The following terms and conditions (“Terms” or the “Agreement”) govern the use of any site owned by Lead Paramedic LLC and all companies and brands controlled by, or under common control with Lead Paramedic LLC, including MailGenius LLC ("Company,” “we,” “our,” “us”). The sites are including but not limited to www.leadparamedic.com, www.mailgenius.com, and include any sub-domains thereof, affiliated websites, and mobile applications we operate (collectively, the “Site”) and any product or service made available through the Site. This Site, including any of Company's product or service, is provided to you subject to your compliance with these Terms and any other operating rules, policies (including, without limitation, Company’s Privacy Policy), and procedures that Company may publish from time to time on the Site. By accessing and/or using our Site and our products or services, you are agreeing to be bound by the terms and conditions of this Agreement, which constitute a binding legal agreement between us. In some cases, your use of certain services may be subject to additional terms, which will be presented to you when you sign up to use or engage in those services.

TABLE OF CONTENTS

1. Site Use

2. Changes to these Terms

3. Privacy and Security Disclosure

4. Accuracy, Completeness, and Timeliness of Information

5. Intellectual Property

6. User Conduct

7. Account Registration

8. Social Media

9. User-Submitted Content

10. Copyright Notice

11. DISCLAIMER OF WARRANTIES

12. DISCLAIMER OF LIABILITIES

13. Indemnification

14. Third-Party Websites and Links

15. Testimonials, Reviews, and Other Submissions

16. Electronic Communications 

17. Assignment 

18. No Waiver 

19. Choice of Law

20. Severability 

21. Termination

22. Entire Agreement 

23. Questions or Additional Information

TERMS OF SERVICE

1. Site Use

By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. Changes to these Terms

Company reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can review the most current version of these Terms at any time by visiting this page (https://www.leadparamedic.com/terms-of-service1). It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.

3. Privacy and Security Disclosure

Company’s Privacy Policy may be viewed at https://www.leadparamedic.com/privacy-policy1. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of this Agreement. Company reserves the right to modify the Privacy Policy at its sole discretion.

4. Accuracy, Completeness, and Timeliness of Information

The material on the Site is provided for general informational purposes only. While we endeavor to provide accurate and current information on our Site, there may be information on our Site that contains typographical errors, inaccuracies, or omissions related to product or service descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice. 

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. 

5. Intellectual Property

The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, Submissions (defined below), articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, third-party apps, and any other content on the Site (“Content”) and the trademarks, service marks, and logos contained therein are the property of Company and its third-party licensors or providers. You acknowledge that you do not acquire any ownership rights to Company’s Content by using the Site. Company reserves all rights not expressly granted in and to the Site.

6. User Conduct

You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site and its products or services, you agree not to: 

- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

- Use the Site for any unlawful purpose;

- Express or imply that any statements you make are endorsed by us, without our prior written consent;

- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;

- Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising;

- “Frame” or “mirror” any part of the Site without our prior written authorization;

- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

- Harvest or collect information about visitors to the Site without their express consent;

- Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site; or

- Transmit any Content which contains software viruses or other harmful computer code, files, or programs.

7. Account Registration

In order to access some of the products or services of the Site, you may be required to create an account. By creating this account, you agree to the following:

- You may only maintain a single account;

- You may never share your account user name or password or knowingly provide or authorize access to your account; 

- You may never use another user’s account without permission;

- When creating your account, you must provide accurate and complete information;

- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;

- You must notify us immediately of any breach of security or unauthorized use of your account; and

- You will be liable for any use made of your account or password and the losses of Company or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

- Company may send you periodic product/service updates and other communications, which are considered part of the Company’s services, which you may not be able to opt-out from receiving.

- Company has the right, in its sole discretion, to cancel your account or suspend your access to the Site.

8. Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“Social Media Presence”). 

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Company, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

9. User-Submitted Content

We may display information that you have willingly provided to us on our sites. We have the right to remove any user-submitted content at any time for any reason.

10. Copyright Notice

The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement: 

Lead Paramedic LLC

Attn: Copyright Agent

4604 49th Street N

Suite 1443

St. Petersburg, FL 33709

Tel. (321) 615-3018

Email: [email protected]

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. 

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

11. DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONSENTS, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED TRHOUGH THE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS OR SERVICES, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER COMPANY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, COMPANY IS FOUND LIABLE UNDER ANY THEORY, COMPANY LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER COMPANY WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Company, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your use of the Site and any Company product or service, (2) your breach of these Terms or the documents they incorporate by reference; (3) your breach of any representations or warranties in this Agreement; or (4) your violation of any law or the rights of a third-party.

14. Third-Party Websites and Links

Our Site may include materials from third parties or links to third-party websites. Company is not liable for any third-party materials or websites. Please carefully review the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

Company may receive affiliate commissions or other compensation from certain links, businesses, products, services, advertisers, individuals, etc, you see on Company's sites, emails, or content. All claims and opinions you see are those of the businesses, individuals, or writers listed and do not necessarily reflect the opinions of Company. Company attempts to only promote affiliate products from good, trustworthy third-parties, but please do your own research to determine where you spend your time and money.

15. Testimonials, Reviews, and Other Submissions

Company is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or review that you provide Company is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Company may use testimonials and/or product/service reviews, in whole or in part, together with the name and city/state/country of the person submitting it. Testimonials may be used for any form of advertising relating to Company’s products or services, in printed and online media, as Company determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services.

Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

Additionally, Company reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Company shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

16. Electronic Communications 

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 

17. Assignment 

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Company and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Company’s business is transferred to another entity by way of merger, sale of its assets, or otherwise. 

18. No Waiver 

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Choice of Law

This Agreement, any access to or use of the Site will be governed by the laws of the state of Florida, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in St. Petersburg, Florida.

20. Severability 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

21. Termination

In the event that we terminate this Agreement, Sections 1-27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

22. Entire Agreement 

These Terms, the Agreement, and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and Company, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

23. Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following: 

Lead Paramedic LLC

4604 49th Street N

Suite 1443

St. Petersburg, FL 33709

Tel. (321) 615-3018

Email: [email protected]

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