End User License Agreement (EULA)

Effective Date: February 12, 2020

Before you begin using LionDesk, you must read and agree to this End User License Agreement (EULA), including any future amendments (collectively, the "Agreement"), and our Privacy Policy at https://www.liondesk.com/privacy.html.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THIS AGREEMENT CAREFULLY.

Although we may attempt to notify you when major changes are made, you should visit this page periodically to review these terms. LionDesk may, in its sole discretion, modify or revise these terms and conditions at any time, and you agree to be bound by such modifications or revisions. We will notify you of changes to this Agreement by posting the new terms here and updating the Effective Date above. If you do not accept and abide by this Agreement, you may not use LionDesk. Your use of the Service, as defined below, after any modification to this Agreement constitutes your acceptance of the new terms. In the event of an inconsistency between this Agreement and any other agreement we have with your company and/or confidentiality agreement between you and LionDesk, this Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Definitions used in this agreement:

"Ad Service" means the service provided by LionDesk and made available via the LionDesk Software or Service Providers' software whereby Users develop Listing Ads and publish such Listing Ads on social media.

"Confidential Information" means any and all information that is not generally known and that is proprietary to LionDesk, all its present and future subsidiaries and affiliates, and any of its clients, consultants, suppliers. Confidential Information includes, without limitation, client, employee, supplier and independent contractor lists or other related information; commission and override amounts and levels; client information, database information, profiles or real estate preferences; LionDesk User lists; trade secrets of or about LionDesk and its products and information or other proprietary information relating to designs, formulas, developmental or experimental work, know-how, products, processes, computer programs, the Service, source codes, databases, designs, schematics, other original Works of Authorship and any other information which would be valuable to third parties and detrimental to the interests of LionDesk; any subject matter related to LionDesk's research and development, engineering, purchasing, finance, marketing, promotion, operations, distribution and selling activities, whether now existing, acquired, developed by LionDesk or made available anytime in the future to LionDesk. All information that you have a reasonable basis to consider confidential or is treated or identified by LionDesk as confidential shall be presumed to be Confidential Information. You agree that any Confidential Information acquired by you or your assistant, agent, employee, partner or representative is the property of LionDesk. You and LionDesk agree that the Confidential Information for purposes of this relationship is to be broadly defined.

"Leads" means your clients, customers, or prospective clients or customers.

"LionDesk Software" means LionDesk's proprietary customer relationship management software as a service (SaaS).

"Listing Ads" means any real property advertisements created using the Ad Service.

"Service" means the entire LionDesk suite of applications, methods and systems, developed, designed or provided by LionDesk and includes, but is not limited to (i) RealtyLion.com, (ii) LionDesk.com, (iii) LionDesk Software, (iv) Ad Service, (v) email, (vi) websites, (vii) marketing, and (viii) telephone systems and toll-free numbers.

"Service Providers" means LionDesk's third-party affiliates that assist LionDesk in providing the Service or that make their software or product available through the Service.

"User" means an individual that has contracted with LionDesk to have access to and use the Service.

"Works of Authorship" means those works fixed in any tangible medium of expression from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device, whether or not they are copyrightable.

