Targeted Business Leads (Hereafter "The Company",
"The Company's" "We" and other applicable terms referring
to Targeted Business Leads) Terms, Conditions & Policies
1. a. These are the terms, conditions and
policies that govern the use of this website, our products and services. Your
use of this website and/or our products and services constitutes an agreement
and is conditional on acceptance of all such terms, conditions, and policies
listed on this page without any modification. By accessing this website, you
are indicating your acknowledgment and acceptance of these terms, conditions
and policies. If you do not agree to these terms, conditions and policies
please do not use this website or our products and/or services. If you have
received a personal proposal from us for any products or services if there is a
conflict between what is in the personal proposal and what is here what is in
the personal proposal is binding over anything written in these terms and
conditions since it is exclusive to you and what is here is multipurpose. That
is especially the case with our new lead generation systems since that program
was designed well after the creation of this website. In the case of lead
generation services if The Company decides to amend terms here that will
supersede what is on any written proposal you will be informed and given the
choice to accept or not. If you choose not to accept The Company has the right
to stop providing lead generation services to you. If you do not understand these
terms and conditions please contact us at lane@targeted-business-leads.com
2. a. Our privacy
statement below contains a complete list of the details on how we use your
information.
b. Our
anti-spam policy below describes our position and your obligations in regards
to our anti-spam policy.
3. a. When you call
us or request us to contact you by filling out one of the contact forms on this
web site it is deemed by The Company to be permission for us to contact you.
This contact may include representatives of the company, including, but not
limited to, management, employees, or subcontractors. This permission is
understood to mean that we may contact you by telephone, email, direct mail or
other reasonable means even if you are on do not call registries.
b. We
cannot guarantee that we can fulfill your service needs and reserve the right
to not do business with you for any reason whatsoever at any time.
4. These terms and conditions may change or be amended at any time as The
Company sees fit. These changes will be deemed to be part of this agreement and
by using this site and/or our products and/or services you also agree to be
bound by all said changes to these terms, conditions and notices. All such
changes, amendments or notices will be posted on this page for you to view.
5. You
warrant that all the information you provided is and will be accurate, current
and truthful to the best of your knowledge. If any information that you
provided is not true, current or complete, or The Company has grounds to
suspect that the information is not true, accurate, current nor complete,
The Company has and may exercise their right to refuse all current and/or
future use of The Company's products or services by you. You will not be refunded
monies you have paid. You are also responsible and liable for any and all use
of The Company's products or services by any and all persons you intentionally
or negligently grant access to The Company's web site, products or services.
6. All
information, documents, reports whether downloadable or available publicly on
the web site including the design and layout of The Company Web site are
protected by trade dress, trademark, unfair competition, and other laws and may
not be copied or imitated in whole or in part. These are provided as resource
and THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR
QUALITY OF THEM. ALL SUCH INFORMATION AND DOCUMENTS WHETHER FOR DOWNLOAD OR
AVAILABLE PUBLICLY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE DOCUMENTS WHETHER FOR DOWNLOAD OR AVAILABLE PUBLICLY PUBLISHED ON THE
COMPANY WEB SITE MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY
MAY ISSUE UPDATES TO INFORMATION AND IS UNDER NO OBLIGATION OR LIABLE FOR ANY
DAMAGES INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES BY NOT ISSUING
NOTIFICATION OF SUCH UPDATES.
7. Any
sites to which links on The Company Web site lead you are not controlled by The
Company. The Company cannot guarantee they will stay functioning as we have no
control as to whether the linked sites will stay functioning themselves. The
Company cannot in any way be responsible for the contents, functionality of any
and all of the information on or the practices of said linked sites or any of
the links to which the linked sites lead. These are provided only as resource
and any inclusion of these links does not constitute or imply an endorsement by
The Company of the site.
8. You
acknowledge that you have hired us simply to generate leads for your company or
to set you up with a lead generation system. You acknowledge that you in no way
work for us so we cannot be held responsible or liable for anything you do
whatsoever ever.
9.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY THE COMPANY, AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND
HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING
ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE
COMPANY”S PRODUCTS OR SERVICES OR IN CONNECTION WITH THE COMPANY WEB SITE OR
YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF
ANY RIGHTS OF A THIRD PARTY.
10.
You acknowledge and agree that The Company's products and services are provided
to you on an "AS IS" basis without any warranty whatsoever, and your
sole and exclusive remedy, and The Company's sole obligation to you or any
third party for any claim arising out of your use of The Company products or
services or The Company Web site, is that you are free to discontinue your use
of The Company products or services or The Company Web site at any time. EXCEPT
AS EXPRESSLY SET FORTH HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT THE
COMPANY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF
THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF
THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND
PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. The Terms and Conditions are binding to the benefit of The
Company's successors, assigns and licensees.
