This Agreement together with your Broker Order sets forth the Standard Terms and Conditions that apply to your use of atleads.com, inc. registered service mark and atleads.com, inc. a Florida corporation. The Broker Order you completed in conjunction with your account activation is a part of this Agreement and is incorporated herein by this reference as though fully set forth herein.
Definitions: For the purposes of this Agreement, the terms set forth below shall have the following meanings:
“Agreement” refers to this Terms of Service Agreement AND your Broker Order;
“Broker Order” shall mean one or more separate documents governed by this Agreement specifying the parameters of the Leads, including the Fees for obtaining and using such Leads, made available to Broker and in accordance herewith ;
“you” and “yours,” refer to you, a visitor/User to the atleads.com, inc. website, as well as anyone you authorize to visit and use the atleads.com, inc. website on your behalf;
“atleads.com, inc.,” “us” “we,” and “our” and “ours” refer to atleads.com, inc. and any affiliates of atleads.com, inc. whose products or services are offered on the atleads.com, inc. website;
“atleads.com, inc. website” refers to the website located at www.atleads.com, and related pages, or any linked pages and websites hosted or sponsored by atleads.com, inc. .
“Consumer” shall mean an individual seeking a mortgage loan quote or service whose personally identifiable information is the subject of a Lead;
“Lead” shall mean a mortgage loan request generated via lawful means either through traditional media, internet or telemarketing campaigns whether conducted by or on behalf of atleads.com, inc. or purchased from wholesale vendors and thereafter provided to Broker and that contains information substantially similar to the sample Lead displayed at http://www.atleads.com,
“Duplicate Lead” shall mean a Lead that has been received by Broker from atleads.com, inc. within the previous thirty (30) days from a Consumer identified by the same first and last name, address, email address or phone number;
“Valid Lead” shall mean a Lead that meets one of the following criteria: (i) the lead does contains a valid name, one valid contact phone number, a valid address and is not for a customer who is subsequently proven be a victim of identity theft; (ii) the Lead is not a Duplicate Lead, and (iii) the Lead is not for financing raw land, a mobile home or commercial property;
“Fresh Lead” shall mean a Valid Lead that has entered into the atleads.com, inc. database and made available for purchase by a broker within 3 business days of receipt from any source, regardless of the age of the data within the lead itself.
“Invalid Lead” shall mean a Lead that meets one of the following invalidation criteria: (i) the lead does not contain a valid name, one valid contact phone number, a valid address; (ii) the Lead is a Duplicate Lead, (iii) the Lead is for financing raw land, a mobile home or commercial property or (iv) , the lead is for a customer who is subsequently proven be a victim of identity theft;
“Auto-Routed” leads are leads that are automatically sent to a Broker each business day according to unique filtering criteria and lead delivery method(s) established from time-to-time by Broker;
“”CHERRYPICKER leads are leads that is designated by atleads.com, inc. specifically as an “CHERRYPICKER” Lead and are available for distribution and sale; have been in atleads.com, inc. inventory between one (1) business day and twelve (12) business weeks; that may have been previously routed to another Broker(s); which may be made available to Broker at a discounted rate and are leads that are manually chosen by Broker from the inventory listing found on our website www.atleads.com, after log-in by Broker into their user account.
Please note that privacy policies of atleads.com, inc.’s affiliates or third parties may apply to information you provide on the atleads.com, inc. website. In addition, websites linked to the atleads.com, inc. website may have separate privacy policies.
Use And Limitations Of The atleads.com, inc. websiteExcept where we specify otherwise, atleads.com, inc. offers you access to the atleads.com, inc. website solely for your personal and non-commercial uses. You promise that you will not use the atleads.com, inc. website, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the atleads.com, inc. website. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other similar activity. You agree that you will not use the atleads.com, inc. website in any manner that could damage, disable, overburden, or impair the atleads.com, inc. website or interfere with any other party’s use and enjoyment of the atleads.com, inc. website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the atleads.com, inc. website.
If and when requested by atleads.com, inc. you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of atleads.com, inc. you agree that you will not access or attempt to access password protected, secure or non-public areas of the atleads.com, inc. website.
You agree that atleads.com, inc. may in its sole discretion and at any time terminate your access to and use of the atleads.com, inc. website, or any part thereof, with or without notice.
