Terms of Service
No portion of this web site, such as text, graphics, logos, button icons, images, video clips, digital downloads and software, may be reproduced in any form, electronic or otherwise, without prior express written permission of LeadKast – M&N Consulting LLC and LehmanHailey.com. All trademarks, trade names, domain names, scripts and programs are owned or licensed by LeadKast – M&N Consulting LLC and LehmanHailey.com and are protected by United States and international copyright laws, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by LeadKast – M&N Consulting LLC and LehmanHailey.com and or it divisions or subsidiaries, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
The Terms of Service (TOS) listed on this website may be updated from time to time without notice. You can review the most current version of the TOS at any time at [harpethdigital.com under Terms and Services]. You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
By accessing LeadKast – M&N Consulting LLC and LehmanHailey.com services and products, you agree to abide by the terms and provisions of the TOS. These TOS are valid regardless of the type of service you obtain, including but not limited to Marketing Training, Marketing Training Courses and Books, and Outsourcing Services. Please make sure you read this section carefully and understand the terms of conditions outlined herein.
To access this site and the resources LeadKast – M&N Consulting LLC and LehmanHailey.com has to offer, you may be asked to provide certain registration details or other information. It is a primary condition of your use of this site that all the information you provide will be correct, current, and complete. If LeadKast – M&N Consulting LLC and LehmanHailey.com believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
It is the goal of LeadKast – M&N Consulting LLC and LehmanHailey.com and all its divisions to provide exceptional products and services to all clients. If for any reason you are not satisfied, please contact customer support or your Visibility Resource Specialist (VSR) immediately so that a remedy may be determined.
Restrictions of Use
This site may only be used for its intended purpose, to obtain professional internet marketing solutions and visibility resources, to obtain marketing training and marketing training resources, and to obtain other services specifically offered by LeadKast – M&N Consulting LLC and LehmanHailey.com. You may not use this site for any commercial purpose without express prior written consent from LeadKast – M&N Consulting LLC and LehmanHailey.com. Restrictions of use preclude you from (i) co-branding this site, or (ii) framing this site, or (iii) hyperlinking to this site without express prior written permission of an authorized representative of LeadKast – M&N Consulting LLC and LehmanHailey.com.
For purposes of these Terms of Service, “co-branding” means to display a logo, trademark, name, or any other means of identification in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. If any unauthorized co-branding, framing, or hyperlinking is discovered, you hereby agree to cooperate with LeadKast – M&N Consulting LLC and LehmanHailey.com in immediately ceasing such activity. LeadKast – M&N Consulting LLC and LehmanHailey.com and all its divisions reserves the right to refuse service to anyone violations of general terms of service, internet policies, for unacceptable behavior, for misrepresentations of any kind, or for other reasons not specified herein.
Submissions By agreeing to the TOS, you grant LeadKast – M&N Consulting LLC and LehmanHailey.com and its divisions the perpetual and irrevocable royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to LeadKast – M&N Consulting LLC and LehmanHailey.com through this site (hereinafter known as “Submissions”), and to incorporate Submissions into other works in any form, media, or technology now known or later developed. You will not require LeadKast – M&N Consulting LLC and LehmanHailey.com to treat Submissions as confidential, and Submissions may be used for the purposes of advertising without incurring any liability for royalties or any other consideration of any kind.
You hereby guarantee that any graphics, text, logos, images, or other creative media that you submit:
is not in violation of copyright
does not encourage or advocate illegal activity
is not vulgar, obscene, or pornographic
does not threaten or abuse others, defame character, invade privacy, or otherwise violate local, national, or international laws
does not violate the intellectual property rights of any other individual, corporation, or entity
does not misrepresent your relationship to any other person or business
does not contain any hyperlinks that link to any site that violates the conditions specified for Submissions
Customer Satisfaction LeadKast – M&N Consulting LLC and LehmanHailey.com is an established and reputable Internet marketing and advertising company that has always maintained a goodwill policy toward its customers. We always strive for the highest level of customer satisfaction possible and encourage you to contact us immediately with any concerns.
When a customer has a particular concern or complaint, they should do one or more of the following actions:
1) Directly contact any LeadKast – M&N Consulting LLC and LehmanHailey.com personnel via any direct staff email address that may have been given during the course of business. 2) Telephone customer support, billing, or the Visibility Resource Specialist you have been assigned to at 615-348-7778 or Write us at:
LeadKast – M&N Consulting LLC and LehmanHailey.com
5115 Maryland Way, Brentwood, TN 37027
When contacting us please provide as many details as possible regarding any possible concerns. We will work to resolve any issues you have.
Refund and Return Policy
Products: For merchandise shipped directly from LeadKast – M&N Consulting LLC and LehmanHailey.com. You may return any product in its original condition within 5 business days of receiving it for a full refund. We can refund shipping costs only if the return is a result of our error. Teleclasses/Webinars: A full refund will be made on request by email less 10% handling and cost of any materials prior to the start of class. No refunds will be made once any class has started. Workshops/Conferences: Registrations for workshops/conferences are transferable, but not refundable in most circumstances.
You acknowledge and agree that these Terms of Service shall remain in effect for so long as you use this Site. You agree that this agreement can only be terminated by you once you have stopped using the Site. LeadKast – M&N Consulting LLC and LehmanHailey.com reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if LeadKast – M&N Consulting LLC and LehmanHailey.com believes that you are violating these Terms of Service in any way. LeadKast – M&N Consulting LLC and LehmanHailey.com also has the right, in its sole discretion, to remove any Submissions from the Site. LeadKast – M&N Consulting LLC and LehmanHailey.com shall not be responsible for maintaining or returning Submissions. You should always maintain a copy of your Submissions. You acknowledge that any termination of this agreement will not discharge you of any of your obligations to pay for any outstanding fees, charges or penalties owed to LeadKast – M&N Consulting LLC and LehmanHailey.com at the time of termination.
Entire Agreement These Terms of Service and any other legal notices, policies and guidelines of LeadKast – M&N Consulting LLC and LehmanHailey.com linked to these Terms of Service constitute the entire agreement between you and LeadKast – M&N Consulting LLC and LehmanHailey.com relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. These Terms of Service may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
Third Party Beneficiary LeadKast – M&N Consulting LLC and LehmanHailey.com is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Service is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Service. These Terms of Service and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of LeadKast – M&N Consulting LLC and LehmanHailey.com , you, and relying Third Party Providers.
Headings The headings used in these Terms of Service are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Service.
Electronic Communications When you visit the Site or send e-mail to us, you are communicating with LeadKast – M&N Consulting LLC and LehmanHailey.com electronically. You consent to receive communications from LeadKast – M&N Consulting LLC and LehmanHailey.com electronically. LeadKast – M&N Consulting LLC and LehmanHailey.com will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that LeadKast – M&N Consulting LLC and LehmanHailey.com provides electronically satisfy any legal requirement that such communications be in writing.
This website is operated by LeadKast – M&N Consulting LLC and LehmanHailey.com. Throughout the site, the terms “we”, “us” and “our” refer to LeadKast – M&N Consulting LLC and LehmanHailey.com. LeadKast – M&N Consulting LLC and LehmanHailey.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
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.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall LeadKast – M&N Consulting LLC and LehmanHailey.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless LeadKast – M&N Consulting LLC and LehmanHailey.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Tennessee.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at lehman (at) leadkast.com