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Leads Qnline <br />Real Time Crime • CellHawk • Toolbox <br />6900 Dallas Parkway, Suite 825 Phone (972) 361-0900 <br />Plano, Tx 75024 Fox (972) 361-0901 <br />leodsonline.com Toll -Free (800) 311-2656 <br />3. WARRANTY DISCLAIMER. <br />THE SERVICE IS PROVIDED 'AS IS' WITHOUT WARRANTY. LEADSONLINE DISCLAIMS ALL WARRANTIES, <br />INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS <br />FOR A PARTICULAR PURPOSE. WHILE LEADSONLINE TAKES REASONABLE PHYSICAL, TECHNICAL, AND <br />ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, CUSTOMER UNDERSTANDS THAT THE SERVICE MAY <br />NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED. <br />While Customer acknowledges that the Service may not be error -free and may not fully meet Customer's expectations, <br />LeadsOnline does warrant that the Service is free from defects that will substantially affect performance, and that it has <br />used commercially available tools designed to discern that no viruses or other security defects are present. LeadsOnline <br />further warrants that the Service will function substantially in accordance with the Order Form. LeadsOnline will not <br />intentionally cause or introduce any defect, virus, Trojan horse, spyware, malware, or other program code designed to <br />erase, disable, or otherwise harm or interfere with Customer's equipment, data, or other programs. <br />LeadsOnline cannot control the decisions and actions of Customer. LeadsOnline expressly disclaims and does not <br />undertake or assume any duty, obligation or responsibility for any decisions, actions, reactions, responses, inaction by <br />Customer or any other party as a result of or reliance on, in whole or in part, any use of the Service or information derived <br />from it, orfor any consequences or outcomes including death, injury, loss or damage to any property arising from orcaused <br />by any such actions decisions, reactions, responses, or inaction. <br />4. PAYMENT. <br />a. Fees and Payment. Customer must pay all fees as specified on the Order Form, but if not specified, then within 30 <br />days of receipt of an invoice. The fees are exclusive of sales, use, withholding, VAT, and other similar taxes, and if <br />required by law Customer is responsible for payment of such taxes. <br />b. Nonpayment. LeadsOnline will provide electronic notice (within the Service) and notice to the email registered with <br />LeadsOnline (Customer is responsible for maintaining an updated email address with LeadsOnline) of the non-payment <br />of an open invoice. If the payment is not made within 7 days of the first notice, then LeadsOnline may suspend Service <br />and Support until the amount is paid in full or terminate the Service upon 30 days' notice under Section 9(c). <br />5. MUTUAL CONFIDENTIALITY. <br />a. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party <br />(Discloser) to the other party (Recipient), whether orally, visually, or in writing, that is designated as confidential or <br />that reasonably should be understood to be confidential given the nature of the information and the circumstances of <br />disclosure (Confidential Information). LeadsOnline's Confidential Information includes, without limitation, the Service. <br />Customer's Confidential Information includes, without limitation, the Customer Property. <br />b. Protection of Confidential Information. Recipient must use the same degree of care that it uses to protect the <br />confidentiality of its own confidential information of like kind (but not less than reasonable care) to: (i) not use any <br />Confidential Information of Discloser for any Purpose outside the scope of this agreement; and (ii) limit access to <br />Confidential Information of Discloser to those of its and its Affiliates' employees and contractors who need that access <br />for Purposes consistent with this agreement, and who have a legal obligation under law or policy regarding <br />confidentiality or have signed confidentiality agreements with Recipient containing protections not materially less <br />protective of the Confidential Information than those in this agreement. <br />c. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without <br />breach of any obligation owed to Discloser; (ii) was known to the Recipient before its disclosure by the Discloser without <br />breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed <br />to Discloser; or (iv) is independently developed by the Recipient without use of or access to the Confidential Information. <br />The Recipient may disclose Confidential Information to the extent required by law or court order but will provide <br />Discloser with advance notice to seek a protective order unless otherwise directed by the court. <br />© 2000-2023 LeadsOnline, LLC. Confidential Information. All rights reserved. <br />