The atleads.com, inc. website contains content and information originated by atleads.com, inc. , affiliates of atleads.com, inc. or unaffiliated third parties. atleads.com, inc. makes available such content and information through the atleads.com, inc. website as a public service, for the sole purpose of aiding you, the individual consumer. atleads.com, inc., therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information. This means, for example, that all of the information and materials contained in the atleads.com, inc. website-including any terms and conditions necessary to obtain a loan or other products or services-are subject to change at any time. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final atleads.com, inc. determination and acceptance.
E-Signatures and CommunicationsAll electronic communications, including any electronic signatures or identifiers of atleads.com, inc., are being transmitted solely for informational purposes. By making an electronic communication, atleads.com, inc. specifically does not intend to agree, bind, or otherwise consent to any matter for any purpose whatsoever, including loan brokering, loan processing or loan approval, and does not intend that the electronic communication, or any related or associated electronic media or data, to constitute, or to be deemed to constitute, an electronic signature pursuant to any state or federal law or regulation that authorizes the use of electronic signatures.
Our services are only available to principals and employees of duly organized and licensed mortgage brokers or lenders whose state licenses are in good standing and who meet our eligibility criteria. atleads.com, inc., in our sole discretion, reserves the right to determine the eligibility of Broker to receive Leads. Our “Eligibility Criteria” shall mean the following criteria as applied to a Broker:
Broker must be licensed and in good standing as a residential mortgage broker in all applicable jurisdictions with all applicable regulatory authorities;
Broker must not engage in, be known to or have a reputation for engaging in predatory lending practices or other conduct which violates applicable law, regulations, rules of conduct or ethics codes of brokers;
Broker must not engage in fraud or unfair competition or practices in violation of privacy and/or anti-spam laws;
That neither you or anyone in your charge engages or condones any prohibited activity(s) or conduct referenced above; and
That you are authorized to enter into this Agreement and that the performance of the respective obligations hereunder do not violate any other agreement to which you are a party.
If, after you contact a Lead, and the consumer requests to be removed from any further contact from you and/or atleads.com, inc., you agree to comply with this request for your own records AND you agree to forward that consumers request to atleads.com, inc. via e-mail at firstname.lastname@example.org, within ten (10) business days of your receipt of the request.
Upon the delivery of Leads, You represent, warrant and agree to:
Contact the Consumer in a timely fashion;
Offer your most competitive rates and terms to the Consumer (lowest rates and fees for borrowers and loans of like characteristics, without regard to payments to atleads.com, inc. under this Agreement;
To not pass through to the Consumer the payments you made to atleads.com, inc. to obtain the Lead under this Agreement;
To offer your highest level of service to the Consumer.
That you will not use or disclose any of the Consumer information in violation of any applicable state, federal or local law, rule or regulation (including, without limitation, any applicable privacy laws and the Fair Credit Reporting Act);
That you will not use or disclose any of the Consumer information for any other purpose or use (whether by You or any other person or entity associated with You) other than for You to provide the Consumer a direct quote for a loan, including, but not limited to selling, renting, leasing or transferring the information contained in the Lead to any person or entity other than Broker or using the information either yourself or through any of Your affiliates or any other person or entity to offer any other products or services or contacting the Consumer for any other reason. If You or anyone affiliated with you breaches any of the provisions in this Section, then (i) You agree to indemnify, defend and hold harmless atleads.com, inc. for all Claims arising out of or related to such breach in accordance and (ii) atleads.com, inc. may immediately terminate this Agreement without notice or a right to cure.
