Effective Apr 21, 2020
1. Content on the Services
1.1. In General. Any opinions expressed by the contributors, authors and moderators who post content to LGG Media are the personal opinions of the authors, not of LGG Media, whether or not the authors are employees or contractors of LGG Media The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by LGG Media or any other party.
1.2. Ownership. The Content (as defined below) on the Services is intended for your personal, noncommercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by LGG Media or the party credited as the provider of the Content. Except as set forth in Sections 1.3 and 5.4 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of LGG Media or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any LGG Media logo or proprietary graphic or trademark without LGG Media’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in LGG Media and/or its content providers or licensors. LGG Media reserves any rights not expressly granted in this Agreement.
1.3. Limited License. Subject to your strict compliance with this Agreement, LGG Media grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding, for purposes of this Section 1.3, Content accessed through LGG Media Subscription Service and further excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in LGG Media’s sole discretion, and without advance notice or liability.
2. User-Generated Content
2.1. Prohibited Actions. You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of LGG Media; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
2.2. LGG Media’s Exclusive Right to Manage the User Submissions. You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by LGG Media in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. LGG Media reserves the right to treat User Submissions as content stored at the direction of users for which LGG Media will not exercise control except to block or remove content that comes to LGG Media’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to LGG Media, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to LGG Media’s attention. However, LGG Media shall not be responsible for controlling or editing any Content, and LGG Media has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.
2.3. License to LGG Media of Your User Submissions. You hereby grant to LGG Media, and you agree to grant to LGG Media, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to LGG Media to your User Submissions, you also hereby grant to LGG Media, and agree to grant to LGG Media, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against LGG Media for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.
2.4. Representations and Warranties Related to Your User Submissions. Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant LGG Media the rights to it that you are granting by this Agreement, all without any LGG Media obligation to obtain consent of any third party and without creating any obligation or liability of LGG Media; (B) the User Submission is accurate; (C) the User Submission does not and, as to LGG Media’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.
2.5. Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from, your User Submissions. LGG Media does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
2.6. Non-Confidentiality of Your User Submissions. LGG Media and the Client understand and agree that during these terms LGG Media will be made aware of, receive and have access to the Client’s proprietary information and LGG Media undertakes to hold such information in trust and confidence. LGG Media further recognizes and acknowledges that their services are unique and extraordinary and that information including, but not limited to, the Client’s accounts, customer locations, suppliers, property venues, technical specifications, commission structure, and financial data as they may exist from time to time are valuable, special and unique assets of the Client’s business.Do not post information you consider confidential to the Services. In addition, you agree that LGG Media may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.
2.7. Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.
If you believe in good faith that material or Content available on LGG Media infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify LGG Media in accordance with LGG Media’s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at https://lgg.media/contact/. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
5 .1. In General. LGG Media offers the opportunity to sign up to obtain enhanced content and features through LGG Media Subscription Service. By using or accessing any products, content, features, services or events offered through LGG Media Subscription Service, you agree to be bound by the terms and conditions of this Section 5, which are specific to use of LGG Media Subscription Service and shall not apply to the use of any of the Services other than LGG Media Subscription Service.
5.2. LGG Media Subscription Service Account. In order to access certain features of LGG Media Subscription Service, you will be required to create an online account (the “Starter or Executive Account”). You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your Starter or Executive Account; (B) refrain from sharing your Starter or Executive Account password or from allowing access to your Starter or Executive Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and content that you receive, transmit or store using LGG Media Subscription Service and the Starter or Executive Account; (D) be responsible for all charges resulting from use of your Starter or Executive Account, including unauthorized use prior to your notifying LGG Media in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable Canadian and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of LGG Media Subscription Service.
5.3. Fees; 12-month term; Payment Terms; Account Cancellation.
5.3.1. LGG Media charges an upfront subscription fee (“Fees”) for the use of LGG Media Subscription Service. By registering you agree to pay LGG Media the Fees applicable to the account level chosen. The number of appointments purchased is detailed in the invoice sent to you. Unless otherwise stated, all Fees are in CA Dollars. LGG Media expressly reserves the right to change the Fees at any time, upon notice to you. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use LGG Media Subscription Service, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay LGG Media all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of LGG Media Subscription Service, whether imposed now or hereinafter by any governmental entity.
5.3.2. The starting fees are paid in advance for 30 days of the initial purchase unless otherwise stated by a contract between LGG Media and the customer. After a 10 day period there will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use LGG Media Subscription Service. We reserve the right to deactivate your access to LGG Media Subscription Service if you fail to pay applicable fees, and charge any applicable fees. You must provide current, complete and accurate billing information. You must promptly update all of which billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify LGG Media if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay LGG Media in the event of any refusal of your credit card issuer to pay any amount to LGG Media for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, LGG Media may immediately suspend or terminate this Agreement and your access to LGG Media Subscription Service.
