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Terms
& Conditions of Use:
Thank
you for your interest in DisabilityLeadsDirect.com's
on-line market place. The following agreement governs
your use of this web site. If you have any questions
at all about this agreement, please feel free to e-mail
us at: Customer Support
Acceptance
Of Terms Through Use
By using this site, you signify your agreement to
all terms, conditions, and notices contained or referenced
herein (the "Terms of Use"). If you do not
agree to these Terms of Use please do not not register
or attempt to use DisabilityLeadsDirect.com. Access
to DisabilityLeadsDirect.com is available to authorized
user's subject to the terms and conditions as described
in this Agreement. We reserve the right, at our discretion,
to update or revise these Terms of Use. Please check
these Terms of Use periodically for changes. Your continued
use of this site following the posting of any changes
to the Terms of Use constitutes acceptance of those
changes.
-
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 DisabilityLeadsDirect.com,
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 DisabilityLeadsDirect.com is strictly
prohibited.
- On-line
Conduct
User shall not engage in any conduct that restricts
or inhibits any other User from using or enjoying
DisabilityLeadsDirect.com. User agrees to use DisabilityLeadsDirect.com
only for lawful purposes. User shall not post on or
transmit through DisabilityLeadsDirect.com 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 DisabilityLeadsDirect.com
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 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
DisabilityLeadsDirect.com 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 DisabilityLeadsDirect.com,
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 DisabilityLeadsDirect.com.
- No
Warranties/Limitation of Liability.
- DisabilityLeadsDirect.com
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 or modification under the laws applicable
to this agreement.
- Under
no circumstances, and under no legal theory, whether
in tort, contract or otherwise, shall DisabilityLeadsDirect.com,
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
DisabilityLeadsDirect.com (all of the foregoing
are hereinafter collectively referred to as the
"DisabilityLeadsDirect.com parties"),
be liable for any economic harm resulting in any
way from the use of, or inability to use, DisabilityLeadsDirect.com,
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 DisabilityLeadsDirect.com
parties, either jointly or severally, exceed the
total amount paid by user to DisabilityLeadsDirect.com
for access fees and other charges in connection
with user's access to and use of DisabilityLeadsDirect.com
within the last six calendar months.
- Distribution
of Network Content
Similar to newsstands, libraries and bookstores, DisabilityLeadsDirect.com
does not exercise editorial control over network content
provided, uploaded, published or distributed by users
and other participants in DisabilityLeadsDirect.com.
In other words, DisabilityLeadsDirect.com 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. DisabilityLeadsDirect.com
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 DisabilityLeadsDirect.com
shall not be liable for any economic harm resulting
from or in connection with reliance on any such network
content. In addition, DisabilityLeadsDirect.com 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 DisabilityLeadsDirect.com.
Any products or services offered or sold on or through
DisabilityLeadsDirect.com by any person other than
DisabilityLeadsDirect.com 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 DisabilityLeadsDirect.com of the
terms and conditions governing such access and/or
use. User's Account with DisabilityLeadsDirect.com
may not be transferred without prior written approval
from DisabilityLeadsDirect.com and is subject to any
limits established by DisabilityLeadsDirect.com.
- User
shall take all reasonable precautions to ensure
the confidentiality of the [password/User ID/Access
Code] assigned by DisabilityLeadsDirect.com to User
for access to DisabilityLeadsDirect.com. 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, User's [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 DisabilityLeadsDirect.com until User delivers
written notice thereof to DisabilityLeadsDirect.com
and obtains a new [password/User ID/Access Code]
from DisabilityLeadsDirect.com.
- 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
DisabilityLeadsDirect.com
reserves the right to disclose certain personal information
which you provide during registration (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,
unless you elect during registration not to have these
third parties send e-mail to you regarding their services
and products. You may request to be removed from our
mailing list at any time by sending an e-mail request
to
www.professional-services.info.
