Legal Disclaimer - Terms and Conditions Of Your Use Of This Web Site
Thank you for your interest in Leads Direct's on-line marketplace. . The following agreement governs your use of this and any other Leads Direct web site ("Leads Direct"). If you have any questions at all about this agreement, please feel free to e-mail us at:
Acceptance Of Terms Through Use
- Proprietary Rights You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Leads Direct, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Leads Direct is strictly prohibited.
- On-line Conduct User shall not engage in any conduct that restricts or inhibits any other User from using or enjoying Leads Direct. User agrees to use Leads Direct, and any leads purchased through Leads Direct only for lawful purposes. User shall not post on or transmit through Leads Direct any unlawful, defamatory, libelous, vulgar, obscene, abusive, harassing, harmful, threatening, or racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. User acknowledges that Leads Direct offers an unparalleled opportunity for communication and information sharing among a wide variety of participants in the insurance industry, including competitors in the market for various insurance and mortgage products and related services. User shall be solely responsible for ensuring that User's Account shall not be used in any manner which constitutes or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. User covenants and agrees to defend, indemnify, and hold harmless Leads Direct and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents, and employees from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to any breach of any of the foregoing provisions of this agreement involving use of User's Account. If you choose to participate in or use any of the marketing services available on Leads Direct, you must always use your real name, and you will remain solely responsible for the materials created and the content of your messages posted on Leads Direct or when contacting leads purchased on Leads Direct.
- No Warranties/Limitation of Liability.
- Leads Direct is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction,restriction or modification under the laws applicable to this agreement.
- Under no circumstances, and under no legal theory, whether in tort, contract or otherwise, shall Leads Direct, any of its subsidiaries, affiliates, parent companies, suppliers or independent contractors, or any of their directors, officers, employees, or agents, or anyone else involved in developing or distributing Leads Direct (all of the foregoing are hereinafter collectively referred to as the "Leads Direct parties"), be liable for any economic harm resulting in any way from the use of, or inability to use, Leads Direct, including, without limitation, any economic harm resulting from reliance on any network content or resulting from any interruptions, work stoppages, computer failures, communication failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind. In no event shall the total liability of the Leads Direct parties, either jointly or severally, exceed the total amount paid by user to Leads Direct for access fees and other charges in connection with user's access to and use of Leads Direct within the last six calendar months.
- Distribution of Network Content Similar to newsstands, libraries, and bookstores, Leads Direct does not exercise editorial control over network content provided, uploaded, published, or distributed by users and other participants in Leads Direct. In other words, Leads Direct is merely a distributor, not a publisher, of such network content. Such network content contains the views, opinions, statements, offers, and other material of the respective users, participants, or authors. Leads Direct does not endorse, is not responsible for, and makes no representations or warranties regarding, such network content or its accuracy, merchant ability or fitness for any particular purpose, and Leads Direct shall not be liable for any economic harm resulting from or in connection with reliance on any such network content. In addition, Leads Direct shall not be a party to, or liable in any way for any economic harm associated with, any transaction between User and any other User or participant in Leads Direct. Any products or services offered or sold on or through Leads Direct by any person other than Leads Direct are offered or sold subject to terms and conditions solely between User and such other person.
- User Responsibilities Each User is responsible for all activities and charges in connection with use of User's Account by any person or entity, and for ensuring full compliance with this Agreement by all users of User's Account. User shall take all reasonable steps necessary to inform any and all of User's employees, officers, or agents who access and/or use Leads Direct of the terms and conditions governing such access and/or use. User's Account with Leads Direct may not be transferred without prior written approval from Leads Direct and is subject to any limits established by Leads Direct.
- User shall take all reasonable precautions to ensure the confidentiality of the password/User ID/Access Code assigned by Leads Direct.com to User for access to Leads Direct. User is responsible for maintaining the confidentiality of User's password/User ID/Access Code and shall be solely liable for any economic harm resulting from disclosing, or suffering or permitting disclosure of, password/User ID/Access Code. In the event of any such disclosure or other breach of security, User will remain liable for any unauthorized use of any Leads Direct site until User delivers written notice thereof to Leads Direct and obtains a new password/User ID/Access Code from Leads Direct.
- Jurisdiction This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of California, County of Orange, regardless of the law, choice of law, or conflict of laws of any other jurisdiction.
