Terms and Conditions (“Terms”)
Last updated: May 25, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.campaigntrackly.com websites (the “Service”) operated by Leafwire Digital, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Our Terms and Conditions acts as a legally binding contract between you and us. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Leafwire Digital, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Leafwire Digital, LLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Leafwire Digital, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Leafwire Digital, LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Leafwire Digital, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Leafwire Digital, LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Leafwire Digital, LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Leafwire Digital, LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Leafwire Digital, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Leafwire Digital, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Leafwire Digital, LLC on a case-by-case basis and granted in sole discretion of Leafwire Digital, LLC. Please refer to our Refunds policy for more information.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The Service and its original content, features, and functionality are and will remain the exclusive property of Leafwire Digital, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the state of New Jersey, USA and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Leafwire Digital, LLC.
The recipient of any Confidential Information will not disclose that Confidential Information, except to Group Companies, Subprocessors, employees and/or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities may use such Confidential Information only to exercise rights and fulfill obligations under this Agreement while using reasonable care to protect it. The recipient may also disclose Confidential Information when required by law after giving reasonable notice, if legally permissible, to the discloser. Any such notice will be sufficient to give the discloser the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.
Confidential Information does not include information that: (a) the recipient of the Confidential Information already knew; (b) becomes public through no fault of the recipient; (c) was independently developed by the recipient, or (d) was rightfully given to the recipient by another party.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Leafwire Digital, LLC.
Leafwire Digital, LLC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Leafwire Digital, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Leafwire Digital, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Leafwire Digital, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. While we warrant that the Service will operate substantially and materially in accordance with its specifications and documentation on the CampaignTrackly Platform, other than the express warranty set forth herein, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Leafwire Digital, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function 100% uninterrupted, secure or available at any particular time or location; b) that the Service will be completely error-free; c) the Service will be suitable to meet your needs or intended applications or d) the Service will be compatible with or operate in the hardware, software or website configurations you select.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Leafwire Digital, LLC ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Leafwire Digital, LLC or any person for whom Leafwire Digital, LLC is responsible, and even if Leafwire Digital, LLC has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of the state of Jew Jersey, USA, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Please refer to our DPA. You agree that it constitutes part of these terms. The DPA is an amendment to the Terms and is effective as of May 25, 2019.
If you have any questions about these Terms, please contact us via the following methods below:
- Contact us via phone at (609) 664-0180. Just add this number as a contact for fastest response. Leave a message, providing your email address and user, and informing us about your refund request.
- Please allow for up to 24 business hours before we can respond.
- Contact us by receiving a call from us. Please email firstname.lastname@example.org your number and when you want us to call you. Please allow for 2 business days to process your request.
- Contact us by using our online chat. Please leave your user id, company name, first and last name and how to contact you.
- Contact us via email: email@example.com.
- Contact us via mail on the following address: 90 East Halsey Road Ste. 333 #218, Parsippany , NJ 07054. Please allow for 10 business days before we can respond.