However, if you respond to a survey, request information,
conduct a transaction, or subscribe to a service involving
a third party via DisabilityLeadsDirect.com you consent
to having your personal information disclosed to that
third party. Furthermore, DisabilityLeadsDirect.com
may collect demographic information and information
regarding your usage of specified areas and disclose
such information to third parties, although in so
doing DisabilityLeadsDirect.com will not disclose
your personal identity.
- Indemnification
User covenants and agrees to defend, indemnify and
hold harmless DisabilityLeadsDirect.com and its subsidiaries,
affiliates, parent companies, suppliers and independent
contractors, and their officers, agents and employees
(collectively, together with DisabilityLeadsDirect.com,
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, (ii) the placement or transmission
by or through User or User's Account of any Network
Content on DisabilityLeadsDirect.com 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.
- Further
Reservation of DisabilityLeadsDirect.com's Rights
- DisabilityLeadsDirect.com
reserves the right, in its sole discretion, to
select Users and to refuse service or subscription
to DisabilityLeadsDirect.com to any person or
entity for any reason or for no reason whatsoever.
DisabilityLeadsDirect.com may terminate immediately
and without notice the Account of any User who
misuses DisabilityLeadsDirect.com or fails to
comply with any term or condition of this Agreement.
- DisabilityLeadsDirect.com,
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 DisabilityLeadsDirect.com.
Any modification or addition is effective immediately
upon its posting in this location or any other
location designated for such purposes on DisabilityLeadsDirect.com
or upon transmittal of written notice thereof
to User.
- DisabilityLeadsDirect.com
may, at its sole discretion, modify, supplement
or discontinue any aspect of DisabilityLeadsDirect.com,
including, but not limited to, (i) restricting
the hours or dates of access to DisabilityLeadsDirect.com,
(ii) restricting the means of access to DisabilityLeadsDirect.com
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
DisabilityLeadsDirect.com or any portion thereof,
at DisabilityLeadsDirect.com's sole discretion
and without prior notice or liability. DisabilityLeadsDirect.com
reserves the right to change or add any fees or
charges for access or use of DisabilityLeadsDirect.com
at any time effective upon ten (10) days' prior
notice.
- Termination
- Either
User or DisabilityLeadsDirect.com 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 DisabilityLeadsDirect.com
in operating DisabilityLeadsDirect.com, or (ii)
the quality, quantity or any other aspect of the
Network Content available at any time through
DisabilityLeadsDirect.com or any change therein,
is to terminate User's Account by delivering written
notice thereof to DisabilityLeadsDirect.com.
- DisabilityLeadsDirect.com
may terminate User's Account, or suspend any individual
User's access to all or any part of DisabilityLeadsDirect.com,
without notice, for any reason, including, without
limitation, for any conduct that DisabilityLeadsDirect.com,
in its sole discretion, believes violates this
Agreement, interferes with another User's use
or enjoyment of DisabilityLeadsDirect.com, or
is harmful to another User or participant in DisabilityLeadsDirect.com.
- 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 DisabilityLeadsDirect.com 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. Simply
put, we'll 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 this web site
DisabilityLeadsDirect.com is not obligated to replace more than 30% of the leads within a 30 day purchase cycle, nor will DisabilityLeadsDirect.com provide cash or credit card refunds in lieu of replacements. Replacements may be approved in advance but later considered invalid due to replacement delivery reaching the replacement maximum and/or audit by DisabilityLeadsDirect.com.
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. If you are a guest member, (someone who has not returned our usage agreement), you will not be able to request replacements. Please take a moment to fill out our usage agreement to become a regular member.
Expiration
of Credit
Any
credits purchased within DisabilityLeadsDirect.com
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.
"All
I can say is since I started using your leads, my life
has become so much less! Less hassles, less marketing
mistakes, less slammed doors! One thing that has been
more since I started using your service.....More money!
Thank you!"
Rick Tarnizer - All American Financial
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