TERMS OF SERVICE
AGREEMENT
This Agreement
sets forth the Standard Terms and Conditions that apply
to use of the CoreLeads.com ("CoreLeads.com") web site.
YOUR USE OF THE CoreLeads.com SERVICES INDICATES
YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.
These Terms of Service form independent
agreements between you and CoreLeads.com. The Parties
shall be liable to the other for any breach of these
Terms of Service, and you agrees that your sole recourse
in case of such breach shall be against the breaching
party.
TERMS AND CONDITIONS
You agree to
familiarize yourself with the Terms of Service, and
abide by them if you choose to use the sites, or accept
the services or benefits, to which such terms
apply.
TERM OF AGREEMENT AND TERMINATION
This
Agreement shall remain in effect as long as you have an
account with CoreLeads.com and shall automatically renew
each time you use the CoreLeads.com's services.
CoreLeads.com may terminate this Agreement at any time,
for any reason.
MEMBER CONDUCT
You agree to
abide by all applicable local, state, national and
international laws and regulations regarding your use of
our service.
MEMBERSHIP ELIGIBILITY
Our
services are only available to principals and employees
of duly organized and licensed mortgage brokers or
lenders who are in good standing. We do not accept
lenders that engage in predatory lending
practices.
REGISTERING FOR
SERVICE
Registration is free of charge to eligible
members. Each member has sole responsibility of their
account and protection of their account
information.
BUYING LEADS
If you choose to
buy leads you agree to pay the amount according to our
pricing schedule in effect at the time you buy the
leads. Your purchase is a binding contract subject to
the terms of this agreement.
FUNDING YOUR
ACCOUNT
You may add money to your account using a
credit card (minimum $150), Paypal.com or a Check. If
you use a credit card, you agree to not charge back your
card for any reason. If you use a check, you agree to
not stop payment on the check for any reason. If you
charge back your credit card, or if your check or draft
is not honored by the bank for any reason, you agree to
pay a $100 service fee. You also agree to pay any
collection costs and/or attorney fees should collection
action be initiated.
RETURN POLICY
You may
return leads for immediate credit within 72 hours of
purchase if any of the following conditions occur:
Borrower does not exist, contact information is
completely incorrect, the borrower did not fill in the
form, or the lead is a duplicate. CoreLeads.com reserves
the right to verify the reported inaccuracies and, in
CoreLeads.com's sole discretion, determine whether the
return is valid. If it is determined that the return is
not valid the charge for the lead will stand and no
credit will be issued. You may not receive a credit
if the borrower changed his/her mind about getting a
loan, got the loan elsewhere, does not call you back or
says they are not interested.
REFUND
POLICY
You may receive a refund on your CoreLeads.com
account if you were over billed due to a technical error
or if we can not deliver the leads that you have ordered
in states within a 3 month period. CoreLeads.com credits and or
funds do not have any cash or monetary value.
CoreLeads.com will not refund any amount back due to lead
quality and will only replace your CoreLeads.com account
with a credit to buy a new replacement
lead.
CONTACTING BORROWERS
If you take
delivery of leads you agree to promptly contact the
borrower and to offer the prospective borrower your most
competitive rates and highest level of service.
Furthermore, you agree to respect a prospective
borrowers' privacy and honor any requests to be removed
from any future contact list by you and to report their
request to CoreLeads.com within ten (10) business
days.
CONTENTS OF MESSAGES
You are responsible
for the contents of your messages and the consequences
of any such messages. You agree that you will not use
CoreLeads.com for chain letters, junk mail, “spamming”,
solicitations (commercial or noncommercial) or any use
of distribution lists to any person who has not given
specific permission to be included in such a process.
You further agree not to use CoreLeads.com to send any
messages or material that are unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise constitute a criminal offense, give rise to
civil liability or otherwise objectionable material of
any kind or nature or that encourages conduct that could
constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local,
state, national or international law or regulation.
CoreLeads.com reserves the right to terminate User's
account if it becomes aware and determines, in its sole
discretion, that User is violating any of the foregoing
guidelines.
