TERMS OF USE

Introduction 

The terms and conditions of this agreement (“Terms of Use” or “Terms”) govern the access and use of the www.leadfield.co website (“the “Site”), owned and operated by ProStartMEA SL (“ProStartMEA,” “we,” “us,” or “our”), by all visitors and users of the Site (“Users,” “you,” “your“). 

Please read these Terms carefully before accessing the Site. THESE TERMS CONTAIN A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

  • Acceptance 

Your access to and use of the Site is conditional on your acceptance of these Terms. By accessing and using the Site, you agree on your own behalf and on behalf of any organization, entity, or person on whose behalf you may act to accept and abide by these Terms for each and every use of the Site. If you are entering these Terms on behalf of any organization, you represent and warrant that you have, at all times while accessing and using the Site, authority to bind such entity or person. If you do not agree with these Terms, please do not access or use the Site.

By agreeing to these Terms, you also agree to the terms of our Privacy Policy, available at www.prostartmea/index.php/privacy

  • Updates

We reserve the right to modify these Terms at any time by posting an updated Terms on the Site. At our sole discretion, we may also email registered Users with notification of changes. You are responsible for regularly reviewing these Terms, and your continued use of the Site shall constitute your acceptance of the updated terms. If any modification is unacceptable, you shall cease using the Site. If you have any questions about these Terms, contact us at jorge.luengo@prostartmea.com

  • Eligibility

You may only use the Site if you are in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 or older to use or access the Site. Any use or access to the Site by anyone under 18 is strictly prohibited and in violation of these Terms. The Site may not be available to Users previously removed from the Site by us.

  • User Privacy

Our Provacy Policy sets out the categories of personal and other data and how we collect, store, and use it. By accepting these Terms, you consent to our disclosure and use of your Personal Information as described in our Privacy Policy. We encourage you to read our Privacy Policy before you submit any Personal Information to the Site. Without limiting the terms of our Privacy Policy, you acknowledge that we may disclose your Personal Information, including your name, email address, and account activity, when we believe, in our sole discretion, that such disclosure is necessary or appropriate to: (i) comply with legal processes; (ii) enforce these Terms; or (iii) protect our rights, property, or personal safety or that of other Users or the public.

  • Your Obligations

You agree that you will use the Site only for its intended purposes and will comply at all times with all applicable laws, including, without limitation, all intellectual property, non-discrimination, privacy, and data security laws, and will not take any action that harms or violates the rights of any person or entity.

  • Prohibited Uses

Without limitation, in using the Site, you agree to not:

  • Reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes any portion of the Site without our express written consent;
  • Use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or that violates any applicable law;
  • Modify or create derivative works based on the Site;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Remove or alter any copyright, watermark, attribution marks, or other proprietary notices on the Site or contained in the software used to provide the Site;
  • Upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • Disrupt or interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked to the Site;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Site;
  • Access, tamper with, or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
  • Disrupt or interfere with any other Users’ enjoyment of the Site; 
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; 
  • Access the Site to build a similar or competitive product; or
  • Frame or link to the Site except as permitted in writing by us.
  • Suspension

We may suspend or terminate your access to the Site at any time if, in our sole discretion, your use of the Site is in violation of these Terms or applicable law or if we otherwise reasonably believe that your use of the Site could cause damage to the Site, the rights of other Users, or for any other reason, even if not expressly set forth in these Terms. Our right to suspend or terminate your access does not limit our right to seek any other remedy through these Terms or at law.

  • Proprietary Rights

You acknowledge and agree that the Site contains proprietary information protected by applicable intellectual property and other laws. We retain all rights, title, and interest in and to the Site, including without limitation our trademarks (all names and logos) and all other content provided on the Site by us (collectively, “ProStartMEA IP”). Except as provided herein, these Terms do not grant you any right to reproduce, copy, modify, distribute, license, sell, transfer, publicly display, perform, or otherwise exploit the Leadfield IP. No rights are granted to you other than as expressly set forth in these Terms.

  • Feedback

You may provide us notes, emails, postings, letters, suggestions, concepts, or other written or non-written materials related to the Site (collectively, “Feedback”). You agree that you do not maintain and will not assert any ownership, intellectual property rights, or other rights to the Feedback. You further agree that any Feedback provided to us is not considered confidential information and that we are permitted to freely share, disclose, modify, create derivative works, or otherwise use the Feedback for any purpose. Should the ownership of the Feedback be found under applicable law not to be our property, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use or incorporate into any of our products or services any Feedback provided by you relating to the Site.

