Welcome to the Everylead.com web site (the or this “Site”). This Site is owned and operated by Anson Road Corporation. (the “Company” or “we” or “us”). This Agreement together with your Lead Order sets forth the Standard Terms and Conditions that apply to your use of Everylead.com services. The Lead Order you complete via faxed order form or email order or through other documentation is a part of this Agreement and is incorporated herein by this reference as though fully set forth herein.
Please feel free to browse this Site; however, your access to, and use of, this Site is subject to these Terms and Conditions and all applicable laws.
BY VISITING OR USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT VISIT OR USE THE SITE.
Definitions: For the purposes of this Agreement, the terms set forth below shall have the following meanings:
1. "Agreement" refers to these Terms and Conditions AND your Lead Order;
2. "Lead 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;
3. "Consumer" shall mean an individual or entity seeking a quote or service whose personally identifiable information is the subject of a Lead;
4. "Lead" shall mean a Consumer’s personally identifiable information obtained by us and provided to you pursuant to a Consumer’s request for a quote or service
Privacy Policy
Everylead.com is committed to maintaining the privacy and security of any and all information that you provide to Everylead.com through the Site. To that end, Everylead.com urges you to review the Everylead.com Privacy Policy, which is incorporated herein by reference and may be accessed by clicking on the following link: Privacy Policy.
USER CONDUCT
Your acceptance of this Agreement is your warranty and representation to us that your conduct in performing your obligations under this Agreement will conform to all of the Terms and Conditions set forth herein and all applicable, international and/or federal, state and local laws, rules and regulations including, without limitation, the provisions of the published Everylead.com Privacy Policy; All privacy laws and anti-spam laws (including, but not limited to, the Graham-Leach-Bliley Act, the Do-Not-Call Implementation Act of 2003 and the Telephone Consumer Protection Act of 1991), laws regarding email marketing (including, but not limited to, the CAN-SPAM act of 2003), and the Fair Credit Reporting Act, and all laws, rules and regulations governing fair marketing and advertising practices. If, after you contact a Lead, the Consumer requests to be removed from any further contact from you, you agree to comply with this request for your own records AND you agree to forward that Consumer’s request to Everylead.com via e-mail at info@everylead.com within ten (10) business days of your receipt of the request. Upon the delivery of Leads, you represent, warrant and agree to:
1. 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);
2. 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 the purpose intended by the lead in question. Nor transferring the information contained in the Lead to any person or entity other than user 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 Everylead.com for all claims arising out of or related to such breach in accordance and (ii) Everylead.com may immediately terminate this Agreement without notice or a right to cure.
LEAD RETURN POLICY
Everylead.com provides a free lead overage on all orders in lieu of lead returns.Everylead.com reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to review these Terms and Conditions periodically.
USER'S RESPONSIBILITIES
You agree that you will not use Everylead.com or Everylead.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 Everylead.com or Everylead.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. Everylead.com reserves the right to terminate your account immediately and without notice, if it becomes aware and determines, in its sole discretion, that you are violating or have violated any of the foregoing.
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
THE Everylead.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 NONINFRINGEMENT. Everylead.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Everylead.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Everylead.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 Everylead.com, Anson Road Corporation., 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 Everylead.com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE Everylead.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 Everylead.com RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT Everylead.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM Everylead.com 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 Everylead.com, Anson Road Corporation, 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 Everylead.com, Anson Road Corporation, 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.
INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company, its officers, directors, employees, suppliers, agents, subsidiaries, affiliates, successors and assigns (each an “Indemnitee”) from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement; (b) your use of the Site and any transaction or other activity that arises from or is otherwise related to the Site; (c) any and all claims, demands, legal action or judgments arising out of or relating to any use, modification or enhancement of the products or services you acquire from the Company; and/or (d) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.
FORCE MAJEURE
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.
COPYRIGHT AND TRADEMARKS
All contents of the Site are proprietary to the Company, its successors and assigns, and/or its suppliers and cannot be used without the written permission of the Company. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this Site for your personal records to be used as a reference. The Company does not grant any license or other authorization to any user of its trademarks, service marks, copyrightable material or other intellectual property by placing them on this web site.
The Company reserves any rights not expressly granted herein.
GOVERNING LAW
Michigan 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 Michigan or to any Federal Court located within the State of Michigan.
MODIFICATION OF TERMS
Everylead.com reserves the right to modify this Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the Site. You are responsible for regularly reviewing these documents. Continued use of the Site after any such changes shall constitute your consent to such changes. Everylead.com does not and will not assume any obligation to notify you of any changes to this Agreement.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS
CONTACT INFORMATION
If you have additional questions regarding this Terms of Service, Everylead.com may be contacted as follows:
EveryLead.com
Michigan Office
330 East Maple #414
Birmingham, MI 48009
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