Agreement Terms

  1. License. LionDesk grants you a non-exclusive, non-transferable, revocable limited license to use the Service. The license granted under this Agreement is specific to you and cannot be transferred, sublicensed, or assigned without the prior written consent of LionDesk. LionDesk reserves the right to pursue any available legal remedies for your unauthorized use of the Service.
  2. Service Availability. LionDesk also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. Certain features of the Service, including without limitation the Ad Service, are provided by LionDesk's Service Providers. LionDesk has no control over, and shall not be responsible for, the access to or availability of those Service Providers or their services.
  3. Confidentiality. You may have access to valuable Confidential Information of LionDesk through your use of the Service. You agree at all times during your relationship with LionDesk to hold in strictest confidence, and not to use, except for the benefit of LionDesk, or to disclose, transfer or reveal, directly or indirectly to any person or entity any Confidential Information without the prior written authorization of LionDesk. Upon termination of your relationship with LionDesk, you must destroy or permanently delete the Confidential Information of LionDesk. Any Confidential Information that cannot be deleted or destroyed shall be kept in strict confidence for a minimum of five (5) years after termination of your relationship with LionDesk.
  4. User Content. By entering any text, photographs, images, graphics, audio, videos, maps, diagrams, or other information (the “User Content”) into the Service, you grant LionDesk a sublicensable, royalty-free license to use and display your User Content in the Service, to provide your User Content to Service Providers for the purpose of providing the Service, and for any other reason not inconsistent with the terms of this EULA or our Privacy Policy. User Content may contain the personally identifiable information of your Leads, including without limitation their name, telephone number, or email address, that you enter into the Service. LionDesk does not review User Content for accuracy.
  5. Business Use. The Service is made available to agents, brokers and support staff for business use and only as allowed under the LionDesk Services Agreement and as further authorized by LionDesk. You are responsible for maintaining the confidentiality of your Service password and account and are responsible for all activities that occur thereunder. LionDesk reserves the right to refuse service to anyone at any time without notice for any reason.
  6. Restrictions. Your use of the Service is subject to your acceptance of and compliance with the Agreement, and all other agreements and policies as LionDesk may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including without limitation the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any laws regarding data privacy or the transmission of technical data exported from your country of residence. You are prohibited from providing access to and/or use of the Service to any third-party, including without limitation any parent company, subsidiary, affiliate, coworker, employee, or agent, unless authorized in writing by LionDesk. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any User Content or other information that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or is otherwise objectionable as reasonably determined by LionDesk; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual, privacy, or fiduciary rights or obligations; (iii) upload or use any device, software, or routine, including without limitation any virus, Trojan horse, worm, robot, spider, data scraping tool, automated device, or other process or harmful code, to copy any content from, or interfere with the performance of, the Service; (iv) use the Service to contact or communicate with any Leads who have not provided consent; (v) prevent others authorized from using the Service; (vi) use the Service for any fraudulent or inappropriate purpose; or (vii) act in any way that violates LionDesk guidelines, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. LionDesk reserves the right, but shall have no obligation, to monitor and investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
  7. Content and Access. LionDesk takes no responsibility for third party content available through the Service that is provided by other Users or our Service Providers (collectively, the “Third-Party Content”), including, without limitation, any products, services, information,, nor does LionDesk have any obligation to monitor such Third-Party Content. LionDesk reserves the right at all times to remove or refuse to distribute any Third-Party Content on the Service. LionDesk also reserves the right to access, monitor, read, preserve, share and disclose any information created, stored, or used in the Service, including but not limited to MLS data, Third-Party Content, consumer messages and comments, customer and broker or agent records and information, websites, emails, forum and instant messages, voicemails and telephone conversations for any purpose set forth in our Privacy Policy, including without limitation to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); (d) respond to user support requests or customer service matters; (e) improve agent productivity or customer service; (f) provide universal servicing; or (g) protect the rights, property or safety of LionDesk, its users, and the public or for any other reason that LionDesk determines in its sole discretion is necessary.
