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TERMS AND CONDITIONS FOR USE OF LeadPlanet.com SERVICES, RECEIPT OF CONSUMER CONTACT INFORMATION AND FOR USE OF THE LeadPlanet.com.com WEBSITE.
Definitions: For the purposes of this Agreement, the terms set forth below shall have the following meanings:
Client (Lead Buyer):
Client is purchasing marketing services from provider.
Client warrants that they comply with all applicable federal and state laws and regulations in its business practice. This to include but not limited to the Fair Housing Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, Mortgage Acts and Practices and the federal privacy law Gramm-Leach Bliley.
Client warrants they are not currently in violation of any federal, state, or other law or regulation applicable to them in their professional Mortgage Business.
Client will not seek to hold Provider liable in any action prosecuted against Client by a borrower, government agency, or other party which alleges non-compliance with the laws applicable to originators of mortgage loans, and the mortgage industry standards or client's particular states in which they do business.
Return/ Cancellation Policy:
We will accept returns on any lead that is bogus. Bogus means the lead is not from a Real person. Please notify us within 24 hours if you receive a bogus lead and we will credit your account for that lead. All other leads provided are considered valid leads and are deducted from your account. We guarantee all leads are from real borrowers who have found us online.
From date of purchase, if you decide to cancel your order, you MUST do so within 3 days (including weekends, as leads are delivered 24 hours a day, 7 days a week) of your order. Any cancellations MUST be in writing. Orders will not be able to be canceled after 3 days as we place you in our queue for these leads. Because our leads are sold on a first come-first serve basis, any orders cancelled after 3 days could result in loss of other brokers/lenders able to service the borrowers. NO CANCELLATIONS AFTER 3 DAYS WILL BE ACCEPTED.
FUNDING YOUR ACCOUNT
The Following minimum charges apply:
Automated Lead Delivery
A Lead, is considered delivered when it is made available to you in your broker account and available to you for retrieval, regardless of any supplemental delivery method you may request. For Brokers that LeadPlanet.com determines meet the technical requirements and operational and funding eligibility criteria, Leads shall be provided to your account pursuant to the parameters defined in your initial Broker Insertion Order and according to the filtering criteria you may from time-to-time select. IT IS UP TO YOU, THE BROKER TO SET AND MONITOR YOUR DELIVERY CRITERIA. We will not change or alter your settings without your permission.
Leads are delivered to you through our automated delivery system according to the price and filter criteria you choose. Broker may choose to have Leads automatically retrieved ("Auto-Routed") from your account by our automated lead delivery system and provided to you by email or by fax; however, this does not change the delivered status once in your account nor does such an election eliminate your responsibility to check your account on a regular basis to ensure your leads are being retrieved. Auto-Routed Leads are normally delivered throughout a business day during each Business Week throughout the year, as they are received into our database and cleared through our quality assurance check. LeadPlanet.com shall endeavor to make Leads available as soon after submission as is practical given quality assurance testing and lead volume loads experienced. LeadPlanet.com shall have no responsibility for any service or server outages or failure of Broker's email system, fax system or Internet access.
LeadPlanet.com defines a "business day" as follows:
LeadPlanet.com defines a "business week" as comprised of five (5) consecutive business days Monday through Friday.
LeadPlanet.com reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to periodically review this Terms of Service Agreement.
Data provided within a lead is inputted solely by the Consumer and not LeadPlanet.com. 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 CONSUMER 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 LeadPlanet.com. As such, WE DO NOT GUARANTEE YOUR RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS.
LeadPlanet.com reserves the right to monitor your disputes and returns to determine their validity. LeadPlanet.com reserves the right to verify your dispute rationale 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 your account according to the terms set forth 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 and that you are abusing our return policy based upon the number or frequency of disallowed returns, 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, LeadPlanet.com reserves the right to terminate your account if abuse of this Lead Return Policy is proven to exist.
LeadPlanet.com reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to periodically review this Terms of Service Agreement.
REFUND/CREDIT POLICY: (PLEASE READ CAREFULLY!)