11. For lead generation services you must accept consecutive zip codes in
all the areas you request leads. You may of course limit the areas to which you
request we get leads for you but all zip codes must always be consecutive.
12. You must accept and pay for all leads in the area you choose to do
business. Again you may limit the areas in which you choose to work. If you
receive a lead in an area outside of your prescribed area you must inform the
company within 3 business days (This is so the lead is still warm when we
verify it and so contact information is current.) or accept it and pay for it.
13. The Company reserves the right to choose who they want to do business
with and who they don't want to. We also reserve the right to cut ties with any
customer for any reason no matter how dependent they have become on us for
their means of earning a living. (Logically we would only do this if we had a
reason to.)
14. For lead generation services or lead generation systems you grant us
permission to use your company logo or to create one for you whatever we deem
best.
15. We warrant that all leads that come from a website with your company
logo on it (that we create or you allow us to use) go exclusively to you.
16. You may pay us by credit card on a real time basis (that means we
will charge your card for leads as they come in.) or in advance by PayPal or check.
If you choose to pay by checks the check must clear before we start generating
leads for you.
17. In all cases a
valid lead may consist of only an email address. Missed calls are considered valid
leads. In the case of lead generation services they will be billed at full
price as we can not be responsible for whether phone calls are
answered. All disputes about quality of leads are handled on a case by
case basis. You must inform us in writing within 3 business days from the date
the lead is obtained if there are any questions. In the case of pay per lead
services once you give us your credit card information or pay in advance by
another method we will start generating leads for you until you inform us in
writing that you want us to stop. In the case of payment made by credit card we
will generate leads for you until you inform us I writing you want us to stop. Forty
eight hour notice (2 full business days) is required to stop lead generation
services. For other means of payment we will do so until any unused funds that
were paid to us are exhausted. In no case will funds paid by check or PayPal be
refunded under any circumstances for any reason other than that we were not
able to obtain leads for you. For lead generation services we guarantee that we
will generate at least 5 leads a year until you have all your leads. In the
case of our lead generation systems money will only be refunded if we don’t do
the work to get them up and running. We try to do this within a month of being
contracted by you but it can take much longer at times. You may request a
refund of 50% if your sites are not live on the internet 12 months after you
contract us. This having been said it usually happens much faster but it is
understood that our lead generation system consists of making multiple websites
and each one takes time. It can be a long process to get many websites live on
the internet. Please remember that these sites will be there for years
generating leads for you. If when buying leads on a pay per lead basis you want
to stop receiving leads permanently or for a limited time you must inform us as
we have expenses involved in obtaining the leads. If you fail to inform us you
will be billed for all leads received. We reserve the right to cancel your
account if you choose to stop your leads for any reason whatsoever as we have
done a lot of setup work and may need to use the site or sites for a different
client to prevent financial loss. Your doing business with us constitutes
acceptance that we can contact clients on your behalf to set an appointment or
verify lead quality. (This is a common practice among lead generation
companies.) Missed calls are considered leads. For pay per lead services they
are charged at full price as we have no control over whether you answer your
phone or not. We strongly recommend you hire a competent answering service as
no one can answer their phone 24 hours a day 365 days a year and leads from the
internet can and do come in at any and all times. With persistence most missed
calls can be contacted. If you do not want the work of pursuing the leads
please do not hire us on a pay per lead basis or buy lead generation systems
from us. Final determination of what constitutes a valid lead is left to the
sole discretion of The Company. We are able, with paid advertising, to control
the hours the campaigns run but we can not control the hours that Google and
other search engines display the organic impressions to their searchers. Our
prices and guarantees include [getting paid for] these leads too and there is
no way to stop them from coming in. We are not responsible if you don't
diligently follow up on the leads you receive by phone, email, contact form,
text message or any other way. Since the leads either called you on the
telephone or they are sent by email and text message if you request (providing
you have these services) there can be no valid reason, on our part, for your
not receiving them other than if our equipment is faulty and the leads do not
reach you. In this case you will not be charged if you have hired us on a
pay per lead basis but this is extremely rare. All privacy policy, terms and
conditions and other legal pages of your website must be provided by you as we
have no legal expertise. If you have such pages on other websites we will use
those there for your convenience. If you do not provide such information we
will merely leave this information off your site but we recommend it be there
as this makes sites look more professional. Any false information given to us
voids our contract because we took you on as a client and based on the
information you gave us and no monies will be refunded. Just as an example if
you claimed to be a CPA and we later find out you aren't. This is just an
example and there are many, many other things that could fit into this
category. You’re not trying to contact or not being able to contact any lead is
not grounds to call it an invalid lead. It does not constitute grounds for non
payment or a refund for that lead. For any type of business not getting the job
does not constitute grounds to consider a lead invalid. They are just leads,
not jobs. Sometimes people hire someone very quickly so if you delay in
contacting a lead they may have hired someone else. Although we don't send
leads to more than one client people have other sources of leads and obviously
may hire from those other sources.
