BY VISITING OR USING ANY OF PremiumLeadsDirect.com FAMILY OF WEB SITES
(Including, but not limited to www.PremiumLeadsDirect.com
OR ANY PAGE OF PremiumLeadsDirect.com Web Sites), YOU ARE
PremiumLeadsDirect.com'S FAMILY OF WEB SITES.
PremiumLeadsDirect.com offers you access to
PremiumLeadsDirect.com Web Sites in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and
as may be modified by PremiumLeadsDirect.com from time-to-time. PremiumLeadsDirect.com refers to these terms, conditions, and notices, whether modified
Agreement and/or PremiumLeadsDirect.com Web Sites without providing notification. You are responsible for regularly reviewing this
PLEASE DO NOT VISIT OR USE ANY PART OF PremiumLeadsDirect.com Web Sites.
ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB SITES
OR WEB PAGES WITHIN PremiumLeadsDirect.com Web Sites.
Your use of certain web sites and/or web pages within PremiumLeadsDirect.com Web
Sites may be subject to additional terms that are specific to such web sites and/or web pages (the "Specific Terms") as either
contained (i) on this page below this Agreement and/or (ii) on such web sites and/or web pages (for example, terms that
typically govern particular features or offers are typically found on the relevant web site or web pages).
GENERAL USE AND LIMITATIONS ON GENERAL USE OF PremiumLeadsDirect.com WEB SITES.
Except where we specify
otherwise, PremiumLeadsDirect.com offers you access to PremiumLeadsDirect.com Web Sites solely for your personal and non-commercial uses. You promise
that you will not use PremiumLeadsDirect.com Web Sites, in whole or in part, for any purpose that is unlawful or prohibited by these Terms
of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page,
use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or
services provided through or obtained from PremiumLeadsDirect.com Web Sites. This means, among other activities that you agree not to engage
in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users
or other information. You agree that you will not use PremiumLeadsDirect.com Web Sites in any manner that could damage, disable, overburden,
or impair PremiumLeadsDirect.com Web Sites or interfere with any other party's use and enjoyment of PremiumLeadsDirect.com Web Sites. You may not obtain
or attempt to obtain any materials or information through any means not intentionally made available or provided for through
PremiumLeadsDirect.com Web Sites.
If and when requested by PremiumLeadsDirect.com you agree to provide true, accurate and complete user
information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with
the written permission of PremiumLeadsDirect.com, you agree that you will not access or attempt to access password protected, secure or
non-public areas of PremiumLeadsDirect.com Web Sites. Unauthorized individuals attempting to access prohibited areas of PremiumLeadsDirect.com Web Sites
may be subject to prosecution.
Except with the written permission of PremiumLeadsDirect.com, you agree that you will not
create links from any web site or web page to any page within PremiumLeadsDirect.com Web Sites with the exception of PremiumLeadsDirect.com Web Sites
homepages, including, but not limited to pages currently located at www.PremiumLeadsDirect.com. The
origin of any such link to PremiumLeadsDirect.com Web Sites homepage must be accompanied by a clear and prominent attribution indicating
that the link is connected to PremiumLeadsDirect.com Web Sites homepage. For example, prominently positioning the "PremiumLeadsDirect.com" name and mark
such that there is clear association between the name and mark and the destination of the link is acceptable. However, you
agree that you will not juxtapose the "PremiumLeadsDirect.com" name and mark and the link with your name or any other materials in a manner
which might give rise to any erroneous conclusion that there is any affiliation or association between PremiumLeadsDirect.com, on the one
hand, and you or any other person or entity, on the other hand. You agree that if PremiumLeadsDirect.com, in its sole and unfettered
discretion, requests in writing that you remove any link or links to PremiumLeadsDirect.com Web Sites, you will promptly do so. You agree
that if you create any link to PremiumLeadsDirect.com Web Sites that you will not employ any technology that results in the placement of
content from PremiumLeadsDirect.com Web Sites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes
PremiumLeadsDirect.com Web Sites from how they would appear if a user typed in their URL to a typical browser line.
that PremiumLeadsDirect.com may in its sole discretion and at any time terminate your access to and use of the PremiumLeadsDirect.com Web Sites, or any
part thereof, with or without notice.
PremiumLeadsDirect.com Web Sites
contain content and information originated by PremiumLeadsDirect.com (the "PremiumLeadsDirect.com Content"). PremiumLeadsDirect.com presents and makes available such
content and information through PremiumLeadsDirect.com Web Sites as a public service, for the sole purpose of aiding you, the individual
consumer. PremiumLeadsDirect.com, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness
of such information. You are responsible for confirming the sufficiency and reliability of any such information.
