Registration and Application
Lead Pier is only available to individuals who can legally enter into contracts under applicable laws and regulations. In order to begin the registration process, you will be required to complete an accurate application. In order to join the network and enter into such contracts, you must be at least 18 years old and you must have the equipment required to access this site available to you. This site is not eligible for use by individuals who are not yet 18 years old, so no permission to use this site is granted to individuals who are not yet 18. Similarly, if any of the information you include on your application changes at any time, you are required to inform us so that we can make the necessary changes in your account profile.
Acceptance of this Agreement
You understand and agree with all of the Terms and Conditions outlined here with respect to your use of this website. These Terms and Conditions constitute the entire and only agreement between you and us with respect to your use of this site, and it takes the place of any other understanding, warranty, representation or contemporaneous agreement with respect to the site. You also understand that we have the right to change these Terms from time to time at our sole discretion and without any prior notice to you. When we make such modifications, they will become effective immediately and the date of the latest agreement will be posted on this site. You should always take the time to review these Terms each time you use this site. By continuing to use the site after the changes have been made, you signify that you have agreed to comply with the changes. If you do not agree to the modified Terms, please do not use this website in any way.
Lead Pier Network
You can only utilize the affiliate marketing network operated by Lead Pier when you register on the site and complete the applicable agreement. Our network allows:
- Interested third party affiliates such as advertising agencies, advertisers, publishers and marketers to obtain creative materials for various products or services on affiliate websites and advertise these through online media as authorized by Lead Pier; and
- Interested advertisers to attract and retain various affiliates in connection with the marketing of their products and services.
We reserve the right to disallow any conduct by advertisers or affiliates. Similarly, we take no responsibility when it comes to the monitoring or policing of the use of creative materials or any other activity of affiliates, advertisers and other third parties. You understand that we are not responsible in any way for such creative materials or other information. You also agree that we will never be held liable or have any obligation to you regarding any creative materials or other information that appears in Lead Pier or that is made available through this site.
When you use our network and other areas of this site, please execute online safety and common sense. You are solely responsible for your interactions with the other users of this site which include advertisers, affiliates and other third parties. In the event that a dispute should arise between site users, advertisers, affiliates and other third parties, you release any and all claims, damages and demands, whether actual or consequential, known or unknown, disclosed and undisclosed, suspected and unsuspected, which may arise from your use of or connection with these disputes. We reserve the right but have no obligation to monitor or police any dispute between you, other site users, affiliates, advertisers or third parties.
We provide you with a limited, revocable, non-exclusive, non-transferable license to access and use this site and all of the associated content according to these Terms. Whether you are an affiliate or advertiser, you are subject to any and all restrictions contained within the network agreement in regard to the use of the creative materials, the Lead Pier network and all other materials made available herein. We may terminate this license at any time and at our sole discretion without any prior notice to you. You can use this site on one computer for your own personal and non-commercial use. You may not reproduce any part of this site or incorporate it into any sort of information retrieval system, whether it is mechanical or electronic in nature. You cannot decompile, disassemble, clone, rent, copy, lease, modify, sell, copy or emulate any part of the creative materials, the site or the content that is featured within. Lead Pier reserves any right that is not explicitly provided within these Terms. You are not allowed to use any sort of device, routine or software to interfere with or attempt to interfere with the proper working order of the site or the Lead Pier agreement. Similarly, you may not perform any action that imposes an unreasonably large load on the infrastructure of Lead Pier. You may not transfer your right to use this site to any other party or entity.
Any of the creative materials, graphics, design, translation, digital conversion, software, services, organization and any other matter or content that is related to this website and the network are protected under various copyright, trademark, intellectual and other proprietary laws. Any republication, redistribution or copying of any part of this site, our network or the creative materials herein, whether in full or in part, is strictly prohibited. You will not acquire any ownership rights to any of the content, documents, materials, software, services or creative materials viewed through this site or through our network. The posting of materials or other information on this site or on our network by Lead Pier is not a waiver of any right in such materials or information. There is no provision of intellectual property rights in the content you access or the services you use when you use this site and Lead Pier’s services.
