS may terminate this Agreement at any time and for any reason by providing to you written notice Sixty (60) days prior to the date of termination. If DEVELOPERS terminates this Agreement, DEVELOPERS will refund to you the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. 1.3 Default and Cure. In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within thirty (30) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement. 1.4. Charges. You agree to pay for all charges attributable to your use of the Services at the then current DEVELOPERS prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services. 1.5. Payment. All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must pay by direct charge to a credit card. When you choose to pay by credit or debit card upon registering for the Services, you thereby authorize DEVELOPERS to charge your credit or debit card to pay for any charges that may apply to your account. You must notify DEVELOPERS of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit DEVELOPERS from charging your account. If you fail to pay any fees and taxes within ten (10) days from applicable due date for credit card or invoice payments, your failure to pay any fees and taxes within fifteen (15) days after the applicable due date will be deemed a material breach of this Agreement, justifying DEVELOPERS suspension of its performance of the Services and/or termination of this Agreement. You are responsible for a $99 activation fee to reinstate Services. Any such suspension or termination would not relieve you from paying past due fees. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. 2. Use of Services 2.1. Applicable Use Policy. DEVELOPERS has certain legal and ethical responsibilities consisting with the use of the servers retained by it and the services provided. DEVELOPERS reserves the right to suspend or cancel a customer's access to any or all services provided by DEVELOPERS when we decide that the services provided have been inappropriately used. Any type of pornographic materials, hate materials, adult materials (adult material is not necessary limited to pornography), racial materials, or unlawful practices are prohibited. The DEVELOPERS Acceptable Use Policy (the "Usage Policy") governs the general policies and procedures for use of the Services. This Acceptable Use Policy may be updated from time-to-time. By using the services, you agree to be bound by the terms of the usage policy and any modifications. DEVELOPERS reserves the right to terminate your account for any violation of the usage policy or this agreement. 2.2. Web Hosting, Storage and Bandwidth Usage. DEVELOPERS offers a service uptime guarantee for the Services of 99% ("Service Uptime") of available time. If DEVELOPERS fails to maintain this level of service availability, you may contact DEVELOPERS and request a credit of 25% of your monthly fee from DEVELOPERS for that month. The credit may be used only on the monthly service fee from DEVELOPERS, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by: (i) periodic scheduled maintenance or repairs DEVELOPERS may undertake from time to time; (ii) errors caused by You from custom scripting or coding; (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email; (iv) causes beyond the control of DEVELOPERS or that are not reasonably foreseeable by DEVELOPERS ; and (v) outages related to the reliability of certain programming environments. Subject to the terms and conditions of this Agreement, DEVELOPERS shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that DEVELOPERS may undertake from time to time; or (iii) causes beyond the control of DEVELOPERS or that are not reasonably foreseeable by DEVELOPERS, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that DEVELOPERS has no control of availability of the Services on a continuous or uninterrupted basis. Total Service Uptime shall be solely determined by DEVELOPERS and shall be calculated on a monthly basis. DEVELOPERS may offer additional features and add on services. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by DEVELOPERS. Subject to the terms and conditions of this Agreement, DEVELOPERS shall use commercially reasonable efforts to provide Backup services on a seven (7) days per week basis throughout the term of this Agreement. You acknowledge and agree that from time-to-time the Backup services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that DEVELOPERS may undertake from time to time; or (iii) causes beyond the control of DEVELOPERS or that are not reasonably foreseeable by DEVELOPERS, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. DEVELOPERS's shared hosting servers are not an archive and DEVELOPERS shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. DEVELOPERS shall have no liability to You or any other person for Your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in DEVELOPERS's sole discretion, that shall impair the functioning or operation of DEVELOPERS's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that DEVELOPERS has the right to carry out an examination in the event of a compromise to Your web site or account. 2.3 Third Party Applications. Additionally, in the event You elect to install or seek assistance from DEVELOPERS in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant You have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless DEVELOPERS and its employees, officers and directors for, from and against any and all claims brought against DEVELOPERS and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party's rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by DEVELOPERS in connection with any such claims. 2.4 Password Confidentiality. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to prevent any loss or damage to Your web site content and to ensure the confidentiality of Your password. 2.5 Limitation on Use of Website. A website obtained through DEVELOPERS may not be shared by multiple locations. Example: A funeral home having 5 locations may not use one web site for all 5 locations. They must obtain a separate web site for each location, or they may obtain 5 separate accounts under one web site to combine all of the information under one web site. You may not sublet use of the website to anyone else, or to a different physical office location. 