The data form provided to you by LeadPlanet.com is proprietary to LeadPlanet.com and thus provided to you in confidence and for your individual business use only. 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 LeadPlanet.com, however, without the prior written permission of LeadPlanet.com 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. UNDER NO CIRCUMSTANCES ARE YOU AUTHORIZED TO RESELL OR OTHERWISE DISTRIBUTE, WHETHER YOU ARE COMPENSATED OR NOT, ANY LEAD DATA SUPPLIED TO YOU BY LEADPLANET.COM TO ANY OTHER THIRD PARTY.
LENDER/ BROKER'S RESPONSIBILITIES
You agree that you will not use LeadPlanet.com or LeadPlanet.com 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 LeadPlanet.com or LeadPlanet.com 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. LeadPlanet.com 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.
General Use Restrictions.
LeadPlanet.com provides content and directory services through this Site. Certain information, documents, products, tools and services provided on and through this Site, including content, logos, graphics, widgets and images (together, the "Materials") that are not Submissions (as defined below) are provided to you by LeadPlanet.com and are the copyrighted and/or trademarked work of LeadPlanet.com or LeadPlanet.com's contributors or providers.
LeadPlanet.com grants you a limited, personal, non-exclusive and non-transferable license to (i) use and to display and to make one copy of the Materials (other than the widgets available on this Site) and to use the services and this Site solely for your personal use and (ii) use, reproduce, distribute, publicly perform and publicly display the widgets available on this Site on your website. Except for the licenses set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
Password Restricted Areas of this Site.
You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify LeadPlanet.com if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify LeadPlanet.com of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
Third Party Content.
Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to LeadPlanet.com ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. LeadPlanet.com DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites.
This Site may be linked to other sites that are not LeadPlanet.com sites. LeadPlanet.com is providing these links to you only as a convenience, and LeadPlanet.com is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to LeadPlanet.com set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When submitting Submissions to or otherwise using this Site and/or the Materials available on or through this Site, you agree not to, without limitation:
This list of prohibitions provides examples and is not complete or exclusive. LeadPlanet.com reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services), (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that LeadPlanet.com determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services, and (c) terminate or revoke your license to use the widgets at any time for any reason or for no reason. LeadPlanet.com may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at LeadPlanet.com's discretion, LeadPlanet.com will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. On termination or revocation of your license to use the widgets, you shall remove the widgets from your website.
These prohibitions do not require LeadPlanet.com to monitor, police or remove any Submissions or other information submitted by you or any other user. Please note that there are commercially available services and software to limit access to material that you may find objectionable.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold LeadPlanet.com and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) LeadPlanet.com or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Lead Planet.com © 1999 and Beyond. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or registered material or intellectual property is strictly prohibited without the express written consent of the owner or licensee of same. If you use the materials in a way that is not clearly allowed by the terms of these Terms, you are violating your contract with us and may be violating copyright, trademark, and other laws. In this case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made.
LeadPlanet.com Registered Service Mark.
The "LeadPlanet.com" logo, service-name and product-name is the registered service mark of Lead Planet.com Directory and Information, LLC, or one of its affiliated companies (the "Service Mark") and our exclusive right to use and display the Service Mark is protected by United States and foreign trademark and other laws. Other trademarks, names and logos on this Site are the property of their respective owners. By visiting our Site you agree not to display or use the Service Mark in any manner without our express prior written permission. To request permission to use the Service Mark, please contact us through our contact form.
LeadPlanet.com respects the intellectual property rights of others, and we ask you to do the same. LeadPlanet.com may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide LeadPlanet.com's designated agent the following information:
LeadPlanet.com's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
2033 San Elijo Ave #322
Cardiff CA 92007
Please use our contact form.
Disclaimer of Warranties.
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by LeadPlanet.com, and they may include inaccuracies or typographical or other errors. LeadPlanet.com does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. LeadPlanet.com has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by LeadPlanet.com or our licensors.
LeadPlanet.com, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LeadPlanet.com DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
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