Our Right to Edit, Delete or Modify
We have a right, in our sole discretion and with no prior notice to you, to edit, delete or otherwise modify documents, information and other content that appears on this site at any time.
You agree that you will hold Lead Pier, its parent company, subsidiaries, affiliates and their respective members, officers, employees, agents, co-branders, directors and other partners harmless from and against any claim or expense including reasonable attorney fees, damages, suits, costs, demands or judgments made by any third party which arises from or is due to:
- Your use of this site, the network or the creative materials incorporated herein;
- Your breach of these Terms or this agreement; and/or
- Any dispute which may arise between you and any site user, affiliate, advertiser, third party or other entity.
The provisions of this policy are for the benefit of Lead Pier, its parents, subsidiaries, affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners. Each of these individuals, parties and entities have the right to enforce each of these provisions against you directly on their own behalf.
THIS WEBSITE, THE NETWORK, ALL OF THE CREATIVE MATERIALS, PRODUCTS OR SERVICES THAT YOU MAY APPLY FOR THROUGH THIS SITE ARE PROVIDED TO AND AVAILABLE TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS. ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, IS DISCLAIMED TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE DISCLAIMER OF A WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN PARTICULAR, Lead Pier MAKES NO WARRANTY THAT:
- THIS SITE, OUR NETWORK, THE CREATIVE MATERIALS CONTAINED HEREIN AND ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THIS SITE WILL FIT ANY PARTICULAR NEED;
- THAT THIS SITE, THE NETWORK, THE CREATIVE MATERIALS AND PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE;
- THAT YOU WILL QUALIFY TO USE THIS SITE AS AN AFFILIATE OR AN ADVERTISER; OR
- THAT THE RESULTS OBTAINED THROUGH THIS USE OF THIS SITE OR OUR NETWORK WILL BE RELIABLE OR ACCURATE.
YOU UNDERSTAND THAT THIS SITE MAY CONTAIN PROBLEMS, ERRORS, BUGS OR OTHER LIMITATIONS. WE WILL NOT BE HELD LIABLE FOR THE AVAILABILITY OF ANY INTERNET CONNECTION ASSOCIATED WITH THE SITE OR NETWORK. NO ADVICE OR INFORMATION PROVIDED TO YOU BY THE WEBSITE, OUR NETWORK OR ANY OF OUR AFFILIATES SHALL BE MISCONSTRUED AS CREATING ANY WARRANTY THAT IS NOT EXPRESSLY STATED WITHIN THIS AGREEMENT, WHETHER IT IS ORAL OR WRITTEN.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT Lead Pier WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCEDENTAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR GOODWILL, LOSS OF PROFIT OR DATA, OR ANY OTHER INTANGIBLE LOSS—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES—TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW FOR:
- THE USE OF OR UNABILITY TO USE THIS SITE, OUR NETWORK, THE CREATIVE MATERIALS OR ANY OTHER PRODUCT OR SERVICE WHICH IS AVAILABLE THROUGH THE SITE;
- THE COST OF SUBSTITUTION GOODS OR SERVICES RESULTING FROM ANY DATA, INFORMATION, GOODS OR SERVICES OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR OUR NETWORK;
- ANY FAILURE TO QUALIFY AS AN AFFILIATE OR ADVERTISER; AND
- ANY OTHER MATTER RELATING TO Lead Pier, OUR NETWORK, THE CREATIVE MATERIAL OR ANY OTHER PRODUCT OR SERVICE WHICH YOU MAY PROCURE THROUGH THE USE OF THIS SITE.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION OR ANY OTHER TORT. YOU RELEASE Lead Pier FROM ANY OBLIGATION, CLAIM OR LIABILITY IN EXCESS OF THE LIMITATION STATED HERE. IF ANY APPLICABLE LAW PREVENTS THIS LIMITATION, THE MAXIMUM AMOUNT FOR WHICH WE WILL BE LIABLE UNDER ANY CIRCUMSTANCE IS $500.00 (FIVE HUNDRED DOLLARS). THIS IS A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN YOU AND Lead Pier, OUR NETWORK, THE CREATIVE MATERIALS OR ANY PRODUCT OR SERVICE WHICH YOU MAY APPLY FOR OR OBTAIN THROUGH THE USE OF THIS SITE. THESE WOULD NOT BE AVAILABLE TO YOU WITHOUT SUCH LIMITATIONS.