To respect a prospective borrowers privacy and if received, their demand to be removed from any future contact list by you and to report same to atleads.com, inc. via e-mail at email@example.com, within ten (10) business days of your receipt of the request
REGISTERING FOR SERVICE -BROKER ORDER
Registration is available to eligible members only. You may only register one time for our service. To register, you must complete a Broker Order wherein you provide your business contact information, billing information, initial lead type and filter criteria, and your initial lead block purchase commitment(s). The Broker Order is a legally binding contract and is part of these terms of Service, incorporated herein by this reference as though fully set forth herein. After you register, you may set up sub-accounts if you need to have more filters or set up accounts for other loan officers at your company. Your user account shall be provisionally activated when atleads.com, has received your fully executed Broker Order, you affirmatively agree to these terms. Permanent activation will occur only when atleads.com, inc. has received confirmation that you’re initial Block Commitment payment(s) has cleared by your bank or Credit Card Company. You can expect a processing delay of up to ten business days from the date you authorize payment on your credit card or the date we receive your check for your Block Commitment payment to clear your bank or Credit Card Company. All terms and conditions of this Terms of Service agreement apply during this provisional activation period. atleads.com, inc. reserves the right to deactivate your account at any time during this provisional activation period without prior notice to you.
You may only purchase leads once your account has been activated and there are sufficient funds on deposit in your user account to purchase the leads you choose. All leads sold by atleads.com, inc. are non-exclusive and may be sold to multiple brokers according to filtering criteria established by individual brokers and the lead data itself.
There are currently two service levels available to you, Auto-Routed Leads and Manually selected leads through our “CHERRYPICKER”. You can combine the levels of service if you choose at any time. Lead costs vary depending on the type of service you request and the type and age of lead requested. Regardless of the level of service and type of lead requested, with the exception of your initial Block and volume commitments set forth in your initial Broker Order, if you decide to buy leads, the price for the leads will be based on the atleads.com, inc. pricing schedule in effect at the time you buy the leads. YOUR PURCHASE IS A BINDING CONTRACT subject to the guarantee, return, refund policies and other terms set forth in these Terms of Service and in your initial Broker Order. Your account will be immediately debited for the total initial commitment amount(s) agreed to in your Broker Order. After your Initial Commitment is satisfied as set for below, your account will be immediately debited for the total purchase amount based upon the current market price for the leads you accept as stated in the atleads.com, inc. pricing schedule in effect at the time you buy the leads.
Auto-Routed Lead Block Initial Volume Commitment: By establishing your user account for Auto-Routed lead delivery, you are committing yourself to purchase an initial block of leads to be delivered to you user account during the first sixty (60) days of service. Leads will be automatically delivered to your user account each business day according to the filter criteria. You will not be charged an additional fee per lead for those leads auto-routed to your user account until you have accepted and downloaded the total number of leads called out in your initial block commitment or the close of business on the 60th day following your account activation, whichever occurs first. Your initial Block Commitment is non-cancelable during the initial sixty (60) day period following your user account activation date. Your Initial Block Commitment fee is non-refundable once your account is activated. Beginning on the 61st day following your user account activation, normal and customary per lead charges in effect each time you log into your account to purchase a lead shall apply to all leads purchased through your user account. Prices subject to change without notice.
Minimum “CHERRYPICKER” Lead Volume Commitment : By establishing your user account for “CHERRYPICKER” lead delivery, you are committing yourself to purchase an initial number of leads to be delivered to you user account during the first sixty (60) days of service. You will be immediately charged an initial volume commitment fee based upon your lead volume commitment. You must manually choose the leads you would like from our “CHERRYPICKER” lead inventory. You have sixty (60) calendar days from the date your user account is activated to access, download and accept Leads from our “CHERRYPICKER”, up to the total volume of leads you committed to in your Broker Order. During the first sixty (60) calendar days after your user account is activated, you will not be charged an additional per lead fee for those “CHERRYPICKER”; leads chosen by you and routed to your user account until you have accepted and downloaded the total number of leads called out in your initial “CHERRYPICKER” Volume commitment or the close of business on the 60th calendar day following your account activation, whichever occurs first. Your initial “CHERRYPICKER” Volume Block Commitment is non-cancelable during the initial sixty (60) day period following your user account activation date. Your Initial “CHERRYPICKER” Volume Commitment fee you paid at the time you established your user account is non-refundable once your user account is activated, even if you fail to choose, accept and download all or any portion of the leads agreed to in your initial volume commitment. Beginning on the 61st day following your user account activation, our normal and customary per lead charges in effect each day you each time you log into your account to purchase a lead shall apply to all leads purchased through your user account. Prices subject to change without notice.