ACCOUNT AND PASSWORD
You are
responsible for maintaining the confidentiality of your
account name and password. You are solely responsible
for all uses of your account, whether or not authorized
by you. You agree to immediately notify CoreLeads.com of
any unauthorized use of your
account.
LINKS
The links on the CoreLeads.com
Web Site may let you leave the CoreLeads.com Web Site.
You acknowledge that the linked sites are not under the
control of CoreLeads.com and CoreLeads.com 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. CoreLeads.com is
not responsible for web casting or any other form of
transmission received from any linked site.
CoreLeads.com
is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement
by CoreLeads.com of the linked site or any association
with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the CoreLeads.com Web
Site you warrant to CoreLeads.com that you will not use
the CoreLeads.com Web Site for any unlawful purpose. You
also agree not use our lead service to sell
CoreLeads.com's leads to another company. or individual.
RIGHTS GRANTED TO
CoreLeads.com
By
posting messages, uploading files, inputting data,
submitting any feedback or suggestions, or engaging in
any other form of communication with or through the
CoreLeads.com Web Site, you warrant and represent that
you own or otherwise control the rights necessary to do
so and to grant CoreLeads.com the licenses set forth
below. You hereby grant CoreLeads.com and its affiliated
companies permission to:
• Use, modify, copy,
distribute, transmit, publicly display, publicly
perform, reproduce, publish, sub-license, create
derivative works from, transfer, or sell any such
communication.
• Sub-license to third parties the
unrestricted right to exercise any of the foregoing
rights granted with respect to the communication.
• Publish your name in connection with any such
communication.
The foregoing grants shall
include the right to exploit any intellectual property
or proprietary rights in such communication, including
but not limited to rights under copyright, trademark,
service mark, or patent laws under any relevant
jurisdiction. No compensation will be paid or due you
with respect to CoreLeads.com's or its sub- licensee's
use of the materials contained within such
communication. CoreLeads.com is under no obligation to
post or use any materials you may provide, and may
remove such materials at any time in CoreLeads.com's sole
discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be
construed as creating any agency, legal representative,
partnership, or other form of joint enterprise between
the parties. Neither party shall have authority to
contract for or bind the other in any manner whatsoever.
CONFIDENTIALITY
The information provided to
you by CoreLeads.com is proprietary to CoreLeads.com and
is considered to be confidential information. You shall
take all reasonable steps to assure that the
confidential information shall not be disclosed by you
to others, in whole or in part, without the prior
written permission of CoreLeads.com. You may use the
information only for business purposes. You may tell the
prospective borrower that you received their request
from CoreLeads.com, however you may not share the actual
lead data with the prospective borrower or any other
third party for any reason.
RELEASE
CoreLeads.com is not involved in the actual
transaction between the parties. CoreLeads.com has no
control over the quality or accuracy of the information
provided in the leads. CoreLeads.com does not guarantee
the data contained in the leads, your results or that
you will close a loan with our leads. In the event that
you have a dispute with one or more clients obtained
through a lead, you release CoreLeads.com (and our
officers, directors, agents, subsidiaries and employees)
from claims, demands and damages (actual and
consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
such disputes
DISCLAIMER OF
WARRANTIES/LIMITATION OF LIABILITY
THE CoreLeads.com
SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. CoreLeads.com EXPRESSLY
DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE
CoreLeads.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE
OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY CoreLeads.com, ITS EMPLOYEES, LICENSORS OR
AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY
SUCH INFORMATION OR ADVICE.
UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CoreLeads.com,
OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF OR INABILITY TO USE THE CoreLeads.com
SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY
INFORMATION OBTAINED ON THE CoreLeads.com SERVICE; OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA,
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
CoreLeads.com RECORDS, PROGRAMS OR SERVICES. THE
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL
APPLY WHETHER OR NOT CoreLeads.com IS GIVEN NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL
APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE
FROM CoreLeads.com AND ITS AFFILIATES.