18. All leads are generated on the internet and are highly targeted to
people only searching for exactly what you offer. Usually these leads come from
intensely interested people. If for some reason you do get a lead that is not
what you have asked us to generate reasonable proof for this will be accepted
and it will be considered an invalid lead. You will not be billed it for it.
You will find us reasonable to deal with on this account as we ONLY WANT
SATISFIED CUSTOMERS. With pay per lead services, if we are not able to satisfy
you with the quality leads you want we may be forced to cut ties with you and
find someone else whose expectations we can meet. It is understood that not all
leads will be able to be contacted. The price of the leads on a pay per lead
basis includes the fact that not all will be able to be contacted by you (Some
hire someone else immediately. At times not contacting a lead may be due to
missed calls or a lack of follow up things over which we have no control.)
therefore there is no reason to ever request a charge back on your credit card
or request a refund for a check that has cleared other than if the information
entered into the contact form was not a real a person. In the case of tax
resolution leads If the amount of money owed by a potential client is within
$2,500 of the minimum agreed upon to be considered a valid lead but you go
through the process of trying to help them, exchanging telephone numbers or
emails, faxing forms back and forth or other similar methods, your actions show
that you consider that to be a valid opportunity to do business with the person
so that will be considered a valid lead. Much of this will be based on the
'honor system' as we can't always know what you do but if we discover you are
being dishonest with us in this regard we are very likely to cut ties with you.
Reasonable proof for false information entered into a form will always be
accepted (we reserve the right to verify this) as we only want to get paid for
valid leads and we are concerned with maintaining a good relationship with you
and having only satisfied customers.
19. a. You accept in
the interests of increasing the numbers of leads we can generate for you we will
most likely offer a free report in exchange for an email address. You will find
that these reports offer valuable information to your perspective clients and
will build trust between you and them and help you to increase your closing
ratio and do business with them. Much as a free trial with any service does.
b. Any trials are always limited and my be excluded with seasonal
businesses and expensive markets (The company determines what it deems to
be expensive) and maybe in any market for any reason we see fit.
20. For pay per lead services the right and title to the domain name and any
dummy company name we choose to use to generate leads is our property no matter
how much your business comes to depend on it. For lead generation systems as
long as you have satisfied all obligations to us the domain name will be
transferred to you. The software still remain the property of The Company. You
will be responsible for all fees and all the work to maintain the domains since
they are on your servers now and have opted not to pay us to host them to save
that money. We still retain all copyrights to the content created. You may not
duplicate the site and put them up on other domains as you bought a license for
the number of sites you requested. Any such duplication of sites is obviously
fraudulent and you agree to pay the liquidated damages of $1,000.00 per site
that you duplicated.
21. After any trial period ends we will need your correct name, address
and credit card number so we can bill you for leads generated on a pay per lead
basis. We will not do business with anyone who will not truthfully provide this
information for us.
22. In the case of
pay per lead services your acceptance of any free trail or hiring us to do
business with you constitutes permission for us to create and put into service
as many web sites as we deem necessary to generate the maximum number of leads
for you in the area you request. These web sites are and forever will remain
our exclusive property as long as we so choose no matter how much the success
of your business depends on them. You agree to be bound by all the terms and
conditions on such site that apply to you. Any costs that we incur due to any
and all violations of the terms and conditions will be paid by you along with
any legal and court fees necessary to collect them. No lead fee will be charged
for a customer that uses the website to contact you to simply get in touch with
you for a job that came from a lead you already paid for. If a customer
requests a different service or needs service again a separate lead fee will be
charged. In the case of lead generation systems you agree that 'dummy' company
names will be used and are necessary to get traffic to the sites. A logo or
image with your real company name will appear on each site to identify your
real company and the 'dummy' name will be explained in the terms and
conditions. You are fully responsible for anything you do that results from the
sites created with these 'dummy' company names. A major part of our lead
generation system is predicated on the basis of getting traffic by the keywords
used in these 'dummy' company names.