FUNDING YOUR ACCOUNT
The Following minimum charges apply:
AUTO-ROUTED LEADS Initial Block Commitment Fee (Non-Refundable): Minimum of $1000.00
Initial Volume Commitment Fee (Non-Refundable): Minimum of $1000.00
USER ACCOUNT MINIMUM deposit amount *: $1000 * Minimum amount accepted for a deposit made to your user account.
We offer three methods by which you may fund your account.
(1) Credit card: If you use a credit card to fund your account, YOU AGREE TO NOT CHARGE BACK YOUR CARD for any reason. If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under these Terms of Service. In the event you breach this term and you charge back your credit card for all or partial amounts within your account, you will be charged an administrative service fee of one hundred ($100) dollars, which you agree to pay in addition to the amount of the Lead purchase fee due for Leads you have received to the date of the chargeback. Your user account balance will not reflect a deposit made until your credit card company has processed your payment into atleads.com, inc.’s merchant account. This date may differ from the date you actually authorize your payment.
(a) Credit Card Protection Policy: In an effort to protect both atleads.com, inc. and You from experiencing an unauthorized use of your credit card, the following policies are mandatory for all brokers when funding accounts using a credit card. NO LEADS WILL BE ROUTED TO YOUR ACCOUNT UNTIL THE following verification SAFEGUARDS HAVE BEEN FULFILLED:
For all New Broker accounts funded with a credit card: You must provide our accounting department with a legible fax of an enlarged copy of your Drivers License and Credit Card used to fund your account. You may fax these to 561-862-0319. The name on both the Driver’s license and the credit card must be the same, NO EXCEPTIONS. If you prefer, you may block out all but the last 5 digits of the credit card number prior to faxing it. The faxed document must reference the broker account number you have been assigned when you opened your account.
For all Existing Broker accounts funded with a different credit card: If you are funding your existing account with a credit card other than the one used to open your account initially, you must provide our accounting department with a legible fax of an enlarged copy of your Drivers License and Credit Card used to fund your account. You may fax these to 561-862-0319. The name on both the Driver’s license and the credit card must be the same, NO EXCEPTIONS. If you prefer, you may block out all but the last 5 digits of the credit card number prior to faxing it. The faxed document must reference the broker account number you have been assigned when you opened your account.
For all Existing Brokers opening additional accounts: You must provide our accounting department with a legible fax of an enlarged copy of your Drivers License and Credit Card used to fund your additional account. You may fax these to 561-862-0319. The name on both the Driver’s license and the credit card must be the same, NO EXCEPTIONS. If you prefer, you may block out all but the last 5 digits of the credit card number prior to faxing it. The faxed document must reference the broker account number you have been assigned when you opened your account.
(2) Check or Draft: If you use a check, including a fax check, you agree to not stop payment on the check for any reason. If you are dissatisfied with our services or any Lead or Leads you have purchased using your check or draft you must follow the return/refund policy and procedures set forth under these Terms of Service. If your check or draft is not honored by the bank for any reason, you are subject to and will be charged a return check fee equal to three (3) times the face value of the check up to a maximum of one hundred ($100) dollars, which you agree to pay in addition to the check face amount. Your user account balance may not reflect a deposit made into your user account until your check been deposited into our bank, processed and has cleared you bank. This date may differ from the date you send your payment or the date we receive your check. ALL CHECKS MUST BE ACCOMPANIED BY A CLEAR ENLARGED COPY OF A VALID DRIVERS LICENSE FOR THE SIGNER OF THE CHECK.
(3) PayPal: If you use PayPal, payments are to be made to atleads.com, inc.’s PayPal vendor account at firstname.lastname@example.org, YOU AGREE TO NOT REQUEST A CHARGE BACK AGAINST THE CREDIT CARD used to fund the PAYPAL payment for any reason. If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under these Terms of Service. In the event you breach this term and you charge back your credit card for all or partial amounts within your account, you will be charged an administrative service fee of one hundred ($100) dollars, which you agree to pay in addition to the amount of the lead purchase fee due for leads you have received to the date of the chargeback. Your user account balance will not reflect a deposit made until PayPal has processed your payment into atleads.com, inc.’s PayPal account. This date may differ from the date you actually authorize your payment.
In any of the above circumstances, you also agree to pay any collection costs and reasonable attorney fees and court costs should collection action be initiated.
