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Terms and Conditions
 

By purchasing leads at 4qualityleads.com and/or utilizing the "Quality Prospector" contact management system, the member hereby acknowledges that he/she has read and fully understands this agreement and the terms of use and agrees to all of it's Terms and Conditions.

TERMS AND CONDITIONS OF USE

1. GENERAL

(a) This Agreement sets forth the terms and conditions which apply to the use of the 4QualityLeads.com service by MEMBER. A MEMBER is any user of the 4QualityLeads.com web system or the Quality Prospector web system. No representation, warranty, term or condition, other than as specifically set forth in this Agreement, shall be binding on 4QualityLeads.com. An online version of this Agreement will be accessible from the 4QualityLeads.com home page.

(b) 4QualityLeads.com shall have the right at any time to change or discontinue any aspect or feature. Either 4QualityLeads.com or MEMBER may terminate the service to MEMBER at any time. 4QualityLeads.com shall have the right to add to, modify or delete any provision of this Agreement, and 4QualityLeads.com has the right to add to, modify or delete any other terms of use at any time.

(c) MEMBER represents and warrants that he/she is at least 18 years of age.

(d) MEMBER is responsible in all respects (including payment obligations) for all use of MEMBER's Account and all use by others of MEMBER's Account. MEMBER will ensure that all use of MEMBER's Account complies fully with the provisions of this Agreement and all terms of use.

(e) Transfer of the Account by MEMBER to any other person or entity is prohibited.

(f) Use of the system by anyone other than the MEMBER is prohibited.

2. CHARGES

(a) MEMBER agrees to pay for his/her subscription at the point of purchase by using PayPal. It is recognized that credit card authorizations on the internet, starting in the year 2002, may require an additional verification code. MEMBER agrees to provide that code at such point as it is requested.

(b) MEMBER agrees that any dispute on charges shall be filed with the COMPANY by going either to the Support Button on the Home Page, or e-mailing support@4qualityleads.com within forty-eight (48) hours of date of receipt of leads ordered. At such time of dispute MEMBER agrees to set his/her Max Leads per Day field to zero until such time as the dispute is resolved. Any dispute on charges subsequent to this defined period will be deemed moot as the MEMBER will have continued to receive the benefits of ongoing lead delivery.

3. MEMBER CONDUCT

(a) MEMBER shall not post or transmit through 4QualityLeads.com any material that constitutes unsolicited email or as otherwise referred to as "spam."

(b) MEMBER shall use the 4QualityLeads.com system for lawful purposes only and in accordance with this Agreement. MEMBER shall not upload, post, transmit or otherwise make available on or via the 4QualityLeads.com system any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

(c) MEMBER shall not upload, post, transmit or otherwise make available on or via the 4QualityLeads.com system any material protected by copyright, trademark, patent, trade secret or other proprietary right in a manner that infringes or violates any such right.

(d) The 4QualityLeads.com system contains copyrighted material, trademarks and other proprietary information, and the entire content of the 4QualityLeads.com online system is copyrighted as a collective work under the United States copyright laws. Except as granted herein or as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of 4QualityLeads.com and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.

(e) MEMBER will not resell the 4QualityLeads.com service, or any portion thereof, or otherwise charge others to use 4QualityLeads.com, or any portion thereof. Further, MEMBER will not redistribute 4QualityLeads.com, or any portion thereof, whether or not MEMBER receives compensation for such redistribution.

(f) MEMBER acknowledges that MEMBER is responsible for and assumes all risks with respect to whether materials uploaded, posted or otherwise made available on or via 4QualityLeads.com or the Quality Prospector web system through MEMBER's Account may violate any laws or rights.

4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

(a) MEMBER agrees that the 4QualityLeads.com system is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. MEMBER further agrees that all use of the 4QualityLeads.com system (including but not limited to the accessing and use of content, information and services the purchase of merchandise and services and the transmission of information and other communications by and to MEMBER) is at MEMBER's sole risk.

(b) 4QualityLeads.com makes no representations, claims or warranties, other than what is published on this website. Representations, claims or warranties received via any media, conference, conference calls, seminars may or may not be outside of those approved by 4QualityLeads.com and Members should rely solely on the information published at the website.

(c) 4QualityLeads.com is an internet based service and as such is subject to all of the uncertainties caused by computer malfunctions, server viruses, electrical failures, vandalism, corrupted software, corrupted data and a multitude of other technical difficulties that are peculiar and unique to the internet. Even though 4QualityLeads.com takes reasonable precautions to prevent such technical difficulties it makes no warranties or guarantees of operations free of such unknowns. Such technical difficulties could affect lead delivery, accounting reports and data preservation. Each customer is advised to maintain their own records of leads purchased, order dates and training information off site to assure safety and security of their information.

5. INDEMNIFICATION

MEMBER agrees to defend, indemnify and hold harmless 4QualityLeads.com from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the 4QualityLeads.com system by MEMBER or otherwise arising out of the use of MEMBER's account.

6. UPDATE OF INFORMATION

Each MEMBER accepts full responsibility for modification of MEMBER information, including changing status of distributions email addresses, distribution methods and turning on or off other online systems. Members agree to not hold 4QualityLeads.com liable for changes in their information which is under the full and entire control of the Member.