- Privacy Within the confines of the law, and applicable removal requests,Leads Direct reserves the right to disclose certain personal information which you provide during registration or use (i.e., your name, internet and mailing addresses, daytime telephone number) to third parties for the purpose of providing you with information about their services and products. Furthermore, Leads Direct may collect demographic information and information regarding your usage of specified areas and disclose such information to third parties, although in so doing Leads Direct will not disclose your personal identity.
- Indemnification User covenants and agrees to defend, indemnify and hold harmless Leads Direct and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees (collectively, together with Leads Direct, the "Indemnities") from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to (i) any breach by User of any term or condition of this Agreement or the User Agreement, (ii) the placement or transmission by or through User or User's Account of any Network Content on Leads Direct If any action shall be brought against any Indemnity in respect to which indemnity may be sought against User under this Agreement, User shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any such Indemnity shall have the right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such separate counsel and participation shall be borne by such Indemnity unless otherwise agreed to in writing by User.
- Compliance with Laws At its own expense, User shall comply with all applicable laws, regulations, rules, ordinances and orders regarding their activities related to use of Leads Direct or leads purchased through Leads Direct including but not limited to all Telemarketing, Email Privacy, CAN SPAM, TCPA, CCPA, and DNC laws.
- Further Reservation of Leads Direct's Rights
- Leads Direct reserves the right, in its sole discretion, to select Users and to refuse service or subscription to Leads Direct to any person or entity for any reason or for no reason whatsoever. Leads Direct may terminate immediately and without notice the Account of any User who misuses Leads Direct or fails to comply with any term or condition of this Agreement.
- Leads Direct, in its sole discretion, may, at any time and from time to time, and in any manner modify this Agreement and adopt additional terms and conditions governing Users' access and use of Leads Direct. Any modification or addition is effective immediately upon its posting in this location or any other location designated for such purposes on Leads Direct or upon transmittal of written notice thereof to User.
- Leads Direct may, at its sole discretion, modify, supplement or discontinue any aspect of Leads Direct, including, but not limited to, (i) restricting the hours or dates of access to Leads Direct, (ii) restricting the means of access to Leads Direct to certain computer types and to certain operating systems, (iii) limiting the amount of access time and/or use permitted, and (iv) restricting or terminating any User's right to access or use Leads Direct or any portion thereof, at Leads Direct's sole discretion and without prior notice or liability. Leads Direct reserves the right to change or add any fees or charges for access or use of Leads Direct at any time.
- Either User or Leads Direct may terminate User's Account at any time, for any reason or no reason at all. User's only right with respect to any dissatisfaction with (i) any term or condition of this Agreement or any change therein, or any decision, policy, or action of Leads Direct in operating Leads Direct, or (ii) the quality, quantity, or any other aspect of the Network Content available at any time through Leads Direct or any change therein, is to terminate User's Account by delivering written notice thereof to Leads Direct.
- o Leads Direct may terminate User's Account or suspend any individual User's access to all or any part of Leads Direct, without notice, for any reason, including, without limitation, for any conduct that Leads Direct, in its sole discretion, believes violates this Agreement, interferes with another User's use or enjoyment of Leads Direct, or is harmful to another User or participant in Leads Direct.
- User acknowledges and agrees that the provisions of this Agreement shall survive the termination of User's Account and User shall thereafter remain bound by such provisions.
- Product Credit Since all leads sold on the Leads Direct web site are consumer initiated and transmitted there can be occasion when a lead is "bad" or due for a replacement. To allow for quick and convenient replacement of a lead, we've automated our replacement request procedure. We reserve the right to audit replacement requests. We will replace a lead if:
- The consumer has given us bad contact information (i.e. phone number not in service).
- The lead is a fictitious person or agent.
- The lead is a duplicate for one that you have already purchased on a Leads Direct web site.
Leads Direct is not obligated to replace more than 20% of the leads within a 30-day purchase cycle, nor will Leads Direct provide cash or credit card refunds in lieu of replacements. Leads Direct does not accept Replacements on aged data (leads that were older than 14 days at the time for purchase). Replacements may be approved in advance but later considered invalid due to replacement delivery reaching the replacement maximum and/or audit by Leads Direct.
Replacement requests will be reviewed and approved or denied within two business days. Please note: Users have to be "regular" members of this site to input replacement requests.
Expiration of Credit
Any credits purchased within Leads Direct or generated via replacements shall expire twelve months after the credit was approved for use within the system. Any credit unused at the end of the twelfth month after the credit was approved for use within the system shall be deemed expired and will be removed from your account. All credits subject to expiration will expire the last day of the twelfth month after the credit was approved for use within the system.