End User License Agreement
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING THE PASTALEADS PLATFORM.
The Platform is intended to allow you to search for providers of goods and services ("Provider") based on search criteria submitted by you and to enable such Providers to contact you through our automated calling system.
2. Age Requirement.
The Software is not intended for individuals under the age of 13. If you are: (i) under 13, please do not download, install and/or use the Platform; or (ii) between the ages of 13 and 18, then you must review this Agreement with your parent or guardian, prior to downloading, installing and/or using the Platform, to make sure that you and they understand its terms and conditions and agree to them.
Subject to this Agreement, PastaLeads grants you, and you accept, a non-exclusive, non-transferable license to download and install the Platform and to use it for your personal and/or internal business purposes.
You shall not: (i) permit any third party to use the Platform; (ii) circumvent, disable or otherwise interfere with security-related features of the Software; (iii) modify, create a derivative work of, reverse engineer, decompile or disassemble the Platform, except to the extent permitted by applicable law and, in such an event, provided you first give us written notice thereof; (iv) remove, deface, obscure, or alter PastaLeads's, or any third party's, copyright notices, trademarks, or other proprietary rights notices affixed to or provided as part of the Platform; (v) use the Platform for benchmarking purposes or to develop any software, product or service that is the same as, substantially similar to, or competitive with, the Platform; (vi) use the Platform to promote, conduct, or contribute to fraudulent, obscene, pornographic, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages; (vii) use any robot, spider, other automated device or any toolbar, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the Platform; or (viii) otherwise use the Platform in any unlawful manner or in breach of this Agreement.
5. Hardware and Internet.
In order to install and/or use the Platform and related services, you must be connected to the Internet and to a telephone line which you have the right to use. You are solely responsible, at your expense, for obtaining internet and telephone connectivity and complying with the minimum hardware and software requirements.
6. Searching for a Provider.
In order to be contacted by a Provider through the Platform, you must submit certain information using the form provided through the Platform, including a valid zip code and telephone number, a short description of the services required from the Provider, and the number of Providers by whom you would like to be contacted ("Search Data"). You agree to provide accurate and current Search Data as prompted by the Platform and to refrain from submitting Search Data which misrepresents your identity or affiliation with any person or entity.
7. Provider Calls.
7.1. By submitting Search Data through the provided form, you agree to receive telephone calls from Providers identified by the Platform based on the Search Data ("Provider Calls"). Provider Calls are connected through PastaLeads's automated system, and PastaLeads does not guarantee that you will receive Provider Calls in connection with any submission of Search Data. You acknowledge that we are not required to obtain your consent (whether written or oral) prior to each Provider Call that you receive in connection with a submission of Search Data.
7.2. You further acknowledge and agree that Provider Calls may be recorded by PastaLeads. in order to assess and improve the services provided by the Platform.  If you do not consent to such recording, please do not download, install and/or use the Platform.
8.1. The Software license granted hereunder is currently granted for free. However, in the future, certain uses or features may only be available to you if you pay a related fee. We will not charge you any amount unless you first agree.
8.2. You are solely responsible for your engagement with any Provider, including with respect to payment terms. Under no circumstances will PastaLeads accept any responsibility or liability for payment due or claimed to be due to a Provider in connection with your use of the Platform.
The Platform may contain advertisements or promotional material such as discounts, coupons, and vouchers (collectively, "Promotions") provided by PastaLeads or by third parties, including but not limited to Providers. You are responsible for reviewing and complying with the terms and conditions governing such Promotions, and to the extent such Promotions are provided by third parties, you expressly release PastaLeads from any and all liability arising from such Promotions. Any coupons or vouchers available through the Platform are licensed to you by us or by third parties for your personal use only, provided that you keep intact all accompanying copyright and other proprietary notices and comply with any other applicable terms.
10. Links and Posting User Submissions to Third Party Websites.
11. User Submissions.
The Software permits the submission, hosting, sharing and publishing of content by you and other Software users through PastaLeads’s website available at www.PastaLeads.com (the "Site") and/or Software (collectively, "User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions, and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all content posted on the Software or the Site (including User Submissions) at any time and for any reason.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize PastaLeads to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Software and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions.
