Terms of use

Last Updated: January 1, 2016

Thanks for using LeadGenius (a MobileWorks, Inc. company)! These terms of service govern your access to and use of MobileWorks websites and services, so please read everything carefully. This page explains the terms by which you may use our website, www.mobileworks.com ("Sites") and any other mobile or web services or applications owned, controlled, or offered by MobileWorks, including but not limited to the LeadGenius.com service. By accessing or using the Sites you signify that you have read, understood, and agree to be bound by these Terms of Service and the associated Privacy Policy (collectively the "Terms" or the "Agreement").

Terms

These Terms of Service are a contract between you and MobileWorks, Inc., a Delaware Corporation. MobileWorks operates www.mobileworks.com and leadgenius.com ("MobileWorks Sites"). By accessing these web sites, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

MobileWorks, Inc. hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the MobileWorks Sites, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the MobileWorks Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the MobileWorks Sites. All rights not expressly granted to you are reserved by MobileWorks and its licensors. You shall not (i) modify or make derivative works based upon the MobileWorks Sites; (ii) reverse engineer or access the MobileWorks Sites in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the MobileWorks Site, or (c) copy any features, functions or graphics of the MobileWorks Sites. You further acknowledge and agree that, as between the parties, MobileWorks, Inc. owns all right, title, and interest in and to the MobileWorks Sites, including all intellectual property rights therein.

Disclaimer

The materials on MobileWorks, Inc.'s web sites are provided "as is". MobileWorks, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MobileWorks, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall MobileWorks, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MobileWorks, Inc.'s Internet site, even if MobileWorks, Inc. or a MobileWorks, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on MobileWorks, Inc.'s web sites could include technical, typographical, or photographic errors. MobileWorks, Inc. does not warrant that any of the materials on its web sites are accurate, complete, or current. MobileWorks, Inc. may make changes to the materials contained on its web site at any time without notice. MobileWorks, Inc. does not, however, make any commitment to update the materials.

Indemnity

You agree to defend, hold harmless and indemnify MobileWorks from and against any and all losses, costs, expenses, damages or other liabilities incurred by MobileWorks arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against MobileWorks: (a) in connection with your use of the Sites including any payment obligations incurred through use of the Site; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply profile or payment information via the Sites, including personal financial information; (iii) your decision to submit applications; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through the Sites; (viii) any act or omission of yours with respect to the payment of fees to any Contractor; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Contractor. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

Sites Terms of Use Modifications

MobileWorks, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to MobileWorks, Inc.'s web sites shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Data terms of use

You agree not to reproduce, duplicate, copy, sell, or resell any of the data made available to you (the "Product") through any MobileWorks, Inc. service, including LeadGenius. The Product shall be used for your internal business purposes only, and you shall not use the Products or any software for the benefit of a third party, including reselling or giving away the data.

API Terms

Any use of the API (Application Program Interface), including use of the API through a third-party product that accesses the MobileWorks Service, is bound by these Terms of Service plus the following specific terms:

You expressly understand and agree that MobileWorks shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MobileWorks has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Abuse or excessively frequent requests to MobilWorks via the API may result in the temporary or permanent suspension of your account's access to the API. MobileWorks, in its sole discretion, will determine abuse or excessive usage of the API. MobileWorks will make a reasonable attempt via email to warn the account owner prior to suspension. MobileWorks reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice. Fraudulent Activity

Use of the MobileWorks service, including but not limited to any applications that use the MobileWorks service or APIs, prohibits using the service for fraudulent account creation or other malicious purposes, including but not limited to creating and distributing spam emails, spam tweets, or other "spammy" electronic communication. MobileWorks reserves the right to filter and or block such activity, and if necessary, to remove any account that has engaged in these and similarly malicious activities. Individuals wishing to work within MobileWorks are authorized to create one account with the service.

Taxes and worker status

When signing up as a worker (a "MobileWorker", "Premier", or "LeadGenius"), you understand that you are an independent contractor of MobileWorks and that you assume all liability for proper classification as an independent contractors based on applicable legal guidelines. MobileWorks, Inc. will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. As a MobileWorker, you will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to any work or payment received through the MobileWorks service. You further agree that MobileWorks, Inc. is not restricting in any way your rights or ability to perform services through any other crowdsourcing service or any other means.