From PremiumLeadsDirect.com Partners & Affiliates:
For your convenience, PremiumLeadsDirect.com Web Sites
contain content and information from PremiumLeadsDirect.com's affiliates and/or links to affiliate web sites ("Partner/Affiliate Content").
Such content is not under the control of PremiumLeadsDirect.com and PremiumLeadsDirect.com is not responsible for such content, including without
limitation any link contained in such content, or any changes or updates to such content. PremiumLeadsDirect.com is providing such content
to you only as a convenience, and the inclusion of such content does not imply endorsement by PremiumLeadsDirect.com of such content or the
affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate
services, content, software or sites.
MEMBER SIGN UP
TO SIGN UP AND BUY LEADS
THROUGH PremiumLeadsDirect.com YOU MUST BE A LICENSED PRACTIONER IN YOUR FIELD OF EXPERISE. YOU AGREE TO SERVICE YOUR CLIENTS IN A
TIMELY MANNER AND SERVICE THEM WITH COMPETITIVE OFFERS THAT ARE IN LINE WITH NON PREDATORY PRACTICES.
FUNDING YOUR LEAD PURCHASE ACCOUNT
You can fund your account via credit card, debit card or
echeck THROUGH PAYPAL. When using your credit card/debit card you agree not to charge back your credit card for any reason. You
also agree not to stop payments on echecks. If you charge back your credit card we reserve the right to diminish your funding
balance $100 as a fee and/OR DEACTIVATE YOUR MEMBERSHIP AND/or use reasonable forms of collection activity on your account. You
also agree that monies to fund your account are for the purchase of leads only, maintaining a balance does not warrant a cash
out of monies not utilized for leads.
If collection activity is needed to recover monies you agree to cover all
attorney fees and collection fees.
PURCHASING OF LEADS
LEADS ARE PURCHASED THROUGH
OUR AUTOMATED SYSTEM, YOUR ACCOUNT BALANCE IS AUTOMATICALLY DEDUCTED FOR EACH LEAD PURCHASE. IN THE EVENT OF DOUBLE
BILLING WE WILL GLADLY REFUND ANY EXTRA MONIES COLLECTED FROM YOUR ACCOUNT.
WE OFFER RETURNS ON LEADS 7 DAYS OLD OR LESS. PURCHASING LEADS AFTER THIS TIME FRAME IS AN "AS IS" PURCHASE AND
YOU AGREE TO TAKE THE RISKS INVOLVED IN SUCH A PURCHASE. IF A LEAD IS LESS THAN 7 DAYS OLD YOU MAY ONLY RETURN THE LEAD
IN THE FOLLOWING CONDITIONS:
1) PHONE NUMBER IS BOGUS
2) PERSONS DO NOT EXIST AT THE LEADS PHONE
YOU MAY REQUEST A REFUND USING OUR AUTOMATED DISPUTE FORM IN
THE MEMBER AREA. PremiumLeadsDirect.com MAY PERFORM DUE DILIGENCE ON A CLAIMED BOGUS LEAD. IF WE FIIND A LEAD IS GENUINE REFUNDS
WILL NOT BE ISSUED, OTHERWISE THE FULL AMOUNT WILL BE CREDITED (IN STORE CREDIT) TO YOUR ACCOUNT
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND
ALL INFORMATION, INCLUDING BUT NOT LIMITED TO PremiumLeadsDirect.com CONTENT, PARTNER/AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY
PremiumLeadsDirect.com THROUGH PremiumLeadsDirect.com Web Sites IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. PremiumLeadsDirect.com MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS,
ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. PremiumLeadsDirect.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PremiumLeadsDirect.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER
USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH
INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PremiumLeadsDirect.com Web Sites IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
INFORMATION PROVIDED BY YOU THROUGH PremiumLeadsDirect.com WEB SITES TO
In order for you to participate in certain services that PremiumLeadsDirect.com provides through
PremiumLeadsDirect.com Web Sites, PremiumLeadsDirect.com will require that you provide specific information about yourself (the "PremiumLeadsDirect.com Solicited
Information"). If you choose to participate in such services, you agree to provide true, accurate and complete information and
to refrain from impersonating or falsely representing your affiliation with any person or entity. PremiumLeadsDirect.com is committed to
maintaining the privacy and security of any and all such information that you provide to PremiumLeadsDirect.com through PremiumLeadsDirect.com Web Sites.