  8. Ad Service. LionDesk will provide your User Content and other information you provide to Service Providers in order to provide the Ad Service. We are not responsible for the quality, accuracy, or timeliness of the Ad Service provided by those Service Providers, nor do we review your Listing Ads for accuracy. You control the creation and publication of your Listing Ads. IT IS YOUR RESPONSIBILITY TO REVIEW THE CONTENTS OF EACH LISTING AD FOR ACCURACY AND COMPLIANCE WITH APPLICABLE LAW. LionDesk does not control how Leads from the Listing Ad are distributed. You are responsible for confirming any Leads generated by the Listing Ad are sent directly to you. By using the Ad Service, you warrant to LionDesk that you are the listing broker/agent for the property, or have the listing broker or agent's written authorization to publish the Listing Ad.
  9. Social Media. In order to use certain features of the Service, including the Ad Service, you must have an account with selected social media platforms. The creation and maintenance of those social media accounts is your sole responsibility. LionDesk disclaims any liability for any actions or omissions of the social media platform on which a Listing Ad is published, including without limitation any liability for the removal or modification of any Listing Ad. YOUR RELATIONSHIP WITH THE SOCIAL MEDIA PLATFORM IS GOVERNED BY THE TERMS OF USE OR USER AGREEMENT OF THAT WEBSITE OR APPLICATION. LIONDESK IS NOT RESPONSIBLE FOR YOUR COMPLIANCE, OR FAILURE TO COMPLY WITH, THE TERMS OF THAT TERMS OF USE OR USER AGREEMENT, OR FOR THE ACTIONS OR OMISSIONS OF SUCH SOCIAL MEDIA PLATFORM.
  10. Intellectual Property Rights. You acknowledge that LionDesk owns all right, title and interest in and to the Service, including without limitation all copyright, trademark, service mark, trade secret, patent, and other intellectual property rights (the "LionDesk Rights"), and such LionDesk Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or remove any intellectual property notice. The LionDesk Rights include rights to: (i) the Service developed and provided by LionDesk, its affiliates, subsidiaries, licensors, partners and representatives; and (ii) all software associated with the Service. The LionDesk Rights do not include Third-Party Content used as part of Service, including the content of communications appearing on the Service. Furthermore, you acknowledge you may not reverse engineer, decompile, disassemble, or create derivatives of the Service. Any ideas, suggestions or feedback related to the Service or improvements, corrections, or modifications of LionDesk provided by you to LionDesk shall be deemed the intellectual property of LionDesk, and you hereby assign all rights to such ideas, suggestions or feedback to LionDesk. LionDesk shall be free to use any such information without remuneration to you. All rights not granted in this Agreement are expressly reserved by LionDesk. You shall retain all rights in your User Content. LionDesk's Service Providers retain all rights to their products, services, and software made available through the Service.
  11. Representations and Warranties. You represent and warrant that: (a) all of the information provided by you to LionDesk to participate in the Services is correct and current and you are authorized to provide such information to LionDesk; (b) the User Content will not violate any contract or proprietary right of any third party; (c) you have permission to enter and use the personally identifiable information of your Leads in the Service, and you will immediately remove any Lead who withdraws permission; (d) you will use the Service only as authorized; (e) you will comply with all applicable laws, rules, and regulations in your use of the Service and Third-Party Content; and (f) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
  12. Termination and Refunds. You may terminate your LionDesk subscription or account at any time by sending written notice to LionDesk. Your account will be terminated at the end of your current prepaid term. You will not be issued a refund unless it is legally required. You may cancel any active Listing Ads at any time, and we will remove it from the social media platform on which it is published. LionDesk may terminate this Agreement and your use of the Service upon: (a) your breach of this Agreement or applicable law, or (b) at least one (1) day's notice prior to the end of your current subscription term. Upon termination, your access to the Service shall be disabled.
  13. Account Inactivity. After a period of inactivity, LionDesk reserves the right to disable or terminate a User's account.
  14. Publicity. Any use of LionDesk's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (the “Trademarks”) must be in compliance with this Agreement and any other agreement between you and LionDesk and in compliance with LionDesk's then current use guidelines. You are prohibited from altering or deleting any Trademarks or using any Trademarks in a manner that suggests or implies LionDesk endorses you or your business.
  15. Billing. You agree to pay all applicable fees for use of the Service. By providing LionDesk with any financial account information, including without limitation a credit card, account number, check, payment card expiration date, or billing address, you warrant to LionDesk that you are the accountholder of record and are authorized to enter into such transaction. You authorize LionDesk to use your payment information in accordance with our Privacy Policy, including providing your payment information to third-party payment processors for the purpose of conducting a transaction. It is your responsibility to update your payment information as necessary. Late or cancelled payments may result in additional fees or termination of the Service. You are responsible for any applicable taxes incurred by you in relation to this Agreement.
  16. Data and Personal Data. LionDesk will only share your data with our authorized Service Providers that perform services or functions on our behalf, as required by law, or as described in our Privacy Policy.

