Terms of Service

Acceptance of the Terms and Conditions of Use

These website terms and conditions of use for the Website (defined below) constitute a legally binding agreement and are entered into by and between you (“you”) and SureSwift Worldwide Inc. dba “LeadDyno” (“Company”, “we”, “us” and/or “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of, including without limitation, any content, functionality and services offered on or through our website located at https://www.leaddyno.com/ and the companion application located at https://app.leaddyno.com/ (collectively, the “Website”).

By using this Website or by clicking to accept these Terms, you accept and agree to be bound by and comply with these Terms and our Privacy Policy, located at https://www.leaddyno.com/leaddyno-global-privacy-policy, incorporated herein by reference (the “Privacy Policy”). If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements to so contract. If you do not meet all of these requirements, you must not access or use this Website.

Modifications to the Terms and the Website

We reserve the right, in our sole discretion, to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms in order to be aware of such modifications and your continued use shall be your acceptance of such modified Terms.  

The information on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any reason.

Your Use of the Website, Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of the Terms and comply with them. The Website, including content or areas of the Website, may require user registration of an account (the “Account”). It is a condition of your use of the Website that all the information that you provide on the Website, including in relation to such registration of an Account, is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk, which you accept by transmitting such information to our Website. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through any functionality such as your Account, email, profiles and any other such functions (collectively, the “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an Account, your Account is personal to you, and you agree not to provide any other person with access to this Account using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time to disable or terminate your Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

You are prevented from attempting to circumvent and from violating the security of this Website, including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling services to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Website; (f) using any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the Material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features and functionality, including without limitation, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, Website layout, selection and arrangement (collectively, the “Content”), are owned by the Company, its licensors and or other providers of such material and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret and any other proprietary rights.

The Company name, trademarks and logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, in any form or medium whatsoever except:

1. Your computer and browser may temporarily store, or cache copies of materials being accessed or viewed; and
2. A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes, except as otherwise permitted herein, any part of the Website or any services or materials available through the Website.

If you print off, copy, download or use any part of the Website, except as otherwise directed herein or as authorized within the Website, in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may infringe copyright, trademark and or other intellectual property or other proprietary laws.

User Generated Contributions

This Website does not offer to users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Website, including without limitation, to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material, in addition to any inquiries, comments, feedback, or other information regarding the Website (collectively, the “Contributions”). Contributions may be viewable by other users of the Website and or through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Privacy Policy.

Conditions of Use; Contributions

As a condition of your access to and use of the Website, you agree that that you may use the Website only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you represent, warrant, and agree that your use of the Website and any Contributions, content, material and information that you submit, post, display or transmit to the Website, shall not:

1. In any manner violate any applicable federal, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, other intellectual property, proprietary or legal rights, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that may otherwise be in conflict with these Terms and our Privacy Policy;
2. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
3. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms;
4. all registration information and Contributions you submit and or post will be true, accurate, current, and complete;
5. you will maintain the accuracy of such information and promptly update such registration information as necessary;
6. your Contributions are not unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation;
7. your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable, in our sole discretion;
8. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
9. your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
10. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation;
11. you will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
12. you will not use the Website for any illegal or unauthorized purpose;
13. systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
14. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive Account information such as user passwords;
15. circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
16. engage in unauthorized framing of or linking to the Website;
17. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
18. engage in any automated use of the Website or its underlying system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
19. attempt to impersonate another user or person or use the username of another user;
20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
21. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
22. attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
23. copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
24. except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
25. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
26. use a buying agent or purchasing agent to make purchases on the Website;
27. make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
28. use the Website as part of any effort to compete with us or otherwise use the Website and/or any content thereon for any revenue-generating endeavor or commercial enterprise;
29. use the Website to advertise or offer to sell goods and services; and or
30. sell or otherwise transfer your profile.

Any use of the Website or posting of Contributions in any manner that is in violation of the foregoing violates these Terms and may result in, among other things, termination of your Account and termination or suspension of your rights to use the Website. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for the use of the Website and provision of our Services pursuant to these Terms and as may otherwise be provided to you.

By using this Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether or not to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on these automated information gathering practices, please refer to our Privacy Policy.

Grant of License to Contributions

None of the Contributions that you submit or post in any way to the Website will be subject to any confidentiality by the Company. By providing such Contributions to us and or to the Website, you grant to us and our affiliates and service providers, and each of their respective licensees, successors and assigns the right to a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose and according to your Account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any Contributions.