Lead Delivery.For Brokers that atleads.com, inc. determines meet the Eligibility Criteria and funding requirements, Leads shall be provided pursuant to the parameters defined in Your initial Broker Order and according to the filtering criteria you may from time-to-time select. atleads.com, inc. shall endeavor to make Leads available each business day at approximately 6:00 a.m. Pacific Time or as soon thereafter as is reasonably practicable, excluding weekends holidays as defined below. Broker may choose to have Leads provided by email or by fax; however, atleads.com, inc. shall have no responsibility for any service or server outages or failure of Broker’s email system, fax system or Internet access.
atleads.com, inc. defines a “business day” as follows:
Each 24 hour period beginning at 12:01 A.M. Eastern Standard Time on Monday through 12:00 midnight Friday shall be considered as one business day.
Saturday and Sunday are not considered as business days.
The following holidays are not considered business days: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, President’s Day and Veteran’s Day.
A “Fresh” or “1-day old Lead” is defined as a lead received by atleads.com, inc. that has completed and passed our lead validation process and is made available for distribution on the next business day following the validation process. Any lead downloaded in to the atleads.com, inc. database during a non-business day shall be considered received by atleads.com, inc. on the next business day. For example, a lead received by atleads.com, inc. on a Monday and ready for distribution on that same Monday will be considered “Fresh” or “1-day old” when distributed on Tuesday (the next business day). Conversely, a lead received by atleads.com, inc. on a Friday and ready for distribution on that same Friday will be considered “Fresh” or “1-day old” when distributed on Monday (the next business day). And finally, a lead received by atleads.com, inc. on Saturday or Sunday and ready for distribution on Monday will be considered “1-day old” when distributed on Monday (the next business day).
atleads.com, inc. defines a ” business week ” as comprised of five (5) consecutive business days.
LEAD CONTENT AND GUARANTEE
Auto-Routed Leads: This is the most convenient and highest level of service available. Lead costs reflected under this superior level of service are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you each business day based upon the filter criteria you choose. When reference is made on our website as to the age of a lead, that age is stated in terms of business days, not calendar days.
Leads are procured from varying commercial resources. atleads.com, inc. employs internal data validation procedures and makes every effort to ensure you receive only valid leads. These efforts may include a 24 hour lock-down period to phone verify the leads before they are distributed. Nevertheless, as the actual age of the data received may be different than the date atleads.com, inc. received the lead, occasionally a lead may contain information that, though consistent with our validation criteria, is no longer valid.
We guarantee each Auto-Routed Lead to be a valid lead as defined in the “Definitions” section of this Agreement. Leads provided under your Initial Block Commitment that are subsequently shown to be Invalid Leads as defined in prior sections of this Agreement, will be replaced with a valid lead. No refunds to your account will be made during your initial Block commitment period. For leads purchased after your initial Block Commitment period, we will credit to your account the amount you paid for any Automatically Routed Lead that are subsequently shown to be an Invalid Lead as defined in prior sections of this Agreement according to our standard lead dispute and refund policy set forth in this Agreement.
Data provided within a lead is inputted solely by the consumer and not atleads.com, inc. or anyone affiliated with us. Consumers do not submit their contact information directly to atleads.com, inc.. A lead may come to atleads.com, inc. from a variety of provider commercial sources only some of which may be owned by us. We do not guarantee the age of the data contained in a lead , the age of the consumers OPT-In request or with whom they originally submitted their Opt-in contact information or that the consumer, when contacted, will remember submitting their contact information on an OPT-in request. We do not guarantee that their email address is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates entered by the consumer when completing the application. How you approach and handle each lead is up to you and not under the control of atleads.com, inc.. As such, WE DO NOT GUARANTEE YOU’RE RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS. Since most of our leads are non-exclusive, the customer may have started a loan process with another Loan Officer, so this is not a valid reason for a dispute, refund or credit. Similarly, Consumers often will change their mind after they submit a request for contact and thus not be willing to apply for a loan with you, so this is not a valid reason for a dispute, refund or credit. We recommend contacting the customer as soon as you get the lead so you can be the first to earn their business.
atleads.com, inc. reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to review these Terms of Service periodically.