Required Accuracy and Participation for workers

MobileWorks reserves the right to deactivate a participating MobileWorker or LeadGenius account (defined as those that have signed up with the MobileWorks or LeadGenius service to earn money in exchange for completing tasks for third party clients) due to repeatedly incorrect answers to tasks, as well as cancel all payments to a worker's account. By signing up with the MobileWorks service, participating MobileWorkers agree that MobileWorks Inc. has the full authority to determine whether answers provided by MobileWorkers are answered correctly and sufficiently. However, you will be responsible for determining when, where, and how you answer client questions. In addition, by signing up with the MobileWorks service, MobileWorkers agree to abide by all decisions made by MobileWorks Inc. about their participation.

Work Product

Work produced by MobileWorkers on behalf of clients is carried out as work-for-hire on behalf of these clients and ownership over the work product remains with the client. Unless requested otherwise, clients grant MobileWorks an unlimited license to use the work product for internal worker training and education, internal product evaluation, testing and any other purposes.

Tools

MobileWorkers shall be responsible for providing all necessary tools or equipment that they need to perform services on behalf of MobileWorks' clients. MobileWorks will not reimburse workers for any expenses incurred in performing services to response to client questions.

Representation of Status

MobileWorkers shall not represent themselves to clients or anyone else as employees of MobileWorks or LeadGenius. At all times, workers agree and acknowledge that they are independent contractors of MobileWorks and shall always represent themselves as such.

Performance Work

MobileWorkers shall have the right to determine when, where, and how they perform services on behalf of MobileWorks' clients, provided that they provide correct and complete responses to client questions.

Right to Perform Work Outside of the MobileWorks' Service

MobileWorkers shall not be restricted in any way from performing work through other crowdsourcing services or obtained through any other means. Workers acknowledge that their affiliation with MobileWorkers, Premier, or LeadGenius is not intended to be for any specific or indefinite period of time, and that they may accept and perform whatever client projects they want provided they are qualified to perform them.

No Right to Benefits

Workers, at no time during their affiliation with MobileWorks, shall not receive any benefits, or other incidental perks of employment. MobileWorkers are independent contractors and not employees.

Cancellation Policy

Last Updated: January 1, 2016

We're sorry to see clients go, but we understand that situations beyond your control may require you to cancel your subscription. If a client cancels prior to the end of a contract period, a cancellation fee equal to half the remaining term is due immediately in order to void the remainder of the contract. Cancellations must be made by notifying your Customer Success Manager; cancellations will be confirmed via email. An invoice will be sent and the card on file will be charged once confirmed. Every contract allocates a set number of hours per month. These hours are non-transferable and do not roll over as they hold workforce capacity in the given month; hours must be used within the period that the subscription covers.

Privacy Policy

Last Updated: January 1, 2016

Your privacy is important to us. Accordingly, we have developed this policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. Like many other web sites, we may collect information regarding customer traffic patterns and site usage by using cookies, web beacons and related technologies.

We use the information gathered from cookies, web beacons and related technologies to analyze and understand how the Web Site is used and to enhance your visits to the Web Site. For example, we may use cookies and related technologies to: (i) customize account pages for you, (ii) track user visits and account features, (iii) determine what features and pages are most frequently requested or visited, and (iv) save your password so you do not have to provide it each time you visit the Web Site.

"Cookies" are small text files that a web site sends to a user's hard drive through the browser for data storage. Most browsers accept cookies automatically but allow you to disable them. By disabling or otherwise rejecting cookies, you may not be able to take full advantage of all offerings on this Web Site. We recommend that you leave cookies "turned on" so that we can offer you a better experience on this Web Site.

We use third-party service providers to provide Internet data hosting and to help us measure and determine how visitors use our Web Site and the effectiveness of our Web Site and promotions. Use of these third-party technologies help us improve and optimize our Web Site, the products and services we offer, and to provide you with advertising based on your interests and browsing of our Web Site (remarketing). Those third parties may place web beacons or pixel tags on certain pages of our Web Site or use cookies in order to facilitate collection of non-personally identifiable information regarding your use of the Web Site each time you visit the Web Site.

We use third-party audience data (such as age, gender, and interests) to better understand and advertise to audiences that visit our Web Site. We do not use or associate personally identifiable information with remarketing lists, cookies, data feeds, or other anonymous identifiers.

If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

In addition, some of our e-mail communications to you may include a "click-through URL" linked to a particular page on the Web Site. By clicking on one of these URLs, you will automatically enter our Web Site and we may collect information related to the "click-through." You may avoid having this information collected by not clicking on URL links in our e-mail communications.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Contacting Us

If you have any questions or concerns about our Services or these Terms, you may contact us at:

LeadGenius, Inc. 2054 University Avenue #400 Berkeley, CA 94704 info@leadgenius.com