    You acknowledge that, with respect to the personally identifiable information of your Leads that you enter into the Service, you are the controller and LionDesk only processes such information at your direction. You are responsible for all personally identifiable information of your Leads entered into the Service, including without limitation all required privacy and data use disclosures in your Privacy Policy, and proper practices in the collection, use, and disclosure of their personally identifiable information.

    You acknowledge and confirm (a) that you are submitting your contact information to LionDesk and LionDesk 3rd party partners, (b) that you agree to LionDesks' Terms of Use and 3rd party partners' Terms of Use, (c) that you have read and understand the LionDesk privacy policy and any applicable 3rd Party Partner privacy policy, and (d) that you are expressly consenting to marketing calls or texts from LionDesk and 3rd party partners and their respective affiliates, contractors and agents through use of an automatic telephone dialing system and/or artificial or prerecorded voice to the phone number you provided, even if the number is on a Do Not Call list. Consent is not a condition of purchase and you may call LionDesk Support to speak to someone directly. You confirm that the number provided belongs to you and that you will notify LionDesk and 3rd Party Partners before changing your number. You also consent to recording and monitoring of calls.

    Use of Your Personal Data. The Company may use Personal Data for the following purposes:

    To provide and maintain our Service, including to monitor the usage of our Service.

    To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

    For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

    To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. This includes providing communications to You about Listing Data as directed by a Subscriber using our Service.

    To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

    To manage Your requests: To attend and manage Your requests to Us.

    We may share your personal information in the following situations:

    With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.

    For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

    With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

    With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

    With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

    For more information regarding our use of your data, read our Privacy Policy.
  17. Indemnification. You agree to hold harmless and indemnify LionDesk and all of its directors, officers, affiliates, Service Providers, parent and subsidiary companies, shareholders, members, agents, affiliates, licensors, other independent contractors and employees from and against any third party claim arising from or in any way related to: (a) your breach of this Agreement, (b) your use of the Service, the Ad Service, or any other software, products, or services made available through the Service, (c) your violation of any applicable law, (d) your use of any Third-Party Content, (e) or any claims that the User Content violates the contract, proprietary, or privacy right of a third-party, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, LionDesk will provide you with written notice of such claim, suit or action.
  18. Disclaimer. THE SERVICE AND THIRD-PARTY CONTENT ARE AVAILABLE ON AN “AS IS” “AS AVAILABLE” BASIS. EXCEPT FOR ANY WARRANTIES PROVIDED BY LIONDESK TO YOU IN WRITING, LIONDESK AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, PERFORMANCE, SECURITY, RELIABILITY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LIONDESK DISCLAIMS ANY WARRANTIES OF UNINTERRUPTED, SECURE OR ERROR-FREE SERVICE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICE MAY BE INTERCEPTED BY THIRD PARTIES AND AGREE THAT ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. LIONDESK DOES NOT WARRANT OR GUARANTEE A PARTICULAR RESULT, OR ANY RESULT AT ALL, FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION GENERATING A CERTAIN AMOUNT OF LEADS OR REVENUE OR A PARTICULAR LEVEL OF INTEREST IN, OR INTERACTION WITH, THE LISTING ADS.
  19. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, SHAREHOLDERS, OFFICERS, AFFILIATES, PARENT AND SUBSIDIARY COMPANIES, MEMBERS, AGENTS, EMPLOYEES, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF SUBSTITUTE DATA, OR OTHER SIMILAR DAMAGES THAT RESULT FROM: (A) THE USE OF, OR INABILITY TO USE, THE SERVICE OR THIRD-PARTY CONTENT INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS, OR DELAYS IN TRANSMISSION OF THE SERVICE, SYSTEM, OR TECHNOLOGY, INTERRUPTIONS IN TELECOMMUNICATION, INTRANET, OR INTERNET CONNECTION TO THE SERVICE, VIRUSES OR PROGRAMMING BUGS, OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, GOVERNMENTAL AUTHORITY, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICE, (B) ANY USER CONTENT OR THIRD-PARTY CONTENT, (C) THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY OR SERVICE PROVIDER, (D) THE CONTENTS OF THE LISTING ADS, OR (E) ANY OTHER ACTIONS BEYOND LIONDESK'S CONTROL.

    THE SERVICE ONLY SENDS COMMUNICATIONS TO LEADS AT YOUR DIRECTION AND CONTROL. THEREFORE, LIONDESK IS NOT RESPONSIBLE FOR THE CONTENT, TIMING, OR FREQUENCY OF ANY COMMUNICATIONS YOU SEND TO LEADS USING THE SERVICE AND SHALL NOT BE DEEMED A PUBLISHER UNDER SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 (CDA). YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT YOU ENTER INTO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PROPRIETARY INFORMATION OR PERSONALLY IDENTIFIABLE INFORMATION OF LEADS, AND FOR COMPLYING WITH ALL APPLICABLE LAWS.