  • Third-Party Content

The Site may contain content or links to third-party applications, services, websites, and other content not owned or controlled by us (“Third-Party Content”). We do not endorse or assume any responsibility for any Third-Party Content. If you access Third-Party Content from the Site, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to such Third-Party Content. You expressly relieve us from any and all liability arising from your use of Third-Party Content, and any terms related to Third-Party Content are solely between you and the Third-Party Content provider. You agree that we will not be responsible for any reliance or damages relating to Third-Party Content.

  • Disclaimer of Warranties  

WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; OR (III) DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION AND ANY CONTENT PROVIDED BY US ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE SPECIFIC ADVICE. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, YOUR BUSINESS, YOUR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO OUR SITE OR ANY CONTENT PROVIDED ON THE SITE.

  • Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, OUR OWN NEGLIGENCE, SHALL WE OR OUR OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE SITE; (II) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; OR (III) ANY OTHER MATTER RELATING TO THE SITE. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, $100. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT BY YOU WITHIN TWELVE (12) MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE US OF ANY SUCH CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

  • Indemnification

To the maximum extent permitted by applicable law, you agree to release, indemnify, and hold harmless Leadfield and our officers, directors, shareholders, employees, consultants, contractors, and agents and our respective successors and assigns (“Indemnified Parties”) from any third-party claim, suit, proceeding, or government enforcement actions arising out of, related to, or alleging an injury or loss caused by your access and use of the Site that, without limitation, includes: (i) your access to or use of the Site for illegal, fraudulent, offensive, or tortious purposes; (ii) your violation of these Terms; or (iii) your violation of any rights of any third-party. In any event, we will have the right to participate in the defense of any such suit or proceeding through counsel of our own choosing at our own expense. You will also indemnify and hold harmless the Indemnified Parties from any costs and expenses, including reasonable attorneys’ fees, incurred in responding to any legal action, subpoena, search warrant, or court order requiring the production of information or documents related to subsection (i) through (iii) above.

  • General Provisions

Entire Agreement

These Terms and any other terms and agreements incorporated herein by reference constitute the entire agreement between you and us concerning your access to or use of the Site.

Severability

If any provision of these Terms is considered invalid, illegal, or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.

No Waiver

Our failure at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms. A waiver of any default by us will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed.

Headings; Summaries

The section headings in these Terms are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or affect such section. 

No Transfer; No Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Arbitration

For any dispute with us, you agree to contact us at jorge.luengo@prostartmea.com and attempt to resolve the dispute for at least thirty (30) days before initiating any arbitration or court proceeding. If we cannot resolve the dispute informally, any dispute relating to this Agreement shall be determined exclusively by binding arbitration before a single arbitrator. Any dispute, conflict and/or discrepancy that may arise or related in some way to the TERMS will be exclusively resolved by the Arbitration Court of Madrid (Spain), for any kind of arbitration or dispute regarding the TERM. You expressly renounce to your own Jurisdiction.

No Class Action; No Jury Trial

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESE TERMS. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law

The TERMS and the rights and obligations deriving therefrom will be governed by the provisions of the laws of Spain in force at the acceptance of the TERMS

Notices; Electronic Communication

By providing us with your email address, you consent to receive our related communications and notices electronically, and you agree that all agreements, notices, disclosures, and other communication that we provide to you via the Site or email satisfy any legal requirement for such communications to be in writing. We may also use your email address to send you other messages, such as changes to the Site’s features and special offers (“Promotional Messages”). If you do not want to receive Promotional Messages, you may opt out by clicking the “Unsubscribe” link in a promotional email or by emailing us at jorge.luengo@prostartmea.com. If you would like a physical address to send correspondence to us, email us at jorge.luengo@prostartmea.com, and we will provide you with a mailing address.

Force Majeure

Neither party shall be liable for any failure or delay in its performance under these Terms or any and all addenda due to circumstances beyond its reasonable control (other than the payment of sums due), provided that it notifies the other party as soon as practicable and uses its best efforts to resume performance.

Contact

For questions regarding these Terms, contact us at jorge.luengo@prostartmea.com 

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