23. Your acceptance of any free trial or hiring us to do business with
you also constitutes permission for us to use a call tracking phone number that
will be forwarded to any phone you choose. You must provide a phone number for
us to forward calls to or we cannot do business with you. If you refuse no
monies paid will be refunded to you. You grant us permission to tape any and
all calls that are received on the tracking number. This how we track leads
that come by phone and allows you to know how your staff is handling those
calls. We recommend you inform your staff they are being taped and if required
by law in your state or country to do so. The tracking number is and forever
will remain our exclusive property as long as we so choose no matter how much
the success of your business depends on it. You should not and do not have
permission to give it out to your customers. If you do you will be charged the
price of a lead for anyone you give it to. If we incur other charges because
you give that number to others you will be obligated to pay those charges and they
will be billed automatically to your credit card. You are also responsible for
any legal and court fees that we incur in collecting them form you. If
customers use the number on that site to continually contact you any telephone
charges we incur may be charged to you. No lead fee will be charged for a
customer that use that number to simply get in touch with you for a job that
came from a lead you already paid for. If a customer requests a different
service another lead fee will be charged.
24. You may not use the information provided by The Company to send SPAM.
You agree to familiarize yourself with all SPAM laws and abide by them. If the
information we provide you is used for the purposes of SPAM we reserve the
right to cut ties with you at any time without notice. You agree to provide an
unsubscribe link, or other legal way for any perspective customers or actual
customers you obtain in any way through the use of our services. YOU MUST
INFORM THE COMPANY OF ANY ALL PARTIES THAT UNSUBSCRIBE. IF YOU FAIL TO PROVIDE
US THIS INFORMATION IN THE CASE WE NEED TO CONTACT THEM AND ALL LEGAL FEES THAT
RESULT FROM ANY ACTION THAT TAKE WILL BE PAID BY YOU.
25. Under this Agreement, The Company agrees to provide to you, and you
agree to purchase from The Company, the product or service described in your
Order Form or personal proposal. You also agree to pay the purchase price,
if applicable, shown on The Company website or in your proposal for the product
or service that you have ordered. If you have purchased a product or
service for which there is an on going subscription or other fee, you agree to
pay that fee for so long as you continue to use The Company product or
service. In regards to lead generation on a pay per lead basis you may
cancel the service at any time by sending an email to The Company at lane@targeted-business-leads.com,
after which you will not be charged any further fees for lead
generation. Your obligation to purchase and pay for also applies to any of
The Company's product and services that are offered to you as a “trial
offer†unless and until you cancel your use of those products or services. If
you have agreed to a long-term subscription of a product or service the
cancellation option does not apply. For lead generation systems no
cancellations are accepted other than any refund promised on your personal
proposal.
26. Any of The Company's publications and any newsletters and other
materials that you may receive from The Company as part of The Company Service
(collectively, The Company Materials) are the exclusive property of The Company
and are protected by copyright and other applicable laws. The Company
Materials are for your own personal use, and you cannot copy any portion of The
Company Materials without the written permission of The Company or distribute
additional copies of The Company Materials to others.
27. The Company may offer you various discounts, savings and other
benefits on other products or services of The Company or its affiliates in
connection with your purchase of The Company Publications or The Company
Services. The Company does not guarantee the availability of particular
discounts, savings or other benefits other than listed on The Company web site
or otherwise in writing on specific products or services, and any discounts,
savings or benefits are subject to change, time limits and conditions as may be
determined by The Company in its discretion from time to time. No additional
fees will be charged without notice.
28. The Company's products or services and The Company Materials
(collectively, The Company Products) are provided for informational purposes
only, and what you derive from your use of The Company Products depends upon
your commitment to and effort in applying any information provided to your
business and your diligence in following up on the leads provided as well as
how you deal with potential customers and customers, quality of service
rendered and other factors. The Company does not represent, warrant or
guarantee that you will achieve any particular results in your business as a
result of your purchase and use of The Company products or services. You
acknowledge that the success of your business depends on the quality of your
business concept, your skills and effort in connection with your business and
external factors such as the general economy.
29. The Company may offer a time-limited, money-back guarantee or trial
offer on some of The Company's products and/or services. If there is a
guarantee or trial period applicable to The Company products or service that
you have purchased, that guarantee is as set out on this web site page that are
you reading now or in writing to you. With our lead generation service the
trial period, if applicable, starts when you receive your first lead. If during
the time period of your Guarantee you are not satisfied with The Company
product or service you purchased, The Company will refund the purchase price to
you (If applicable). This is your sole and exclusive remedy against The
Company and The Company’s sole and exclusive liability and obligation to you in
connection with your purchase of any The Company products services or anything
arising out of or relating to that purchase or this Agreement.
30. The exclusion or limitation of certain liabilities is prohibited by
law in some jurisdictions. Such limitations may apply to you.