2.6 Information Usage. You agree not to post or submit anything abusive, obscene, vulgar, slanderous, hateful, threatening, advertising material, marketing material, sexually-orientated or any other material that may violate any laws or be construed as hurtful or harmful to others. You agree DEVELOPERS shall be held responsible for any information sent or submitted to you and/or to other users of the web site by other and other users of the web site including anything abusive, obscene, vulgar, slanderous, hateful, threatening, advertising material, marketing material, sexually-orientated or any other material. You agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent you agree DEVELOPERS shall not be held responsible for any hacking attempt that may lead to the data being compromised. 3. Enforcement 3.1. Investigation of Violations. DEVELOPERS may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. 3.2. Actions. DEVELOPERS reserves the right and has absolute discretion to restrict or remove from its servers (or servers reserved to host DEVELOPERS websites) any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, DEVELOPERS may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on DEVELOPERS's systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by DEVELOPERS which, in DEVELOPERS's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes DEVELOPERS to civil or criminal liability or public ridicule. It is DEVELOPERS's policy to terminate repeat infringes. DEVELOPERS's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If DEVELOPERS takes corrective action due to such possible violation, DEVELOPERS shall not be obligated to refund to you any fees paid in advance of such corrective action. 3.3. Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect DEVELOPERS's systems and customers, or to ensure the integrity and operation of DEVELOPERS's business and systems, DEVELOPERS may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on DEVELOPERS's servers and systems. DEVELOPERS also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. 4. Intellectual Property Rights 4.1. Your License Grant to DEVELOPERS. You hereby grant to DEVELOPERS a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term (for so long as you utilize the services of Fencl Web Design.Com) to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to DEVELOPERS a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. 4.2. DEVELOPERS Materials and Intellectual Property. All materials and intellectual property and property rights, including but not limited to any the website customized for your use and owned by DEVELOPERS, computer software (in object code and source code form), data or information developed or provided by DEVELOPERS or its suppliers or agents pursuant to this Agreement, and any know how, methodologies, equipment, or processes used by DEVELOPERS to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of DEVELOPERS or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by DEVELOPERS during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement. 4.3. Trademarks. You hereby grant to DEVELOPERS a limited right to use your trademarks, if any, for the limited purpose of permitting DEVELOPERS to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement. 4.4. DEVELOPERS maintains the right to use the Web Site for promotional purposes, such as in examples of clients using Fencl Web Design.Com software, and of the success and the statistics of the Web Site. Links to DEVELOPERS sites such as will be placed on the bottom of the pages of the Web Site near the copyright notice. 5. Warranty; Warranty Disclaimer. 5.1. Customer and/or Third Party Acts. DEVELOPERS is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, DEVELOPERS is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond DEVELOPERS's reasonable control. Due to the unpredictable nature of search engines there are no guarantees as to the outcome in search engine rankings, inclusion and placement. 5.2. No Express or Implied Warranty. All services, systems and products provided by DEVELOPERS under this agreement are provided without any express or implied warranty in fact or in law, whatsoever. You acknowledge and agree that DEVELOPERS exercises no control over, and accepts no responsibility for, the content of the information passing through DEVELOPERS's computers (or computers reserved to host DEVELOPERS websites), network hubs and points of presence, or the internet. DEVELOPERS does not warrant that the operation of the services will be uninterrupted or error-free. All services performed under this agreement are performed "as is" and without warranty against failure of performance including, without limitation, any failure due to computer hardware or communication systems. Except as expressly provided in this agreement, DEVELOPERS does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or conditions of quality, and any warranties with respect to patent, copyright, trade secret or trademark infringement. 5.3 Your Warranties and Representations to DEVELOPERS. You warrant, represent, and covenant to DEVELOPERS that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance. 6. Limitation and Exclusion of Liability 6.1. Limitations. In no event shall DEVELOPERS have any liability for unauthorized access to, or alteration, theft or destruction of information distributed or made available for distribution via the services through accident, fraudulent means or devices. DEVELOPERS shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if DEVELOPERS has been advised of the possibility of such damages. In any event, the liability of DEVELOPERS to you for any reason and upon any cause of action shall be limited to the amount actually paid to DEVELOPERS by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by DEVELOPERS under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release DEVELOPERS from any and all obligations, liabilities, and claim in excess of the limitation stated in this section 6.1. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. 6.2. Interruption of Service. You hereby acknowledge and agree that DEVELOPERS will not be liable for any temporary delay, outages or interruptions of the Services. Further, DEVELOPERS shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure). All software, hardware and IP addresses provided by DEVELOPERS are leased to the Customer and remain the property of DEVELOPERS. DEVELOPERS reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion. Customer will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Customer agrees to remove all uploaded software, data and content prior to the termination date of the contract. DEVELOPERS will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date. For any reason DEVELOPERS stops offering web hosting to Customers, or would like to cancel a Customers account, the Customer or Customers will receive at least (90) days notice to move their content from DEVELOPERS servers. Customer agrees that it shall defend, indemnify, save and hold DEVELOPERS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DEVELOPERS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DEVELOPERS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DEVELOPERS server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from DEVELOPERS server. DEVELOPERS will not be responsible for any damages your business may suffer. DEVELOPERS is not responsible for any down time, lost files, improper links or any other loss that may occur in the operation of the Web Site. DEVELOPERS makes no warranties of any kind, expressed or implied for services we provide. DEVELOPERS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lost e-mail and any and all service interruptions caused by DEVELOPERS and its employees. DEVELOPERS reserves the right to revise its policies at any time. DEVELOPERS is not responsible for hackers, virus, Acts of God, Acts of War, terrorism, vandalism, or network outages. Upon the discovery of facts which reasonably indicate that DEVELOPERS has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Customer shall promptly notify DEVELOPERS of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Customer must commence any legal action against DEVELOPERS with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to DEVELOPERS as requested by Customer anytime during the twelve (12) month period following such notification, DEVELOPERS shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Customer for all incidents, problems, and/or failures up to a maximum of all sums paid to DEVELOPERS for web hosting service fees. Payment will be made via company check from DEVELOPERS. The remedies set forth in this paragraph are Customer's sole and exclusive remedies should DEVELOPERS breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty. You hereby acknowledge and agree that DEVELOPERS will not be liable for any temporary delay, outages or interruptions of the Services. Further, DEVELOPERS shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure). 7. Indemnification. You will defend, indemnify and hold harmless DEVELOPERS and its members, managers, officers, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your improper or illegal use of the Services; or (iv) any claim relating to your services or products, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity). 8. Miscellaneous 8.1 Confidentiality. The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years. 8.2. Notices. All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered. 8.3. Choice of Law and Forum. This agreement will be governed by the laws of the United States and the state of Florida, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the state courts located in Brevard County Florida, and you irrevocably consent to the jurisdiction of such courts. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney's fees and costs, including expert witness fees. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. 8.4. Entire Agreement. This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties. 8.5. No Fiduciary Relationship; No Third-Party Beneficiaries. DEVELOPERS is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto. 8.6. Assignments. You may not transfer or assign your rights, duties, or obligations under this Agreement without DEVELOPERS's prior written consent. DEVELOPERS may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees. 8.7. No Waiver. DEVELOPERS's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of DEVELOPERS's right to subsequently enforce such provision or any other provisions under this Agreement. 8.8. Severability. If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. 8.9. Survival. All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement. 9. Costs 9.1 Monthly Service fee for the LeadLinked™ Web Site and LeadLinked Software is $19.00 per month for up to the first 30 users and each additional user over 30 users is $0.99 per month. LeadLinked™ may be improved with new features added over time, and the price may increase. 9.2 Payment Information. At DEVELOPERS we accept Visa, MasterCard, Discover and American Express as our preferred payment methods. Your payment information will be handled securely and will not be shared with others. I authorize DEVELOPERS to charge my purchases to my credit card. I also agree that no "charge-backs" will be issued, prior to making contact with DEVELOPERS to settle any disputes and acquiring written agreement to perform a "charge-back". 9.3 Setup Fee. The standard LeadLinked™ web site setup fee is $995. There may be additional charges if custom graphics or other customizations are required. Customized items are quoted on an individual basis. 9.4 Cancellation. There are no refunds on setup fees or the first month's web site usage payment. There are no refunds on past or prior services. There is no long term commitment, so you may cancel at anytime. However, any payments still owed for past usage still apply.

I agree to terms and service