5.3.3. LGG Media will charge $120.19 per scheduled appointment, or live transfer. (See section 5.5 for definitions of scheduled appointments or live transfers).
5.3.4. 30 days written notice must be provided should you wish to cancel your service. Upon termination, you will be charged the remaining $254.17 per month remaining on your account from your first year. Cancelling with 8 months remaining on the term will require 8 * $254.17 = $2033.36. After the first 12 months you may cancel giving LGG Media 30 days notice, LGG Media will waive any cancellation fees. Your subscription will renew automatically, unless we terminate it or you terminate your subscription by providing written or electronic notice through one of the following methods:
Email: [email protected]
LGG Lead Generation Group Inc. or LGG Media
2435 Holly Lane, Ottawa, ON K1V 7P2
You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
5.3.5. LGG Media reserves the right to process refunds at its own discretion. While we guarantee a minimum of contacts, or scheduled appointments in any given month, a refund will only be processed if you provide written and undeniable evidence that this promise has not been fulfilled. A contact is defined as an individual who submits a name, email, and phone number to any advertising conducted by LGG Media or any of its partners. An appointment is defined as an individual who has agreed to a set time to speak with The User, and fits pre-agreed upon qualifying criteria with LGG Media.
5.4. Limited License to LGG Media Subscription Service Users. Subject to your strict compliance with this Agreement, LGG Media grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on LGG Media Subscription Service (the “LGG Media Subscription Service Content”) as described below. You may:
View the LGG Media Subscription Service Content while accessing LGG Media Subscription Service.
Except as expressly provided in this Section 5.4, you may not post or otherwise distribute LGG Media Subscription Service Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any LGG Media Subscription Service Content, and (B) may be immediately suspended or terminated for any reason, in LGG Media’s sole discretion, and without advance notice or liability.
5.5 Services Offered. LGG Media Subscription Service includes but not limited to, digital media advertising campaigns, telemarketing, scheduling appointments, reporting, project management, customer support, email and text message follow-up.
5.6 Live Transfers. The following information will be provided to you by phone, email and/or text message. A live transfer is defined as meeting the following criteria:
LGG Media reserves the right to bill you a recurring fee billed monthly, and $120.19 CAD for each scheduled appointment that fits the criteria above. You will receive an invoice for each charge. We are not liable for any falsehoods, as consumers are governed by their own free will and may omit or lie about any of the above criteria from time-to-time.
With a prospective client who has volunteered their contact information.
LGG Media reserves the right to bill you a recurring fee billed monthly, and $430.37 CAD for each scheduled seller appointment that fits the criteria above. You will receive an invoice for each charge. We are not liable for any falsehoods, as consumers are governed by their own free will and may omit or lie about any of the above criteria from time-to-time.
5.7 Bonuses and additional services.
5.7.1. You may opt to share a database of prospective clients who have opted in to receive marketing from you in the past. For Do-not-call compliance in Canada, and the United States, LGG Media reserves the right to refuse to call on, or telemarket to any prospective client who has not explicitly consented to receive marketing from you.
5.7.2. As part of the LGG Media Subscription Service LGG Media will operate a sweepstakes campaign for you. You will be required to share a .csv file of previous clients, and purchase a gift card of $150 in local currency. LGG Media will email these previous clients asking for a review on one of your public profiles (Zillow, Google, Facebook) in which a winner will be chosen among the clients who have provided a review on your public profile.
5.8 Advertising Spend. LGG Media requires the client to cover their advertising expenses. This may be but is not limited to Facebook. A written pre-agreed upon quantity of leads or advertising spend in local currency will be required to generate an adequate amount of leads interested in buying or selling real estate. You have the option to increase this spend, or number of leads. There is no limit; however, the agreed upon advertising spend will be billed directly by LGG Media each month. This spend is an approximate figure, and LGG Media reserves the right to account for and bill you for a margin of error of $50 of the advertising spend.
5.8.1 A lead is defined as a name, email, phone number, with the lead source. This may be but is not limited to Facebook, Zillow, Google, IDX Website, Realtor.com, Agentlocator.ca, CINC.com.
188.8.131.52 LGG Media is not liable for any breaches in the terms of service for any of these lead providers, or any others. As the user, you are solely responsible for managing compliance with your vendors.
