PURCHASE AGREEMENT / REFUND POLICY
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, DO NOT REGISTER AS A MEMBER OR ORDER LEADS.
Legal Age: All Registered Members must be 18 years of age or of legal age in their country of residence if said age is over 18 years.
Regarding the "Do Not Call List" - If you (meaning I, the customer of Lead Overage) obtain leads from Lead Overage with phone numbers, you agree by accepting this agreement (you accept this agreement made through any purchase made through Lead Overage Websites or Affiliated Websites) that you will A. Check all phone numbers from your leads against the FTC's "Do Not Call List" and agree not to call any of the phone numbers on the do not call list B. That you agree you are liable under the new laws regarding this FTC run National Do Not Call List if you do call anyone from these lists.
You agree that you are completely responsible for your actions regarding the National Do Not Call List whether you know the rules or not. (Know the rules: www.ftc.gov ) and you agree that you will not hold fault against Lead Overage for any troubles you may encounter by calling people on the Do Not Call List. I agree through purchase of leads or any promotion material through Lead Overage that I will not hold Lead Overage liable regarding any infraction, lawsuits, fines, indictments or any sort of troubles regarding the Do Not Call Lists in relation to any promotion material - leads, email blasts, etc....
Refunds / Exchanges – there are no refunds after leads are sent to or downloaded by the purchaser. After leads are posted for download, emailed or mailed via post office, UPS, FedEx, Airborne etc… the leads are considered “sent”.
An exchange may be made on duplicates found within this batch order agreed upon today.
The undeliverable rate varies from mailer to mailer, from server to server, from autoresponder to autoresponder due to various factors such as blockage, blacklisting, spam filtering software etc… Therefore your deliverability rate can change drastically from autoresponder to autoresponder, mailing server to mailing server - hence Lead Overage can not guarantee a deliverability rate nor can Lead Overage refund or replace undeliverables.
We will replace any leads that were not inline with the agreed upon “lead variables” found on the Insertion Order, description listed on our site or submitted lead order form.
We will not replace leads due to “lack of performance.” Nor do we refund due to “lack of performance” of our leads. “Lack of Performance” is defined as a lack of expected or hopeful responses, inquiries, opens, deliverability or sales. Your results will vary depending on: your ad copy of your emails, your subject lines of your emails, your headlines and ad copy of your web site, the deliverability of your email sender, whether or not you checked your messages with spam filter rules (ISP's and email companies such as hotmail are continually making up new rules that will block delivery of your mail), your product, service or opportunity, market saturation of your product, service or opportunity, etc… Hence you can clearly see why there are many variables beyond lead quality that will drastically affect your response and sales rate from using our leads or any leads.
We do not claim or guarantee any sort of standard response rate. Although our clients, or we, may have had good results in the past, past performance does not guarantee future results. Again, your results will depend very much on various factors including, but not all of: 1.Your subject line of your emails. 2. Your headlines to your ad or sales letter 3.Your ad copy / sales text 4.Your ad design 5.Your web site design. 6. The ability of your mailer client, your server, your autoresponder etc…. to deliver the mail past filters, blockers and black lists. 7. Your follow up with your responses after they have requested more information. 8. Your ability to be organized and track your results with different ad copy, subject lines and offers. Hence there will be no refunds for “lack of performance”. You agree by accepting this agreement that you will simply need to change your marketing approach for possible improved performance.
ANY PURCHASE MADE ON Lead Overage IS AN ACCEPTANCE OF THIS PURCHASE AGREEMENT.
Lead Overage shall not be liable for loss of profits, or for any other claims regardless of the forms of action.
We remain the owner of all right, title and interest in the Leads and related explanatory written materials ("Documentation").
Things You May Not Do
The Leads and Documentation are protected by United States copyright laws and international treaties. You must treat the Leads and Documentation like any other copyrighted material-for example, a book. You may not:
-Copy the Documentation on this site.
-Copy the Leads except to make archival or backup copies as provided above,
-Modify or adapt the Leads or merge it into another program,
-Place the Leads onto a server so that it is accessible via a public network such as the Internet, or
-Sublicense, resell, rent, lease or lend any portion of the Leads.
You may not transfer these leads to anyone else and these leads are to be used solely for the opportunity you requested these leads. These leads are seeded. If you would like to use these leads for multiple programs you must indicate that you are using these leads for your general opportunity alert newsletter that usually promotes several opportunities at once.
Term and Termination
This license agreement takes effect upon your use of the Leads and remains effective until terminated. You may terminate it at any time by destroying all copies of the Leads and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Leads and Documentation in your possession.
This license agreement shall be governed by, construed and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Lead Overage - and/or its affiliates' intellectual property rights, Lead Overage - and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: San Diego. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: San Diego County Courthouse, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
In all cases involving a failure of the Leads to conform to the express terms set forth in the Terms Summary, Lead Overage sole obligation, and Purchaser’s sole and exclusive remedy, is for Lead Overage to provide a credit to Purchaser in an amount equal to the amount actually paid by Purchaser to Lead Overage for the corresponding Lead(s) if, and only if, Purchaser notifies Lead Overage within 72 hours of its receipt of the corresponding Lead(s).
This written license agreement is the exclusive agreement between you and us concerning the Leads and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Leads. This license agreement may be modified only by us at anytime. You agree that the Leads will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
The Lead Overage disclaims any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties.
As always, the advice of a competent legal, tax, accounting or other professional should be sought.
The Lead Overage does not warrant the performance, effectiveness or applicability of any sites listed or linked to in this Agreement or Website.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
© copyrighted by Lead Overage - No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within this Agreement under any circumstances