By submitting the User Submissions through the Software, you hereby grant PastaLeads a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Software, associated services, and the Site, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Software a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
11.4. Prohibited Content.
You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
You understand and acknowledge that when accessing and using the Software, (i) you may be exposed to User Submissions from a variety of sources, and that PastaLeads is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PastaLeads with respect to (i) and (ii) herein.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect the rights, property or safety of PastaLeads, its users or the public.
12. Copyright Policy.
It is PastaLeads’s policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement
14. Third Party Software.
Portions of the Platform may include software that we license from third parties ("Third Party Software"), which may include open source software. Third Party Software is subject to the terms and conditions imposed by the licensors of that Third Party Software ("Third Party Terms"). You agree that your use of open source Third Party Software is subject to and governed by the related Third Party Terms. To the extent of any conflict between any Third Party Terms and the terms of this Agreement, the Third Party Terms shall prevail in connection with the related Third Party Software. Notwithstanding anything to the contrary herein, we do not make any warranty with respect to Third Party Software.
You acknowledge and agree that the Platform is licensed and not sold to you and that the intellectual property and proprietary rights, of any nature, in the Platform are, and will continue to be, owned by PastaLeads (and its licensors). Except as expressly set forth herein, nothing in this Agreement shall be construed as transferring any rights or interests in the Platform to you. PastaLeads reserves all rights not expressly granted herein. The trademarks, service marks and logos contained in the Platform ("Marks") are the property of PastaLeads and/or its licensors and may be protected by applicable trademark, copyright or other intellectual property laws and treaties. “PastaLeads”, the PastaLeads logo, and other marks are Marks of PastaLeads or its affiliates. All other trademarks, service marks, and logos used in the Platform are the trademarks, service marks, or logos of their respective owners.
This Agreement shall become effective on the earlier to occur of the date that: (i) you download or install the Platform; or (ii) you first access or use the Platform. This Agreement shall continue in full effect until terminated, as set forth below.
17.1. You may terminate this Agreement at any time by deleting all copies of the Platform in your possession or control.
17.2. We may, for any reason, at our sole discretion and without notice or liability to you or any third party, immediately terminate this Agreement. Grounds for such termination or suspension include, but are not limited to, , your submission of Search Data that is inappropriate or offensive, as determined by us in our sole discretion, any other breach of the terms of this Agreement,..
17.3. Sections 4, 13 through 19 (inclusive), and 26 herein, and any other provisions hereof that by their nature and context are intended to survive the termination of this Agreement, shall survive its termination.
18. Your Representations.
You represent and warrant that: (i) any and all information provided by you through the Platform is and will be accurate and complete; (ii) you have full power and authority to enter into this Agreement; (iii) you have and will have, all consents, approvals, licenses and permissions, necessary to perform all of your obligations, and for PastaLeads to exercise all of its rights, hereunder; (iv) you will use the Platform (and any information or data acquired in connection therewith) in full compliance with all applicable laws and regulations and rules of any governmental or regulatory body.
19. Disclaimer of Warranties.
19.1. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PASTALEADS DOES NOT WARRANT THAT THE PLATFORM OR THE RELATED COMMUNICATIONS SERVICES WILL OPERATE ERROR-FREE, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that PASTALEADS will correct any errors in the PLATFORM OR RELATED COMMUNICATIONS SERVICES. YOU AGREE THAT PASTALEADS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
19.2. PASTALEADS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING ANY SERVICES PROVIDED BY A PROVIDER, ANY FAILURE TO PROVIDE SUCH SERVICES, OR THE CONDUCT OF ANY PROVIDER WITH WHOM YOU INTERACT, AND PASTALEADS EXPRESSLY DISCLAIMS, WITH RESPECT TO SUCH SERVICES, ANY WARRANTIES AND REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
19.3. PASTALEADS DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED BY A THIRD PARTY THROUGH THE PLATFORM. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PASTALEADS DISCLAIMS ALL RESPONSIBILITY AND/OR LIABILITY FOR YOUR USE OF OR RELIANCE ON SUCH CONTENT, PRODUCT, OR SERVICE, ALL OF WHICH YOU DO AT YOUR SOLE RISK AFTER HAVING REVIEWED THE RELATED TERMS AND CONDITIONS GOVERNING YOUR USE OF THE APPLICABLE CONTENT, PRODUCT, OR SERVICE.