PremiumLeadsDirect.com provides through PremiumLeadsDirect.com Web Sites a number of venues
in which interactive services ("Interactive Services"), such as on-line calculators, planning tools, and checklists, are
offered to you. Such services are offered by PremiumLeadsDirect.com for the sole purpose of disseminating information for the public's
benefit. PremiumLeadsDirect.com cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such
services. You are responsible for confirming the sufficiency and reliability of any such service.
INFORMATION CONTAINED IN AND PROVIDED THROUGH PremiumLeadsDirect.com'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO SUBSTITUTE FOR
PROFESSIONAL ADVICE. PremiumLeadsDirect.com MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE
INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY,
VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH
SUCH SERVICES. PremiumLeadsDirect.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH
SERVICES. PremiumLeadsDirect.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS,
EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST
REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION
CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL PremiumLeadsDirect.com BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY
THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE
INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A
SERVICE IS TO STOP USING THE SERVICE.
A number of
commercial services, such as financial and contractor services, are offered by third parties through the PremiumLeadsDirect.com Web Sites.
You acknowledge that by permitting such services to be offered through PremiumLeadsDirect.com Web Sites, PremiumLeadsDirect.com is acting as a passive
conduit for the transmission to such third parties of any information related to such services that you submit to PremiumLeadsDirect.com. In
order for PremiumLeadsDirect.com to distribute your information and facilitate contacts between you and such third parties, you hereby grant
PremiumLeadsDirect.com permission to disclose any and all of the information that you provide to PremiumLeadsDirect.com to any such third party that
PremiumLeadsDirect.com, i its sole discretion, deems relevant and appropriate.
Any information that you provide to PremiumLeadsDirect.com
must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any
law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions
of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees,
taxes, titles and licenses. You must not submit a request for a third party service through PremiumLeadsDirect.com Web Sites unless you
intend, in good faith, to contract with such third party for the use of such service.
PremiumLeadsDirect.com is not and will
not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency
of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services
performed by any such third party or any other legal liability arising out of or related to the performance of such services.
In the event that you have a dispute with any such third party, you release PremiumLeadsDirect.com (and its affiliates, agents and
employees) from any and all 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.
This Agreement is governed by the laws of the State of MI, U.S.A. You hereby
consent to the exclusive jurisdiction and venue of courts sitting in MI, in all disputes arising out of or relating to the use
of PremiumLeadsDirect.com Web Sites. Use of PremiumLeadsDirect.com Web Sites is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint
venture, partnership, employment, or agency relationship exists between you and PremiumLeadsDirect.com as a result of this Agreement or use
of PremiumLeadsDirect.com Web Sites. PremiumLeadsDirect.com's performance of this Agreement is subject to existing laws and legal process, and nothing
contained in this Agreement is in derogation of PremiumLeadsDirect.com's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the PremiumLeadsDirect.com Web Sites or information provided to or gathered by PremiumLeadsDirect.com
with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this
Agreement constitutes the entire agreement between you and PremiumLeadsDirect.com with respect to PremiumLeadsDirect.com Web Sites and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PremiumLeadsDirect.com with
respect to PremiumLeadsDirect.com Web Sites. A printed version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PremiumLeadsDirect.com, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL PremiumLeadsDirect.com AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
PremiumLeadsDirect.com WEB SITES, WITH THE DELAY OR INABILITY TO USE PremiumLeadsDirect.com WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH PremiumLeadsDirect.com WEB
SITES, OR OTHERWISE ARISING OUT OF THE USE OF PremiumLeadsDirect.com WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF PremiumLeadsDirect.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF PremiumLeadsDirect.com WEB SITES, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING HOMENOCREDITCHECK.COM WEB SITES.
You agree to
indemnify, defend and hold harmless PremiumLeadsDirect.com, its partners, affiliates, subsidiaries and suppliers from any liability, loss,
claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE PremiumLeadsDirect.com SERVICE 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. PremiumLeadsDirect.com EXPRESSLY DISCLAIMS ANY
REPRESENTATION OR WARRANTY THAT THE PremiumLeadsDirect.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR
WRITTEN INFORMATION GIVEN BY PremiumLeadsDirect.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 PremiumLeadsDirect.com, PremiumLeadsDirect.com, 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 PremiumLeadsDirect.com SERVICE, INCLUDING BUT NOT LIMITED TO
RELIANCE ON ANY INFORMATION OBTAINED ON THE PremiumLeadsDirect.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
PremiumLeadsDirect.com RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT
PremiumLeadsDirect.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR
SERVICES AVAILABLE FROM PremiumLeadsDirect.com AND ITS AFFILIATES.