31. You represent that you are of legal age to enter into binding
contracts under the laws of the jurisdiction where you reside.
32. This Agreement and all related matters will be governed by and
interpreted in accordance with the laws of the State of Massachusetts and the
federal laws of the United States applicable
therein without regard to conflict of laws rules. All disputes relating to
this Agreement shall be resolved before the Courts of the State of Massachusetts, and you
hereby irrevocably submit to the jurisdiction of the courts of the State of Massachusetts and waive any
objection that you may now or hereafter have based on inconvenient forum for
such proceedings. If any provision of this Agreement is deemed to be
invalid, void, unlawful or unenforceable for any reason, that provision will be
modified in order to make it enforceable, while maintaining the spirit of the
provision, If modification is not possible such provision will be deemed to be
severed from this Agreement and the remaining provisions will continue in full
force and effect without being impaired or invalidated in any way. This
Agreement will ensure to the benefit of and be binding upon the parties and
their respective heirs, executors, administrators, personal representatives,
successors and assigns. This Agreement sets forth the entire agreement and
understanding of you and The Company with respect to the subject matter of this
Agreement and supersedes any and all previous communications, representations,
negotiations, discussions, agreements or understanding, whether oral or
written, between you and The Company with respect to the subject matter of this
Agreement. All amounts are stated in U.S. dollars. Purchase prices
are exclusive of shipping and handling charges and any applicable taxes,
customs or duties.
33. Notwithstanding any other provision of this Agreement, and to the
maximum extent permitted by applicable law: (a) The Company’s liability
(if any) under this Agreement or otherwise is limited to the purchase price
paid by you for The Company Products, and in no event will The Company be
liable to you or any other person for any indirect, incidental, consequential,
special, punitive or exemplary loss or damage, arising from, connected with, or
relating to this Agreement, the subject matter of this Agreement, any The
Company Product or otherwise, under any theory of liability (whether in
contract, tort, strict liability or any other theory or law or equity),
regardless of any negligence or other fault or wrongdoing (including
fundamental breach or gross negligence) by The Company or any person for whom
The Company is responsible, and even if The Company has been advised of the
possibility of such potential loss or damage being incurred; and (b) in no
event will The Company’s total aggregate liability to You or any other person
under this Agreement or otherwise, under any contract, negligence, strict
liability or other legal or equitable theory, regardless of any negligence or
other fault or wrongdoing (including fundamental breach or gross negligence) by
The Company or any person for whom The Company is responsible, and even if The
Company has been advised of the possibility of such potential loss or damage
being incurred, does not exceed the purchase price paid by You to The Company
for the materials, products or service. In this paragraph, “The Company”,
“The Company's", "We" or any other way that the company is
referred to includes The Company and its past, present and future directors,
officers, employees, agents, representatives, subcontractors, service
providers, successors, permitted assigns, and related persons.
34. This Agreement and all related matters will be governed by and
interpreted in accordance with the laws of the State of Massachusetts and the federal
laws of the United States applicable
therein without regard to conflict of laws rules. All disputes relating to
this Agreement shall be resolved before the Courts of the State of Massachusetts, and you
hereby irrevocably submit to the jurisdiction of the courts of the State of Massachusetts and waive any
objection that you may now or hereafter have based on inconvenient forum for
such proceedings. The United Nations Convention on the International Sale
of Goods will not apply to this Agreement. If any provision of these Terms and
Conditions shall be deemed unlawful, void or unenforceable, for any reason, by
any court of competent jurisdiction that provision shall be modified in order
to make it enforceable, while maintaining the spirit of the provision. Alternatively,
if modification is not possible, such provision shall be stricken and shall not
affect the validity and enforceability of the remaining terms. The failure of
The Company to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision.
35. In regards to
creating lead generation systems you must provide The Company with an
autoresponder, at your expense, to capture the leads. You are responsible for
paying the bill for the autoresponder. The company will configure the
autoresponder for you. You are responsible to pay the bill for all tracking
phone numbers too. First year price of domains is included in pricing. Renewal
of domain names are to be paid for by you. If you request The Company renew the
do main there will be a $10.00 per domain charge. If you want The Company to
use our hosting company for the sites there will be an additional $10.00 fee per
do main per year beyond the purchase of the domain name and domain name renewal
fee. The company at any point can choose not to use our hosting company at
which point the domains will be transferred to a hosting company, with a
Cpanel, of your choosing and the domains will be transferred for a $20.00
transferal fee. If your hosting company does not have a Cpanel the transferal
fee will be $30.00 per domain. Anything we agree on other than what is written
here will supersede the specific clause of these terms and conditions that is
different than what is written here must be covered of domain names are
separate for people it is necessary that
If at any time
it is found that you have made copies of the sites for yourself or anyone
else or given the templates or themes to anyone else for their use you agree to
immediately pay to Lane Kovnat and The Company $100.00 per site or whatever the
present going price per site is as will be posted at www.taxprepartionleads.com
or another site that may be used along with the liquidated damages of $10,000.