19.4. YOU ACKNOWLEDGE THAT PASTALEADS IS NOT ABLE TO CONTROL OR SUPERVISE YOUR INTERACTION OR TRANSACTIONS WITH OTHER USERS OF THE PLATFORM OR ANY PROVIDERS AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SUCH INTERACTION OR TRANSACTIONS. IF YOU HAVE A DISPUTE WITH ANY SUCH USER OR PROVIDER, YOU AGREE THAT PASTALEADS IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. PASTALEADS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO (I) MONITOR ANY SUCH DISPUTE OR (II) UPON YOUR REQUEST, INTERVENE IN SUCH DISPUTE FOR THE PURPOSE OF RESOLVING THE DISPUTE, PROVIDED THAT PASTALEADS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER ARISING FROM ANY MONITORING OR INTERVENTION ACTIVITIES THAT WE PERFORM.
19.6. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.
20. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PASTALEADS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF DATA) ARISING OUT OF (I) THIS AGREEMENT, (II) YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, (III) ANY SERVICES PROVIDED BY A PROVIDER, ANY FAILURE TO PROVIDE SUCH SERVICES, OR THE CONDUCT OF ANY PROVIDER WITH WHOM YOU INTERACT, (IV) ANY MONITORING OF OR INTERVENTION IN ANY DISPUTE BETWEEN YOU AND ANY USER(S) OF THE PLATFORM OR PROVIDER(S), EVEN IF PASTALEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PASTALEADS FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT, OR FROM YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EXCEED THE TOTAL AMOUNTS PAID BY YOU TO PASTALEADS FOR THE PLATFORM DURING THE SIX (6) MONTH PERIOD PRIOR TO BRINGING THE CLAIM.
You agree to defend, indemnify and hold harmless PastaLeads and our affiliates, and our respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Platform; and (ii) your breach of this Agreement and/or applicable law.
22. Support and Revisions.
We are not obligated to maintain or support Platform. However, we may from time to time choose to provide updates or upgrades to the Platform (each a "Revision"). Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Platform. All references herein to the Platform shall include Revisions, and this Agreement shall govern any Revisions that replace and/or supplement the original Platform, unless such Revision is accompanied by a separate license agreement in which case the terms of that license agreement will govern the Revision.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Platform as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, and/or (v) protect the rights, property or safety of PastaLeads, its users or the public.
24. Export Controls.
The Platform may not be used or exported in violation of any applicable laws or regulations (including without limitation any United States or United Nations trade restrictions and United States export regulations).
25. Government Use.
If You are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Platform is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Platform is a "commercial item", "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Platform by the Government shall be governed solely by the terms of this Agreement.
This Agreement may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.
We reserve the right to modify this Agreement at any time by publishing a revised Agreement on our Site and/or sending you an email of the modified version to your designated email account. The revised Agreement shall become effective ten (10) days following such posting or your receipt of such email, whichever is earlier.
This Agreement represents the complete agreement concerning the Platform between you and PastaLeads and supersedes all prior agreements and representations related to the subject matter hereof. The section headings herein are provided for convenience only and have no substantive effect on construction. This Agreement shall be governed by the laws of the State of Israel, without reference to its conflict of laws rules. The exclusive jurisdiction and venue for all disputes hereunder shall be the competent courts located in Tel Aviv-Jaffa, Israel, and each party irrevocably consents to the jurisdiction of such courts. Notwithstanding the foregoing, we reserve the right to seek equitable relief, including an injunction, to enforce this Agreement in any venue and court of competent jurisdiction. If any provision herein is held to be unenforceable, this Agreement shall be construed without such provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the waiving party. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: March 3 2014