“CHERRYPICKER” Leads: Under this option, you must manually choose the leads you wish to purchase each time you log in to your account. Lead costs are discounted for this level of service and leads may range in age from one (1) business days to fourteen (14) business weeks old. Since these leads are non-exclusive and these Leads tend to be older than the leads provided under the Auto-Routed Leads option above, there is a chance the customer may already be working with another Loan Officer so this is not a valid reason for you to dispute the lead. However, we find that brokers still have a great return on their investment on our older leads.
“ALL “CHERRY PICKER” LEADS ARE SOLD IS AND THEIR ARE ABSOLUTLY NO RETURNS PERMITTED”. Leads provided under your Initial Volume Commitment that are subsequently shown to be an Invalid Lead as defined in the “Definitions” section of this Agreement, will be replaced with a valid lead. No refunds or credits to your account will be made during your initial Volume commitment period. For leads purchased after your initial Volume Commitment period, we will credit to your account the amount you paid for any “CHERRYPICKER” lead that is subsequently shown to be an Invalid Lead as defined in the “Definitions” section of this Agreement according to our standard lead dispute and refund policy set forth in this Agreement.
Data provided within a lead is inputted by the consumer and not atleads.com, inc.. We do not guarantee the age of the data contained in a lead or that their email address is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates entered by the consumer when completing the application. We do not GUARANTEE that the customer has not changed their mind or that they have not already refinanced with another broker. These leads are discounted to accommodate for such circumstances. As they are older leads and likely previously distributed leads, these situations are likely to occur. How you approach and handle each Lead is up to you and not under the control of atleads.com, inc.. As such, WE DO NOT GUARANTEE YOU’RE RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS.
atleads.com, inc. reserves the right to monitor your disputes and returns to determine their validity. atleads.com, inc., reserves the right to verify your dispute rational and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand against your account, no credit will be issued and, a dispute validation penalty will automatically be charged to account according to the terms set fort in our Lead Return Policy. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute. ABUSE OF THIS RETURN POLICY WILL NOT BE TOLERATED. In the event we determine in good faith that your dispute is without merit according to our lead return policy, in addition to not receiving a credit of the lead cost, your account will automatically be charged a dispute validation fee of $10 for each disputed lead proven to be without merit. In addition to all other remedies under this contract and in law, atleads.com, inc. reserves the right to terminate your account if abuse of this lead return policy is proven to exist.
atleads.com, inc. reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to review these Terms of Service periodically.
LEAD RETURN POLICY: (PLEASE READ CAREFULLY!)
Auto-Routed Leads: Returning invalid leads couldn’t be easier. If any lead provided to you does not contain valid basic contact information as described in the previous guarantee section, within 5 days of purchase, simply go to the “Leads section” after logging into your account at www.atleads.com, Then click on Dispute Lead and insert the Lead Id and reason for returning the Lead. Disputes containing three (3) leads or less from the same batch are processed electronically. Disputed leads in excess of three (3) leads from the same batch will require customer service verification and manual processing. In such circumstances, you will be provided a name and contact phone number to call to complete your dispute.
Replacement Leads shall be provided for Invalid Leads, however replacements shall not be provided for Leads where Consumers have elected not to use Broker’s services. Broker hereby agrees to notify atleads.com, inc. in writing (via email to email@example.com,) of any Invalid Leads within five (5) days of their delivery to Broker, which notice shall specify the invalidation criteria that is not met. Following atleads.com, inc.’s confirmation of any Invalid Leads, atleads.com, inc. shall provide replacement Leads. Lead returns of three (3) or less from the same batch can be processes using the automated lead dispute system found on the www.atleads.com, inc. website. Disputed leads in excess of three (3) leads from the same batch will require customer service verification and manual processing. In such circumstances, you will be provided a name and contact phone number to call to complete your dispute.
“CHERRYPICKER” Leads: “CHERRYPICKER” Leads less than or equal to seven (7) business days old containing invalid basic contact information as described in the previous guarantee section, are returnable for a credit within 5 calendar days from the day you purchased the lead under the same procedure as stated above for Auto-Routed Leads.
