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TERMS OF SERVICE AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to use of
the ReliantLeads.com ("ReliantLeads.com") website.
YOUR USE OF THE ReliantLeads.com SERVICES INDICATES YOUR AGREEMENT TO BE BOUND
BY THESE TERMS OF SERVICE.
These Terms of Service form independent agreements between you and
ReliantLeads.com. The Parties shall be liable to the other for any breach of
these Terms of Service, and you agree that your sole recourse in case of such
breach shall be against the breaching party.
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service at all times, and
abide by them if you choose to use the sites, or accept the services or
benefits, to which such terms apply.
TERM OF AGREEMENT AND TERMINATION
This Agreement shall remain in effect as long as you have an account with
ReliantLeads.com and shall automatically renew each time you use the
ReliantLeads.com's services. ReliantLeads.com may alter, or terminate this
Agreement at any time, for any reason, without notice.
MEMBER CONDUCT
You agree to abide by all applicable local, state, national and international
laws and regulations regarding your use of our service.
MEMBERSHIP ELIGIBILITY
Our services are only available to principals and employees of duly organized
and licensed mortgage brokers or lenders who are in good standing. We do not
accept lenders that engage in predatory lending practices.
REGISTERING FOR SERVICE
Registration is free of charge to eligible members. Each member has sole
responsibility of their account and protection of their account information. We
will only release log-in information to the email address on file for any log-in
information requests.
BUYING LEADS
If you choose to buy leads you agree to pay the amount according to our pricing
schedule in effect at the time you buy the leads. Your purchase is a binding
contract subject to the terms of this agreement.
FUNDING YOUR ACCOUNT
You may add money to your account using a credit card, when this option is
available (minimum $300), or a Check-By-Fax. If you use a credit card, you agree
to not charge back your card for any reason. If you use a check, you agree to
not stop payment on the check for any reason. If you charge back your credit
card, or if your check or draft is not honored by the bank for any reason, you
agree to pay a $100 service fee. You also agree to pay any collection costs
and/or attorney fees should collection action be initiated. You also personally
guarantee your payments and your companies payments. The account holders birth
name is the name responsible for all fees owed in any collections efforts.
RETURN POLICY
You may return leads for immediate credit within 72 hours of purchase if any of
the following conditions occur: Borrower does not exist, contact information is
completely incorrect, the borrower did not fill in the form, disconnected phone,
wrong phone, credit rating wrong and makes the lead or loan a undoable deal, or
the lead is a duplicate. ReliantLeads.com reserves the right to verify the
reported inaccuracies and, in ReliantLeads.com's sole discretion, determine
whether the return is valid. If it is determined that the return is not valid
the charge for the lead will stand and no credit will be issued. You may not
receive a credit if the borrower changed his/her mind about getting a loan, got
the loan elsewhere, does not call you back or says they are not interested.
Reliant leads does not guarantee any ROI, Close Ratios, Results or accuracy of
leads purchased.
REFUND POLICY
You may receive a refund on your ReliantLeads.com account if you were over
billed due to a technical error or if your account has any funds less than 90
days old remaining and we were to stop operations. ReliantLeads.com credits and
or funds do not have any cash or monetary value. ReliantLeads.com will not
refund any amount back due to lead quality and will only replace your
ReliantLeads.com account with a credit to buy a new replacement lead.
CONTACTING BORROWERS
If you take delivery of leads you agree to promptly contact the borrower and to
offer the prospective borrower your most competitive rates and highest level of
service. Furthermore, you agree to respect a prospective borrowers' privacy and
honor any requests to be removed from any future contact list by you and to
report their request to ReliantLeads.com within ten (10) business days.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences of
any such messages. You agree that you will not use ReliantLeads.com for chain
letters, junk mail, “spamming”, solicitations (commercial or noncommercial) or
any use of distribution lists to any person who has not given specific
permission to be included in such a process. You further agree not to use
ReliantLeads.com to send any messages or material that are unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute
a criminal offense, give rise to civil liability or otherwise objectionable
material of any kind or nature or that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation.
ReliantLeads.com reserves the right to terminate User's account if it becomes
aware and determines, in its sole discretion, that User is violating any of the
foregoing guidelines.
If ReliantLeads.com receives a complaint from a consumer resulting in your
actions when contacting them we reserve the right to suspend your account.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name and
password. You are solely responsible for all uses of your account, whether or
not authorized by you. You agree to immediately notify ReliantLeads.com of any
unauthorized use of your account. You are responsible for any funds used within
your account that are used.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ReliantLeads.com Web Site you warrant to
ReliantLeads.com that you will not use the ReliantLeads.com Web Site for any
unlawful purpose.
RIGHTS GRANTED TO ReliantLeads.com By posting messages, uploading files,
inputting data, submitting any feedback or suggestions, or engaging in any other
form of communication with or through the ReliantLeads.com Web Site, you warrant
and represent that you own or otherwise control the rights necessary to do so
and to grant ReliantLeads.com the licenses set forth below. You hereby grant
ReliantLeads.com and its affiliated company’s permission to:
• Use, modify, copy, distribute, transmit, publicly display, publicly perform,
reproduce, publish, sub-license, create derivative works from, transfer, or sell
any such communication.
• Sub-license to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the communication.
• Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual
property or proprietary rights in such communication, including but not limited
to rights under copyright, trademark, service mark, or patent laws under any
relevant jurisdiction. No compensation will be paid or due you with respect to
ReliantLeads.com's or its sub- licensee's use of the materials contained within
such communication. ReliantLeads.com is under no obligation to post or use any
materials you may provide, and may remove such materials at any time in
ReliantLeads.com's sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency,
legal representative, partnership, or other form of joint enterprise between the
parties. Neither party shall have authority to contract for or bind the other in
any manner whatsoever.
CONFIDENTIALITY
The information provided to you by ReliantLeads.com is proprietary to
ReliantLeads.com and is considered to be confidential information. You shall
take all reasonable steps to assure that the confidential information shall not
be disclosed by you to others, in whole or in part, without the prior written
permission of ReliantLeads.com. You may use the information only for business
purposes. You may tell the prospective borrower that you received their request
from ReliantLeads.com, however you may not share the actual lead data with the
prospective borrower or any other third party for any reason.
RELEASE
ReliantLeads.com is not involved in the actual transaction between the parties.
ReliantLeads.com has no control over the quality or accuracy of the information
provided in the leads. ReliantLeads.com does not guarantee the data contained in
the leads, your results or that you will close a loan with our leads. In the
event that you have a dispute with one or more clients obtained through a lead,
you release ReliantLeads.com (and our officers, directors, agents, subsidiaries
and employees) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE ReliantLeads.com SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. ReliantLeads.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR
WARRANTY THAT THE ReliantLeads.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR
UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ReliantLeads.com,
ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON
ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ReliantLeads.com, OR ITS
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
ReliantLeads.com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY
INFORMATION OBTAINED ON THE ReliantLeads.com SERVICE; OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR
DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD,
COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
ReliantLeads.com RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY
ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT ReliantLeads.com IS
GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL
APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM ReliantLeads.com
AND ITS AFFILIATES.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR
WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the ReliantLeads.com Web Site are proprietary to
ReliantLeads.com, and/or its suppliers and are protected under international
Copyright and Trademark law. All rights are reserved. ReliantLeads.com reserves
any rights not expressly granted herein.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services shall be settled by binding arbitration before the
American Arbitration Association. 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 Nevada, as the parties to this agreement agree to be
governed by the laws of Nevada. Either party may seek any interim or preliminary
relief from a court of competent jurisdiction in Nevada necessary to protect the
rights or property of party pending the completion of arbitration. The
prevailing party from arbitration shall be entitled to reasonable attorney's
fees, which shall be set forth by the arbitrator(s). Judgment upon the award
rendered may be entered in any court in the state of California with
jurisdiction. The decision of the arbitrator shall be final and binding on the
parties. The parties shall bear equally all fees, costs and expenses of the
arbitration, and each party shall bear its own legal expenses, attorneys fees,
and costs of all experts and witnesses, provided, however, the arbitration panel
may apportion between the parties, as said arbitrator may deem equitable, the
cost incurred by either party.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless ReliantLeads.com against any
and all claims, losses, liability costs and expenses (including but not limited
to reasonable attorneys' fees) arising from your violation of these Terms and
Conditions or any third-party's rights, (including, without limitation,
infringement of any copyright trademark, service mark, trade secrets, right of
privacy or publicity or any other third party right). The terms of this section
shall survive the termination of your relationship with ReliantLeads.com.
MISCELLANEOUS
This Agreement constitutes the complete and exclusive agreement between you and
ReliantLeads.com and, super cedes any prior Agreements between the parties with
respect thereto. This Agreement shall be governed by and construed in accordance
with the laws of the state of Nevada. Each party to this Agreement hereby
submits to the exclusive jurisdiction of the courts of the state of Nevada, and
waives any jurisdictional, venue or inconvenient forum objections to such
courts.
If any provisions of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid or
enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.
The terms of this Agreement apply to those obligations that survive any
cancellation, termination, or rescission, namely -
confidentiality/non-disclosure, warranty, indemnification, liability and limits
thereon, rights and obligations upon and following termination and assignment.
ReliantLeads.com's failure to enforce the strict performance of any provision of
this Agreement will not constitute a waiver of ReliantLeads.com's right to
subsequently enforce such provision or any other provisions of this Agreement.
No waiver of any provision of this Agreement shall be effective unless in
writing.
Any headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such action.
You may not assign your rights, except in the event of a merger or consolidation
of either party, in which case the surviving or new corporation and any
subsidiaries are similarly subject to the rights and obligations of this
Agreement.
If by reason of failures of telecommunications or internet service providers,
labor disputes, riots, inability to obtain labor or materials, earthquake, fire
or other action of the elements, accidents, governmental restrictions or other
causes beyond the control of ReliantLeads.com, ReliantLeads.com is unable to
perform in whole or in part its obligations as set forth in this Agreement, then
ReliantLeads.com shall be relieved of those obligations to the extent it is so
unable to perform and such inability to perform shall not make ReliantLeads.com
liable to you.
ReliantLeads.com shall have the right at any time to change the terms of this
Agreement, effective immediately upon making the modified provisions available
on the ReliantLeads.com Web Site. You are responsible for regularly reviewing
these documents. Continued use of the ReliantLeads.com Web Site after any such
changes shall constitute your consent to such changes. ReliantLeads.com does not
and will not assume any obligation to notify you of any changes to the Terms of
Service.
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