THE TERMS
OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND
TRADEMARKS
All contents of the CoreLeads.com Web Site
are proprietary to CoreLeads.com, and/or its suppliers
and are protected under international Copyright and
Trademark law. All rights are reserved. CoreLeads.com
reserves any rights not expressly granted herein.
ARBITRATION
Any legal controversy or legal
claim arising out of or relating to this Agreement or
our services shall be settled by binding arbitration
before the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in North
Carolina, as the parties to this agreement agree to be
governed by the laws of North Carolina. Either party may
seek any interim or preliminary relief from a court of
competent jurisdiction in North Carolina necessary to
protect the rights or property of party pending the
completion of arbitration. The prevailing party from
arbitration shall be entitled to reasonable attorney's
fees, which shall be set forth by the arbitrator(s).
Judgment upon the award rendered may be entered in any
court in the state of California with jurisdiction. The
decision of the arbitrator shall be final and binding on
the parties. The parties shall bear equally all fees,
costs and expenses of the arbitration, and each party
shall bear its own legal expenses, attorneys fees, and
costs of all experts and witnesses, provided, however,
the arbitration panel may apportion between the parties,
as said arbitrator may deem equitable, the cost incurred
by either party.
INDEMNIFICATION
You agree
to defend, indemnify and hold harmless CoreLeads.com
against any and all claims, losses, liability costs and
expenses (including but not limited to reasonable
attorneys' fees) arising from your violation of these
Terms and Conditions or any third-party's rights,
(including, without limitation, infringement of any
copyright trademark, service mark, trade secrets, right
of privacy or publicity or any other third party right).
The terms of this section shall survive the termination
of your relationship with CoreLeads.com.
MISCELLANEOUS
This Agreement constitutes the
complete and exclusive agreement between you and
CoreLeads.com and supercedes any prior Agreements between
the parties with respect thereto. This Agreement shall
be governed by and construed in accordance with the laws
of the state of North Carolina. Each party to this
Agreement hereby submits to the exclusive jurisdiction
of the courts of the state of North Carolina, and waives
any jurisdictional, venue or inconvenient forum
objections to such courts.
If any provisions of
this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it
would become valid or enforceable, then such provision
shall be deemed to be written, construed, and enforced
as so limited.
The terms of this Agreement apply
to those obligations that survive any cancellation,
termination, or rescission, namely -
confidentiality/non-disclosure, warranty,
indemnification, liability and limits thereon, rights
and obligations upon and following termination and
assignment.
CoreLeads.com's failure to enforce
the strict performance of any provision of this
Agreement will not constitute a waiver of CoreLeads.com's
right to subsequently enforce such provision or any
other provisions of this Agreement. No waiver of any
provision of this Agreement shall be effective unless in
writing.
Any headings are for reference purposes
only and in no way define, limit, construe or describe
the scope or extent of such action.
You may not
assign your rights, except in the event of a merger or
consolidation of either party, in which case the
surviving or new corporation and any subsidiaries are
similarly subject to the rights and obligations of this
Agreement.
If by reason of failures of
telecommunications or internet service providers, labor
disputes, riots, inability to obtain labor or materials,
earthquake, fire or other action of the elements,
accidents, governmental restrictions or other causes
beyond the control of CoreLeads.com, CoreLeads.com is
unable to perform in whole or in part its obligations as
set forth in this Agreement, then CoreLeads.com shall be
relieved of those obligations to the extent it is so
unable to perform and such inability to perform shall
not make CoreLeads.com liable to you.
CoreLeads.com shall have the right at any time to
change the terms of this Agreement, effective
immediately upon making the modified provisions
available on the CoreLeads.com Web Site. You are
responsible for regularly reviewing these documents.
Continued use of the CoreLeads.com Web Site after any
such changes shall constitute your consent to such
changes. CoreLeads.com does not and will not assume any
obligation to notify you of any changes to the Terms of
Service.
Providing Mortgage Leads in All Fifty States:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.