As to All Leads: atleads.com, inc. reserves the right to monitor, validate, either electronically or by physical contact to the consumer, your disputes and returns to determine their validity. atleads.com, inc., reserves the right to verify your dispute rational and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand against your account and no credit will be issued. In addition, your account will be charged a dispute resolution fee of $10 for each and every lead you attempted to dispute where such dispute is proven to be without merit. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
atleads.com, inc. reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to review these Terms of Service periodically.
REFUND/CREDIT POLICY: (PLEASE READ CAREFULLY !)ALL REFUNDS ARE SUBJECT TO THE LEAD DATA QUALITY GUARANTEES AND RETURN POLICYS STATED IN PREVIOUS SECTIONS OF THIS AGREEMENT. ALL REFUND OR CREDIT REQUESTS (NOT AUTOMATICALLY PROCESSED BY OUR AUTOMATED SYSTEM AS STATED ABOVE) MUST BE SENT BY YOU IN WRITING (FAX OR U.S. Mail ONLY) AND VERIFIED VIA TELEPHONE WITH THE MEMBER AND AN AUTHORIZED atleads.com, inc. REPRESENTATIVE. NO REFUNDS OR CREDITS WILL BE PROCESSED OR ISSUED BASED UPON AN E-MAIL REQUEST OR VOICE TELEPHONE MESSAGE. NO EXCEPTIONS. No refunds to your account will be made during your initial Block or Volume commitment periods as defined in the above sections AND YOUR BROKER ORDER.
After your initial Block and/or Volume Commitment(s) ends, Refunds and or Credits are offered ONLY in four (4) circumstances:
A credit to your a account will be given if your account was charged for a delivery of a Lead(s) and through no fault of yours, we cannot deliver those leads that you have ordered as promised herein.
A credit to your account will be given if you were over billed due to a technical error.
If you prepaid your account and it has a credit balance in excess of $25 AND no activity has occurred on your account in the past twelve (12) months you will receive a refund (or credit to your credit card used to open the account) equal to the remaining balance less an administrative service fee of $25.
If you prepaid your account is in good standing, has a credit balance greater than $15 AND you elect to voluntarily terminate your account and discontinue services with us, you will receive a refund (or credit to your credit card used to open the account) equal to the remaining balance less a termination fee of $15.
Please allow up to ten (10) business days to process refunds once we have received your written request.
The data form provided to you by atleads.com, inc. is proprietary to atleads.com, inc. and thus provided to you in confidence and for your individual business use only under this contract. YOU MUST KEEP ALL LEAD DATA CONFIDENTIAL. You may use the Lead data provided only for the business purpose contemplated under this Agreement. You may tell the prospective borrower that you got their quote request from atleads.com, inc., however, without the prior written permission of atleads.com, inc. you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective borrower or any other third party for any reason nor may you resell the data.
You agree that you will not use atleads.com, inc. data for any unauthorized use including but not limited to chain letters, junk mail, “spamming”, telephone solicitations in violation of any state or federal Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use atleads.com, inc. data to send any messages or materials that are unlawful, considered an act(s) against public policy, discrimination of any kind, 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. atleads.com, inc. reserves the right to terminate User’s account immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You will be provided a confidential account ID number by atleads.com, inc. and be allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED BY atleads.com, inc. TO USE YOUR ACCOUNT ID AND PASSWORD. You are solely responsible for maintaining the confidentiality of your account ID and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify atleads.com, inc. of any unauthorized use of your account. Unless otherwise agreed to in writing, you will not be entitled to a return credit or refund for Lead(s) purchased through your account prior to you notifying us of an unauthorized use.
Some Links on the atleads.com, inc. website may let you leave the atleads.com, inc. website. You understand the linked sites are not under the control of atleads.com, inc. and atleads.com, inc. is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. atleads.com, inc. is not responsible for web casting or any other form of transmission received from any linked site. atleads.com, inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by atleads.com, inc. of the linked site or any association with their operators.
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.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITYTHE atleads.com, inc. 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. atleads.com, inc. EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE atleads.com, inc. SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY atleads.com, inc., 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 atleads.com, inc., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE atleads.com, inc. SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE atleads.com, inc. 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 atleads.com, inc. RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT atleads.com, inc. IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM atleads.com, inc. AND ITS AFFILIATES.