(As you may know liquidated damages means an agreed amount beforehand. As long
as you don’t steal the software this is no issue.)
36. For led gene
ration systems Client must provide a hosting account onto which the websites
will be setup. If The Company hosts the websites there will be a $5.00 per year
hosting fee per site. Domain name renewals are the responsibility of the Client.
If it is requested, The Company can handle that for The Client and the going
price of a domain names along with a $10.00 fee per domain will be charged.
37. If The
Company no longer wishes to host the accounts, for any reason, at any time they
will be transferred to any hosting account of The Clients choosing or they
can be shut down.
38. The Company
is completely dependant on 3rd party providers so we can not be held
responsible or liable in any way for any problems that may result due to technology
failures including but not limited to servers, autoresponders, tracking
companies etc...
39. The Company
is not responsible for anything other than putting up the contracted number of
sites on the contracted number of domains for the Client. You recognize and
accept that even while sites are hosted through The Company we are not
responsible for anything other than using our hosting company, Blue Host (or
another of our choosing) and you are bound by all of the hosting company’s
terms and conditions.
40. The Client agrees to indemnify and defend The
Company, including paying any and all legal expenses for any and all legal
actions that result from any and all legal action taken by any and all parties against
the client.
The Company's Anti-Spam Policy
The
Company is committed to permission-based email marketing practices, and as a
result has established this no-tolerance Anti-Spam Policy. The Company
will occasionally update this Anti-Spam Policy.
1.
Spam is commercial email or unsolicited bulk email, including junk mail, which
has not been requested by the recipient. It is intrusive and often
irrelevant or offensive, and it wastes valuable resources. Spam messages
are the opposite of permission-based email, which are normally anticipated,
personal, relevant and/or associated with a pre-existing business or personal
relationship. Inappropriate newsgroup activities, consisting of excessive
posting of the same materials to several newsgroups, are also deemed to be
spam.
2.Preventing
Spam. Customers of The Company's products and services have agreed during their
registration process, upon accepting the Terms of Use, to comply with this
Anti-Spam Policy. Specifically, each customer agrees not to use The
Company products or services to send unsolicited email or bulk email, whether
or not for commercial purposes. The Company reserves the right to
determine in its sole discretion what constitutes actionable spam, as well as
what measures are necessary in response to such spam activities.
3. How
The Company Helps You to Avoid Spamming. The Company has developed its Internet
marketing tools to incorporate a strict permission-based philosophy. This
anti-spam philosophy is implemented through the following:
a.
Communication and Agreement - The Terms of Use that you have agreed to as part
of registering for The Company's products and services state how and for what
purposes you can collect your site visitor addresses, and that you will follow
The Company Privacy Policy and Anti-Spam Policy.
b.
Each email created using The Company products contains an unsubscribe
link. If your web site visitors use the link to request that they be
unsubscribed, your subscriber lists will automatically be adjusted to eliminate
the prospect of sending unwanted email to such persons. Additionally,
each person on your subscriber list has the option of unsubscribing through a web-based
method provided on The Company web site. Customers of The Company who try
to remove the unsubscribe link will be warned that they are doing so, and if
they persist in having the link removed or deactivated in any way, then The
Company will have the right to terminate their account.
c.
Purchased Mailing Lists - Mass mailings to purchased email lists are not
allowed. The Company only allows opt-in mailing lists. Purchased or
inherited lists are by definition not opt-in. Similarly, you cannot use
an email list relating to particular subject matter, and then use it for an
unrelated topic.
4. Laws Restricting Spam. Spam laws vary from state to state, and from
country to country. This Company's Anti-Spam Policy has been developed to
conform to the highest commercially reasonable standards. As a result, and
without limiting the general prohibitions against all spam activities, the
following are expressly prohibited:
a. Use
of false headers, or other false information, to identify the point of origin
or the transmission path of the email, or to hide the true origin of the email
sender,
b.
Unauthorized use of a third party's internet domain name without the permission
of such third party, to make it appear that the third party was the point of
origin of the email,
c. Use
of any false or misleading information in the subject line of the email, and
d.
Assisting any person in using the products or services of The Company for any
of these previously mentioned activities.