LIMITATION OF LIABILITY
EXCEPT FOR ACTIONS BY PremiumLeadsDirect.com TO COLLECT FEES DUE TO US, 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 PremiumLeadsDirect.com, 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
PremiumLeadsDirect.com, PremiumLeadsDirect.com, 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).
EXCEPTION OF A LEGAL ACTION BY US TO COLLECT PAYMENT OF FEES DUE FOR LEADS DELIVERED TO BROKER FOR WHICH SUCH ACTION MAY BE
BROUGHT WITHIN THREE (3) YEARS OF THE DEBT BEING INCURRED, NO OTHER 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.
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
contents of the PremiumLeadsDirect.com website are proprietary to PremiumLeadsDirect.com its successors and assigns, and/or its suppliers and are
protected under U.S.A. and international Copyright and Trademark laws. 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 website for your personal records to be used as a reference. PremiumLeadsDirect.com 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 website. PremiumLeadsDirect.com reserves any rights not expressly granted herein.
TERM OF AGREEMENT AND TERMINATION
THIS AGREEMENT IS NON-CANCELLABLE BY MEMBER DURING THE
FIRST SIXTY (60) DAYS FOLLOWING ACTIVATION.
This Agreement shall remain in force and effect as long as you hold
an account with PremiumLeadsDirect.com. This Agreement is automatically renewed each time you access the PremiumLeadsDirect.com website and/or log-in to
your account and/or use our services. You may close your account at any time after the 60th calendar day following your account
activation and terminate this Agreement by providing not less than ten (10) days prior written notice sent by traditional
postal service mail, courier or facsimile to PremiumLeadsDirect.com of your desire to cancel your account. Absence of such a voluntary
cancellation this agreement may be terminated immediately by either party:
1) In the event the other party
suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the
benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its
obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party
may have available to it under this Agreement, at law or in equity; or
2) At any time upon written notice
(including electronic mail) with or without cause by PremiumLeadsDirect.com in the event of a material breach by you of any of the Terms of
Service set forth herein.
3) Upon written notice to the other party if such party reasonably believes that (i)
performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law,
regulation, licensing requirement, ordinance or order, and (ii) that such violation or non-compliance cannot be remedied or
that the cost of remediation or compliance is prohibitive.
GOVERNING LAW AND CHOICE OF
California 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 Liability clause. The parties consent to the exclusive jurisdiction and venue of the
courts of the State of michigan, County of monroe or to any Federal Court located within the southern district for the State of
If any provisions of this Agreement shall be held to be
invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds
that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or
enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any
cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and
limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless PremiumLeadsDirect.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 PremiumLeadsDirect.com.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such
You may not sell, assign or otherwise transfer any of your
rights or obligations under this Agreement to any other person or entity, without the express written consent of PremiumLeadsDirect.com.
Notwithstanding the foregoing, either You or PremiumLeadsDirect.com may assign its rights and obligations under this Agreement without
consent and without notice to the other, and both You and PremiumLeadsDirect.com shall accept such assignment as a novation, to a successor
as a result of a change in business legal structure, corporate restructuring, reorganization, merger, consolidation, or
acquisition of all or substantially all of the assigning party's stock or assets, provided that this Agreement shall be
binding upon, inure to the benefit of and be enforceable by You and PremiumLeadsDirect.com and their respective successors and assigns.
This Agreement constitutes the final, complete, and exclusive
statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes
all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this
Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this
Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any
benefit which may be actually conferred is purely incidental.
MODIFICATION OF TERMS
PremiumLeadsDirect.com reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance
notice to you, effective upon making the modified provisions available on the PremiumLeadsDirect.com website. You are responsible for
regularly reviewing these documents. Continued use of the PremiumLeadsDirect.com website after any such changes shall constitute your
consent to such changes. PremiumLeadsDirect.com does not and will not assume any obligation to notify you of any changes to this Terms of
Your establishing of an account and/or
your use of the PremiumLeadsDirect.com website is evidence that you have read and understand this Terms of Service Agreement as set forth
above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your
account and utilizing the services contemplated by this Agreement.