LIMITATION OF LIABILITY IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING atleads.com, inc., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF atleads.com, inc., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform. ranted herein.
TERM OF AGREEMENT AND TERMINATION THIS AGREEMENT IS NON-CANCELLABLE BY BROKER DURING THE FIRST SIXTY (60) DAYS FOLLOWING ACTIVATION.
This Agreement shall remain in force and effect as long as you hold an account with atleads.com, inc.. This Agreement is automatically renewed each time you access the atleads.com, inc. website and/or log-in to your account and/or use our services. You may close your account at any time after the 60th calendar day following your account activation and terminate this Agreement by providing not less than ten (10) days prior written notice sent by traditional postal service mail, courier or facsimile to atleads.com, inc. of your desire to cancel your account. Absent such a voluntary cancellation this agreement may be terminated immediately by either party:
1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
2) At any time upon written notice (including electronic mail) with or without cause by atleads.com, inc. in the event of a material breach by you of any of the Terms of Service set forth herein.
3) Upon written notice to the other party if such party reasonably believes that (1) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (2) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
Florida law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Florida or to any Federal Court located within the southern district for the State of Florida.
INTERPRETATION AND CONSTRUCTION
No provision of this Agreement shall be construed in favor of or against atleads.com, inc. or you by reason of the extent to which any such party or its counsel participated in the drafting thereof. The parties agree that Florida Civil Code Section 1654 shall not apply to the terms of this Terms of Service Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental. In the event of any conflict between the terms of this Agreement and the Broker Order, the terms of this Agreement shall control.
Any dispute or claim arising hereunder shall be submitted to binding arbitration in Orange County, California, and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, (“AAA”), and the parties expressly waive any right they may otherwise have to cause any such action or preceding to be brought or tried elsewhere. Any such dispute 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 parties hereunder further agree that: (i) any request for arbitration shall be made in writing and must be made within a reasonable time after the claim, dispute or other matter in question has arisen; provided however, that in no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute, or other matter would be barred by the applicable statues of limitations; (ii) the appointed arbitrator must be a former or retired judge or attorney at law with at least five (5) years experience in the substantive area of this Agreement; (iii) all proceedings involving the parties shall be reported by a certified shorthand reporter and written transcripts of any such proceedings shall be prepared and made available to the parties; (iv) the decision of the arbitrator or arbitrators must be made within ninety (90) days from the date the arbitration proceedings are initiated; (v) costs and fees of the arbitrator shall be borne by the non-prevailing party, unless the arbitrator or arbitrators determine otherwise; (viii) the award or decision of the arbitrator, which may include equitable relief, and reasonable attorneys fees and costs to the prevailing party, shall be final and judgment may be entered on such award in accordance with applicable law in any court having jurisdiction over the matter. The parties agree that in connection with any such arbitration, the following provisions of the Florida Code of Civil Procedure.
Should either party file an action contrary to this provision, the other party may recover reasonable attorneys’ fees and costs of not less than one thousand ($1000) dollars and not more than the actual reasonable attorneys fees and costs incurred in defending such an action and subject to written verification, proof and approval by a court of competent jurisdiction with whom the action in question was heard.
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.
You agree to defend, indemnify and hold harmless atleads.com, inc. 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 atleads.com, inc..
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 sell, mortgage, assign or otherwise transfer any of your rights or obligations under this Agreement to any other person or entity, without the express written consent of atleads.com, inc.. Notwithstanding the foregoing, either You or atleads.com, inc. may assign its rights and obligations under this Agreement without consent and without notice to the other, and both You and atleads.com, inc. shall accept such assignment as a novation, to a successor as a result of a change in business legal structure, corporate restructuring, reorganization, merger, consolidation, or acquisition of all or substantially all of the assigning party’s stock or assets, provided that this Agreement shall be binding upon, inure to the benefit of and be enforceable by You and atleads.com, inc. and their respective successors and assigns.
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
MODIFICATION OF TERMS
atleads.com, inc. reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the atleads.com, inc. website. You are responsible for regularly reviewing these documents. Continued use of the atleads.com, inc. website after any such changes shall constitute your consent to such changes. atleads.com, inc. does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.
You’re establishing of an account and/or your use of the atleads.com, inc. website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.