    YOU ACKNOWLEDGE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEALE, LIONDESK'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE TOTAL AMOUNT PAID BY YOU TO LIONDESK IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  20. Binding Arbitration; Class Action Waiver. Any claim, dispute, legal proceeding, or controversy (a “Dispute”) arising out of or relating to this Agreement, your use of the Service, or your rights of privacy, regardless of whether such Dispute is based in contract, tort, statute, fraud, misrepresentation, or other legal theory, will be resolved by binding arbitration conducted by the American Arbitration Association in conjunction with its Consumer Arbitration Rules. Arbitration is more informal than a lawsuit and does not involve a judge or jury. Discovery and the ability to appeal a judgment are more limited in arbitration. YOU UNDERSTAND THAT YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO FILE A LAWSUIT OR HAVE A TRIAL BY JURY. Arbitration shall be conducted in San Diego County, California by a single arbitrator. Any cause of action you may have under this Agreement must be commenced within one (1) year after the claim or cause of action arises. Costs of arbitration shall be shared equally between you and LionDesk, except that each of us shall be responsible for the costs of our own legal counsel. You agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this Section. You agree any Dispute you bring against LionDesk will be conducted only in an individual capacity and not as part of a class, consolidation, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU AGREE THAT YOU AND LIONDESK MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If a court rules that applicable law precludes enforcement of any of this section's limitations as to a particular claim for relief, then that claim shall be severed from the arbitration and may be brought in court.
  21. Choice of Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws, provisions or your actual state or country of residence. Subject to Section 20 hereof, any Disputes arising in connection with the Service will be brought solely in the state or federal courts located in San Diego County, California, and you consent to the jurisdiction of such courts.
  22. Jurisdictional Issues. We operate and provide the Service from our offices in the United States of America. If you reside outside the U.S., any information you enter into the Service may be transmitted outside your country of residence to the U.S., the data protection laws of which may be less strict than laws in your country of residence. By entering any information into the Service, you acknowledge and agree to the transmission of such information.
  23. Children’s Privacy Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information (with the exception of subscribers to CRMLS) from anyone including those under the age of 13. If You are a parent or guardian and You are aware that Your child may have provided LionDesk, or a LionDesk User with Personal Data, please contact Us. If We become aware that one of our Users has collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
  24. We have no Subscribers of CRMLS services between 13 and 18 years old.
  25. Privacy Policy. We are committed to protecting your privacy and security and have explained in detail how we use your information in our Privacy Policy, incorporated herein by reference. You should read our Privacy Policy before you use the Service.
  26. Terms of Use. Your use of the LionDesk website and the Service is also governed by the LionDesk Terms of Use https://www.liondesk.com/terms.html. You should read that Terms of Use prior to using the LionDesk website or the Service. In the event of any inconsistency between this EULA and the TOU, this EULA will control.
  27. Notices. Any notices you send to us pursuant to the terms of this Agreement shall be in writing and sent by nationally-recognized courier service or certified mail, return receipt requested, to LionDesk at:

    LionDesk, Inc.
    1530 Faraday, Suite 200
    Carlsbad, CA 92008
    Phone: 1-760-501-8582
    Email: support@liondesk.com

    or to you at the email address or mailing address you provide to LionDesk during your use of the Service, or such other addresses as either of us may specify to the other in writing. Notice shall be effective upon receipt.
  28. Assignment. LionDesk may assign its rights under this Agreement in connection with a merger, consolidation, acquisition or reorganization at any time without prior notice to you. You are prohibited from assigning your rights under this Agreement without the prior written consent of LionDesk, which may be withheld in LionDesk's sole discretion.
  29. Miscellaneous. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. You acknowledge that nothing in this Agreement or in the relationship created herein shall be construed as a joint venture, partnership, agency or third-party beneficiary relationship. Any failure by LionDesk to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. This Agreement can only be changed by LionDesk when new terms are posted here in accordance with this Agreement.
  30. Claims of Copyright Infringement. If you believe in good faith that any content or material made available in connection with the Service infringes your copyright, please read our DMCA Statement https://www.liondesk.com/dmca.html.