Lead Cookie Terms & Conditions
For and in consideration of the acceptance of payment from the purchasing party (hereinafter referred to “the Buyer” or "You") by Lead Cookie (hereinafter referred to as “Lead Cookie”), of invoices from Lead Cookie, the parties hereby agree or reaffirm that their relationship is subject to the Lead Cookie Terms & Conditions.
Lead Cookie is a lead generation service that operates by managing Your LinkedIn account. The purpose of Lead Cookie is to initiate warm LinkedIn conversations. The leads provided by Lead Cookie are not inbound leads or referrals.
Lead Cookie is not responsible for following up on the conversations individually. You, the Buyer, understand that You will be required to continue the conversation started by Lead Cookie in order to close the deal.
Lead Cookie is a mass outreach service. Lead Cookie cannot individually qualify prospects or send customized messages to individual prospects.
As part of this Agreement, You, the Buyer, agree to the payment terms outlined via email or through any 3rd party invoicing software by Lead Cookie.
3. REFUND AND RETURN POLICY.
To try our lead generation services, Lead Cookie offers a money back guarantee during the first 30 days of service. If You are unhappy with the service for any reason, You will receive a full refund. No refunds will be offered after the first 30 days of service.
4. BILLING AND CANCELLATION.
Billing runs automatically every 30 days. You will be notified a minimum of five (5) days before automatic billing. After the original 90-day commitment has been satisfied, Lead Cookie will continue with monthly automatic billing.
If You do not notify Lead Cookie of an intent to cancel the services at least three (3) days before the bill date, Your account will still be billed.
Lead Cookie allows for you to pause the service for a total of 5 business days during a 90 day period without being billed for those 5 days. If you pause for more than 5 business days during a 90 day period, you will be billed for those additional days that you are paused.
5. DUTIES OF BUYER.
You understand, represent and agree to undertake the following responsibilities as a Buyer of Lead Cookie's Services:
I will participate in a 90-minute onboarding call. I understand there will be at least a two (2) week wait between my onboarding call and the date Lead Cookie begins my account outreach. During this time, I will be responsive to my account strategist as we go back and forth approving scripts and strategy for my LinkedIn account. I understand that I am expected to dedicate 10-30 minutes per day working and nurturing the LinkedIn conversations that Lead Cookie generates for me.
I understand that failure to dedicate the time necessary and provide leads with timely responses can result in diminished lead quality or lack of response. I understand that failure to respond timely to the account strategist during account setup can result in a delay in start date.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising out of your use of the Lead Cookie service and/or the use of LinkedIn.
7. ARBITRATION AND JURISDICTION.
Any controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Lead Cookie's operations, intellectual property, or the Services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Colorado and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own legal fees and associated costs.
In the event that this Arbitration clause is declared invalid by a court of law, all disputes arising about this Agreement or Lead Cookie's Services will be litigated by the courts in Colorado.
8. LIMITATION OF LIABILITY.
LEAD COOKIE DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE OR INTEREST, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE LEAD COOKIE SERVICES, LINKEDIN SERVICES, OR ANY LEAD.
9. CONFIDENTIAL DATA AND INTELLECTUAL PROPERTY RIGHTS.
Lead Cookie and the Buyer acknowledge, accept and agree that the terms and conditions of this Agreement shall be kept confidential and not revealed to any third party without the prior consent of the other Party. In addition, no party shall divulge to others, any trade secret or confidential information, knowledge, or data concerning or pertaining to the business and affairs of the other Party obtained by it as a result of its engagement hereunder, unless authorized, in writing.
This business agreement, or relationship shall not be made public on any Website, Internet forum, social networking site, message board, or any other public media without the express written consent of both Lead Cookie and Buyer.
10. ASSUMPTION OF THE RISK.
In accordance with the disclosures and warranties set forth in this Agreement, You, the Buyer, warrant that You have read and understood the risks associated with LinkedIn outreach, which can be found at https://LeadCookie.com/risks.
Your payment to Lead Cookie for services represents that you, the Buyer, have read, understood and agreed to these Terms & Conditions in its entirety.