By submitting the Contributions to the Website, you declare and warrant that you own or have the necessary rights to submit the Contributions and have the right to grant the license hereof to us and to our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the Contributions and comply with these Terms. You represent and warrant that all Contributions comply with applicable laws and regulations, conditions of use and standards set out in these Terms.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. You understand and agree that you, not the Company, nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors are fully responsible for any of your Contributions, and you are fully responsible and legally liable, including to any third-party, for such content and its accuracy. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Website, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Site Monitoring and Enforcement, and Termination

Company has the right, without provision of notice, to:

1. remove or refuse to post on the Website any Contributions for any or no reason, in our sole discretion;
2. at all times, take such actions with respect to any Account or use of the Website deemed necessary or appropriate, in our sole discretion, including without limitation, for violating these Terms and or the Privacy Policy;
3. take appropriate legal action, including without limitation, referral to law enforcement or applicable regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website;
4. terminate or suspend your access to the Account, and or to all or any part of the Website for any or no reason, including without limitation, any violation of these Terms and or the Privacy Policy.

You waive and hold harmless the Company, and its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors, from any and all claims resulting from any action taken by the Company and any of the foregoing parties relating to any investigations by either the Company or such parties or by law enforcement or regulatory authorities.

We have no obligation to monitor, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable or unlawful material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, content, or Contributions provided by any user or third-party, subject to applicable laws.

Third Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Subscription Levels, Fees and Payment

We offer a 30-day free trial to new users who sign up for an Account and register with the Website. The Account will be charged according to the user’s chosen Subscription Level (defined below) at the end of the free trial. Prior to the end of the free trial, you may cancel your Account at any time and you will not be charged any fees.

We offer various subscription levels to users to access and use the services provided on our Website (each a “Subscription Level”, collectively the “Subscription Levels”): Lite, Essential, Advanced and Unlimited, the details and particular offerings of each which can be viewed on our Pricing page: https://www.leaddyno.com/pricing (“Pricing Page”).

You agree to provide current, complete, and accurate purchase and Account information for all purchases made via the Website. You further agree to promptly update Account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions for your chosen Subscription Level and contact you as needed. We bill you through an online billing account for purchases made via the Website. All payments shall be in U.S. Dollars. Applicable sales tax will be added to the price of purchases as deemed required by us.

We reserve the right to make changes to our pricing at any time and will update such changes to the Pricing Page. You agree to pay all charges or fees at the applicable price then in effect for your purchase of your Subscription Level, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation pursuant to the terms hereof. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any subscription for services at any Subscription Level placed through the Website.

We accept the following forms of payment:

1. Visa
2. Mastercard
3. American Express

Cancellation

All purchases are non-refundable. However, you can cancel your subscription of our services at your Subscription Level at any time by logging into your Account or contacting us using the contact information provided below. Your cancellation of your Subscription Level will take effect at the end of the current paid term of such Subscription Level and you will have access to your Account until such time. However, if you subscribed for our services from within your Shopify account, you can only cancel your Account from within your Shopify account.

If you are unsatisfied with our services, please email us at support@leaddyno.com.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at: https://leaddyno.com/privacy-policy. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

If you wish to contact our Privacy Officer for any reason, please email privacy@sureswiftcapital.com.

Term and Termination

These Terms shall remain in full force and effect while you use the Website.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.  

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

Disclaimer

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.

Electronic Communications, Transactions, and Signatures

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of all notices, policies and records of transactions initiated or completed by use or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Governing Law and Choice of Forum

These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the State of Minnesota or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms will be instituted in the courts of the State of Minnesota, and you and we hereby irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and our Privacy Policy, and any other relevant documents and policies in accordance herewith, constitute the sole and entire agreement between you and Company regarding the Website and these Terms, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This Website is operated by the Company, with its offices located at: 5201 Eden Avenue, Suite 300, Edina, MN 55436.

All notices of copyright infringement claims should be sent to the Company at the above address.

Should you become aware of misuse of the Website, including without limitation any libelous or defamatory conduct, you must report it to the Company at: support@leaddyno.com.

Should you wish to contact our Privacy Officer for any reason, please email privacy@sureswiftcapital.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@leaddyno.com.

Last updated January 8, 2024.

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