THE SERVICES ARE PROVIDED BY LGG MEDIA ON AN “AS IS” BASIS. LGG MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LGG MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. LGG MEDIA MAKES NO REPRESENTATIONS, WARRATIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR STARTER OR EXECUTIVE ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
IN NO EVENT WILL LGG MEDIA BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF LGG MEDIA MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
The Services are controlled and offered by LGG Media from its facilities in Canada. LGG Media makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. If accused, charged, or found guilty of negligence by a judge or a neutral arbiter in a civil court or dispute. LGG Media’s total liability and damages is limited to an amount totalling no greater than one-month of subscription fees to The Client.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LGG Media, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
YOU AGREE THAT NEITHER LGG MEDIA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE LGG MEDIA SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT LGG MEDIA SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST LGG Media, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF LGG Media, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.
12.1. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of LGG Media; or (B) as set forth below in Section 12.2.
12.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the lgg.media website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on lgg.media the first time that you visit lgg.media following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on lgg.media (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.
13.1. In General. Certain portions of this Section 13 are deemed to be a “written agreement to arbitrate” pursuant to the Commercial Arbitration Act. You and LGG Media agree that we intend that this Section 13 satisfies the “writing” requirement of the Commercial Arbitration Act.
13.2. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Services, the Content, your User Submissions, or this Agreement (collectively, “Dispute”), or to any of LGG Media’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 13.5 below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this Section 13.2. Your notice to us must be sent to:
LGG Lead Generation Group Inc. DBA LGG Media
2435 Holly Lane, Ottawa, ON K1V 7P2
For a period of 60 days from the date of receipt of notice from the other party, LGG Media and you will engage in a good faith dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or LGG Media to resolve the Dispute or Excluded Dispute on terms with respect to which you and LGG Media, in each party’s sole discretion, are not comfortable.
13.3. Forums for Alternative Dispute Resolution.
Arbitration. If we cannot resolve a Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this Section 13.3. If we cannot resolve an Excluded Dispute as set forth in Section 13.2 above within 60 days of receipt of the notice (or, where no notice address exists for you, after such Excluded Dispute arises), then either you or we may submit the Excluded Dispute to formal arbitration only if you and LGG Media consent, in a writing signed by you and LGG Media’s General Counsel, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 13.3.
Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the Alternative Dispute Resolution Institute of Canada (“ADR”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 10 years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the ADR’s Supplementary Procedures for Commercial Related Disputes. If the Dispute has a claimed value of more than $250,000, or if LGG Media elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the ADR in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue an award no-greater than one-month’s service fees as per Section 8. If you and LGG Media do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 13.3.A, then this paragraph and the remainder of this Section 13.3 will not apply to the Excluded Dispute.
You can obtain ADR procedures, rules, and fee information as follows:
Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in Ottawa, Ontario; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, LGG Media shall have the right to elect to proceed to arbitration in such location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require LGG Media to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then LGG Media will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
13.4. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 13.2 ABOVE, WHERE FEASIBLE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
13.5. Injunctive Relief. The foregoing provisions of this Section 13 will not apply to any legal action taken by LGG Media to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the Content, your User Submissions and/or LGG Media’s intellectual property rights (including such LGG Media may claim that may be in dispute), LGG Media’s operations, and/or LGG Media’s products or services.
13.6. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes (but not Excluded Disputes) in small claims court.
13.7. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 13.3.A above holds that this restriction is unconscionable or unenforceable, then our agreement in Section 13.3 above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 13.8 below.
13.9. Applicable Law. This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of Canada, without regard to its conflict of law provisions.
If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
LGG Media may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your LGG Media account or by written communication delivered by first class CA mail to your address on record. You may give notice to LGG Media at any time via electronic mail to the following address: [email protected].
LGG Media may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with LGG Media’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind LGG Media in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.
The Client agrees to provide access to marketing and sales data. This includes but not limited to schedule availability, client relationship management software, database of current and past prospective, and current clients, conversion rates. The Client will indemnify LGG Media of it’s responsibility tracking and reporting if The Client has not provided access to LGG Media agrees to generate reporting around this information.
While the client holds a license for LGG Media Subscription Service LGG Media agrees that it will not enter into a substantially similar relationship with any entity that competes with the Company in the real estate industry within the nearest 100,000 population of the operating headquarters of the Client. A “Competing Company” is defined as any Realty which substantially focuses on real estate transactions. The term “compete” includes, without limitation, the rendering of amenities substantially similar to those offered by the Company to its clients. This is void if there are more than 100,000 people living in that 10 mile radius.LGG Media charges an upfront subscription fee (“Fees”) for the use of LGG Media Subscription Service. By registering you agree to pay LGG Media the Fees applicable to the account level chosen. The number of appointments purchased is detailed in the invoice sent to you. Unless otherwise stated, all Fees are in CA Dollars. LGG Media expressly reserves the right to change the Fees at any time, upon notice to you. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use LGG Media Subscription Service, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay LGG Media all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of LGG Media Subscription Service, whether imposed now or hereinafter by any governmental entity.