5. Questions to Ask Yourself
To
help in establishing whether you are participating in activities constituting
spam, ask yourself the following questions:
a. Are
you sending email to non-specific addresses, such as info@domain.com or
sales@domain.com?
b.
Have you deliberately falsified your transmission path information or
originating address?
c. Are
you sending email to mailing lists or distribution lists, which then send
indirectly to various other email addresses?
d.
Have you imported for use a purchased list of any type?
e. Are
you continuing to mail to anyone who has asked to be deleted from your mailing
list?
f.
Does your email not provide a fully functioning link to unsubscribe?
g.
Does you email subject line contain false or misleading information?
h.
Have you used a third party's email address or domain name without the party's
consent?
If you
answer yes to any of these questions, you are likely involved in spam
activities.
6.
Measures to Enforce the Anti-Spam Policy
Any of
The Company's customers found to be using The Company products or services for
spamming purposes may, at The Company's discretion, be immediately cut off from
use of all The Company products and services and/or fined US$ 1,000 per
occurrence, with no refund of fees that have been paid.
The Company warns all of its customers when signing up that if
they participate in spamming activities they will be subject to the loss of The
Company's services, fines and possible legal action.
The
Company has the right to actively review its customer's subscriber lists and
email for suspiciously large broadcasts. If The Company finds any
customers to be spamming, it may issue a warning or reserves the right if the
activities are serious enough to take action immediately if it deems
necessary. Such action may include but is not limited to disabling the customer's
account and/or reporting the customer and the incident to the proper
authorities.
The
Company does not attempt to censor any content, or to curtail the business of
its customers. However, spam activities do not fall within uses authorized
by The Company, and will not be tolerated.
7. If
you believe that you have received spam from or through The Company's
facilities, please send a complaint from your email account along with the
unsolicited email, with completed header, to lane@targeted-business-leads.com. Please
provide any other information that you believe may help us in our
investigation. The Company does not investigate or take any action based
on anonymous spam complaints.
8.
False Spam Complaints. The Company supports the efforts of various
organizations working to responsibly eliminate spam activities. However,
if an individual has opted-in to receive email from a customer of The Company,
and then falsely or maliciously files a spam complaint against The Company or
its customers, The Company will cooperate fully with the appropriate agencies
to ban the complainant from use of anti-spam software and the Internet
community.
Privacy statement
The
company has established this Privacy Policy to explain how it protects and manages
the personal information that it collects from you (the customer) online.
1. Consent for Use and Disclosure
Your
use of the company's site and/or your registration for the company's products
and services constitute your consent to the terms of this Privacy Policy. If
you do not agree to the terms of this Privacy Policy, please do not use the
company's site.
The
Company may occasionally update this Privacy Policy. The Company will notify
customers by email of changes to this policy that will affect information
collected from them in the future. In certain circumstances, however, The
Company will not inform and obtain the consent of the customer, such as in
connection with an investigation of a breach of an agreement, contravention of
laws, an emergency where the life, health or security of an individual is
threatened, the collection of a debt or in compliance with the request of a law
enforcement agency or a court order.
A
customer may withdraw his or her consent for use and disclosure at any time by
sending an email to lead@taxpreparationleads.com. Please note that, if you do,
The Company may suspend its provision of products and services to you.
2. Accountability
The
Company may collect, at the time of your registration and/or your sign-on to
its web site, certain personal information (information that personally
identifies you) including but not limited to your name, email address, home or
work address, telephone number, and information about your computer hardware
and software (e.g., IP address, operating system, browser type, domain name,
URL, access times, and referring web site addresses).
The
Company has implemented this Privacy Policy to protect personal information
received from its customers, and to respond to any inquiries. The Privacy
Policy also provides that The Company will use appropriate contractual means to
establish a comparable level of protection for personal information which is
sent for processing by third parties on The Company's behalf.
The
Company has designated responsibility for your personal information to its
Privacy Officer, who ensures compliance with the principles in this Privacy
Policy. Other individuals may be delegated to act on behalf of the Privacy
Officer.
3. Purposes for Collecting Personal Information
The
Company collects and uses personal information for the following Identified
Purposes:
(a) To
understand customer needs regarding The Company's services;
(b) To
develop and provide our web site and our products and services for our
customers;
(c) To
fulfill your requests for products, services or information;
(d) to
communicate with customers and site visitors, when necessary, and to inform
customers of upgrades, as well as of other products and services available from
The Company, its clients, affiliates and third parties;
(e) To
allow customers to access limited-entry areas of The Company's site;
(f) To
personalize some of our services and products for you and to deliver targeted
advertisements and offers from The Company and third parties;
(g) To
comply with any applicable law, regulation, legal process or government
request;
(h) to
respond to a legitimate claim, or to address our reasonable belief, that you
are violating the rights of any third party or any of the agreements or
policies that govern your use of The Company site or any of The Company's
products or services;
(i) To
protect the services, products or rights of The Company, including but not
limited to the security or integrity of The Company site; and
(j) To
identify and resolve technical problems concerning The Company's site, products
and services.