Control of Exports
The creative materials which are made available to you through or from this site are subject to the United States export laws and controls. No creative materials from this site can be downloaded, exported or re-exported:
- Into Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or with any other country—or resident of that country—with which the US has embargoed goods; or
- To anyone who is listed as a Specially Designated National by the US Treasury or who is on the US Commerce Department’s Table of Denial Orders.
Anytime you use or download creative materials from this site, you warrant that you are not located in or a resident of such countries and that your name is not on any of these restricted lists.
Third Party Content and Sites
This site may provide or display links to other sites or other third party content and resources. When such a link is included on this site, it is not to be taken as an endorsement or recommendation for any third party, website or product or service contained within. We have no control over any information or content that is made available by such third party, so you acknowledge and agree that Lead Pier will not be held responsible for the availability of these resources or for any damage or loss which may occur from them. Accessing and using these sites and the products or services they make available will be done at your own risk. Any dealing with any third party that is found on our site, which includes the delivery of or payment for products and services as well as any applicable terms, conditions, warranties, or representations are solely between you and the respective third party.
Use of Tracking Technologies
Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows. Cookies record information about your online preferences and may be tied to your personally identifiable information such as your email address for these purposes. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.
Our websites and mobile sites also allow its partners and advertisers that are presenting advertisements on the LeadPier.com Web Services to set their cookies, or apply web beacons or similar technologies, to your computer. We have no access or control of these third party tracking technologies. This information may be used to:
- provide security within shopping baskets or transactions;
- authenticate your Screen Name before you can access your Personal Information or Web Services Account for added security;
- personalize features of the LeadPier.com Web Services;
- enable you to participate in certain online activities, such as making sure that each person only votes in an online poll once;
- help measure and research the effectiveness of the LeadPier.com Web Services, including collecting statistics on your response to advertisements, e-mail and other communications you receive;
- remember the preferences and registration data that you give us.
Attempts by any individual or group, whether or not that individual or group is a Lead Pier customer, to destroy, damage, tamper with, vandalize or interfere with the way in which this site operates will constitute a violation of civil and criminal law. We have the right to pursue remedies against individuals or groups to the fullest extent that is allowable by law.
Choice of Law and Venue
Any activity that occurs, meaning any claim or dispute that arises, will be governed by the laws in the state of California without any regard for conflict of law. If a conflict arises regarding these Terms or the breach of these Terms by any party, both parties agree to submit the dispute for resolution via arbitration in front of the American Arbitration Association (AAA) in Sherman Oaks, California in association with the rules of the AAA. Awards rendered by the AAA shall be considered final and such judgments will be rendered in any court of competent jurisdiction. There should be no misconstruing that an individual does not have the right to seek injunctive relief in order to protect its rights while arbitration is pending. You agree that you will not join, bring or participate in any class action lawsuit regarding a claim, dispute or controversy that you have against us or any party associated with us. You agree that the entry of injunctive relief will stop such lawsuits or remove you as a participant in such suits. You also agree that you will pay the attorney’s fees and court costs you incur when you seek injunctive relief. This agreement is not a waiver of any right or remedy to pursue a claim independently as long as it is not class action in a binding arbitration as provided here. The provision that prevents class action lawsuits is an independent agreement, and if any portion of the agreement is invalid or unenforceable, then that portion will be construed as consistent with applicable law. All remaining parts of these Terms will remain in full force and effect.
These Terms are a personal agreement between you and Lead Pier. It governs your use of this site and supersedes any prior or contemporaneous agreements between you and Lead Pier. In the event that anything associated with this site or this agreement is in conflict with the agreement in whole or in part, this agreement will take precedence. However, if there is a conflict between this agreement and a network agreement, then the network agreement will take precedence on all matters. Should we fail to enforce any part of this agreement, this shall not be considered a waiver of that part of the agreement or a waiver of the right to enforce that part of the agreement.
How to Contact Us
If you have questions about these Terms and Conditions, or if you would simply like more information from us, please contact us via email.