The
Company also uses personal information in an aggregate form (i.e., not
individually attributable to you) for its business analysis, operational,
marketing and other promotional purposes.
If we
hire other companies to provide some products or services on our behalf, then
we will only provide those companies the personal information they need for the
Identified Purposes, and we will limit their rights to use and further disclose
your personal information as appropriate in the course of their work for us.
4. Limiting the Collection of Personal Information
The
Company limits its collection of personal information to only that information
which is necessary for the Identified Purposes. The Company does not direct its
site to, nor does it knowingly collect any personal information from children
under the age of thirteen.
When
you visit The Company web site, a cookie may be placed on your computer or the
cookie may be read if you have visited The Company site previously. The Company
uses cookies to allow The Company to determine which products and services you
have already purchased so that The Company does not provide redundant
information to you, and, if you are an affiliate of The Company, to track The
Company sales made to customers referred by you so that you can receive
compensation under our affiliate program. If you choose to not have your
browser accept cookies from The Company web site, you may not be able to view
all the text on the screens, or to experience a personalized visit, or to
subscribe to certain service and product offerings on The Company site.
5. Disclosure, Processing and Retention
The
Company does not sell, rent or disclose your personal information to anyone
else, except:
(a) To
someone you have designated to act as your agent, for one or more of the
Identified Purposes (listed in Section 2, above);
(b) to
The Company's employees, independent contractors, subsidiaries, affiliates,
consultants, business associates, service providers, suppliers and agents,
acting on The Company's behalf for any of the Identified Purposes;
(c) as
necessary if The Company has reason to believe that disclosure is necessary to
identify, contact or bring legal action against someone who may be causing
injury to or interference (either intentionally or unintentionally) with The
Company's rights or property, other users of The Company's web site, products
or services, or anyone else that could be harmed by such activities; and
(d) To
respond to judicial process and provide information to law enforcement agencies
or in connection with an investigation on matters related to public safety, as
permitted by law, or otherwise as required by law.
In
addition, as we continue to develop our business, we or our affiliates may sell
or buy other businesses or entities, or we may merge with another company. In
such transactions, personal information may be one of the transferred business
assets. Also, in the event that The Company or substantially all of its assets
are acquired, your personal information may be one of the transferred assets.
Your
information may be stored and processed in the United States, or in any
other country in which The Company or its affiliates, subsidiaries or agents
maintain facilities. By using this web site, you consent to any such transfer
of information outside of your country.
After
your account becomes inactive (that is, if you request to be removed from our
database), The Company will keep your personal information in its archives. Your
information will then be used only as necessary for tax reasons or to prove The
Company's compliance with any applicable law.
6. Accuracy of Personal Information
The
Company will use reasonable efforts to keep customer personal information
accurate for the Identified purposes and for minimizing the possibility of
making inappropriate customer decisions based on such information. Customers
are responsible for informing The Company about changes to their personal
information. You can do this by sending an email. The Company will use new or
updated personal information it receives from customers to update its own
records.
7. Security Safeguards
The
Company will use reasonable efforts to protect customers' personal information.
8. Access to Personal Information
The
Company will afford you a reasonable opportunity to review the personal
information in your file, if you so request by email.
If The
Company is not able to provide access to some aspect of a customer's personal
information, it will provide reasons for denying access such as; that by doing
so would likely reveal personal information about a third party, or that it is
confidential commercial information or attorney-client privileged
communications, or that the information relates to a breach of an agreement or
a contravention of law, or that its disclosure could reasonably be expected to
threaten the life or security of another individual.
Customers
have the right to request that inaccurate or incomplete information be amended
as appropriate, by contacting The Company or the Privacy Officer as described
above. The Company will promptly correct such personal information.
Your
use of our services will require you to disclose certain personal information
about yourself and the services you require. Upon entering this information it
will be used by us our employees or clients that will need this information to
contact or respond to you, other persons or entities in regard to our business.
By calling, providing your contact information or filling out a contact form
requesting that we contact you, you expressly consent to being contacted by us
and our client Secured Lock and Key by means of telephone, fax, email, mail and
other reasonable means, at the contact numbers, email address and/or address
you have provided. This applies even if you are listed on any federal, state,
provincial or other applicable "Do Not Call" list. This is necessary
to provide the services you requested on this web site. |