7. REFUND POLICY

There is no refund for leads already delivered. Only UNDELIVERED leads will be considered for cancellation or refund approval. No refunds will be approved once a campaign delivery has begun even if campaign delivery is earlier than posted on the website. Refunds approved by 4QualityLeads.com shall be subject to a 15% processing fee.

8. CHARGE BACK POLICY

4QualityLeads.com has a no tolerance policy with charge back requests. We reserve the right to file civil charges against bogus charge back requests using the digital identity law in the state of Washington . This new law accepts IP addresses as legally binding proof of your identity and your order. We log your IP address with software that sees through anonymous IP address services and software. By ordering, you agree to pay any and all civil damages (which are considerable) if you dispute the charge with your credit card company. Disputes concerning charge backs will be resolved by a board of arbitration of our choosing in Seattle , Washington .

9. LEAD GUARANTEE

A good lead contains non-duplicated, accurate data, that was created by the lead when they requested help with a legal issue on the internet, and they are not already PPL members. 4QualityLeads.com does not guarantee a lead can afford or will purchase a PPL membership. If a member receives a lead that they can show is already a PPL member, they can request an exchange by replying to the e-mail notification and noting that it is a PPL member already. This must be done within 1 week of receiving the lead from 4QualityLeads.com. Once 4QualityLeads.com receives a MEMBER's exchange request, 4QualityLeads.com will contact the lead to verify the information. This could take up to 5 business days. Once confirmed as a non-lead, the lead will be replacedx, and a new single lead distribution in the next open campaign that matches the lead type being exchanged will be created and the MEMBER will receive a new lead. If the lead exchange request is rejected the MEMBER will be notified of the reason for the rejection via email. ALL rejected lead exchanges are final. Leads over 30 days old can not be exchanged.

Abuse of the LEAD GUARANTEE is a serious offense that hurts everyone. MEMBERS who have purchased more than 1 distribution of leads and who have Bad Lead Exchange Percentages (Exchanges/Leads*100) more than 3 times the company wide average will automatically revert to a 10% overshipment for all distributions. MEMBERS who have excessive Bad Lead Exchange Rejections (more than 5 rejected exchanges within the last 30 days) will automatically forfeit any current and future exchanges and will revert to a 10% overshipment for all future distributions.

10. LEAD EXCLUSIVENESS

4QualityLeads.com only distributes a lead ONE TIME, per lead type, every six months, exclusively to it's MEMBERS. If you have not sold the lead within six months and that individual reenters information to receive help, we may resell to another associate. We identify leads by their phone number and email address and if they are received again, from any source, they are considered duplicates and are not distributed within the six month period. It has been statistically proven that if you do not sell a lead within 6 months, you will not.

11. SUPPORT

All support issues are to be forwarded to support@4qualityleads.com. A reply can be expected with 24 clock hours. This is available at the Support and Help links on the website.

12. LEAD DELIVERY

All leads will be delivered within 21 days of the projected start delivery date for the campaign into which the order is placed unless other arrangements are made. Leads will usually start being delivered within 24 hours of the projected campaign start date but may be delivered earlier at 4QualityLeads.com's discretion. Within the quantities of real-time leads received in a 24 hour period and the number of active distributions, the maximum number of user definable leads that can be delivered, per distribution, daily, is 50. The user definable minimum number of leads that can be delivered daily, per distribution, is 2. Sunday lead delivery is user definable and 4QualityLeads.com will make every effort to honor MEMBERS requests not to receive leads on Sunday. but based upon the nature of real-time lead distribution that is solely at 4QualityLeads.com's discretion.

13. LEAD HOLDS

Lead distributions are at the discretion of 4QualityLeads.com. We will make every attempt to work with individuals who for whatever reason need a break from their leads. If the leads order hold is accepted, it must be updated within 72 hours. If not, the order may be placed back into the rotation. The responsibility for communication is placed on the MEMBER. If a MEMBER needs lead distributions placed on hold longer than 72 hours, they must email a Hold request to support@4qualityleads.com with the distribution information and the number of days requested for the Hold. 4QualityLeads.com will make every effort to provide longer term (more than 72 hour) Hold requests but based upon the nature of real-time lead distribution that is solely at 4QualityLeads.com's discretion.

The nature of real-time lead creation is unpredictable. At any given time, it is impossible to determine the quantities of leads we will receive based upon current advertising. Regardless of a distribution's non-active status and to ensure leads are delivered real-time, we may activate non-active status distributions and deliver leads to those distributions without advance notice. Once again we will make every effort to honor MEMBERS requests not to receive leads but if necessary we will open non-active distributions to ensure you receive ONLY real-time leads.

14. E-MAIL DELIVERY OF LEADS

4QualityLeads.com will attempt to deliver all leads to the MEMBERs supplied email address, but it is possible that some internet service providers will not allow large volumes of e-mails coming from one source. In all cases leads will appear in the members view leads page of the MEMBERs area. It is the MEMBERs responsibility to check the MEMBERs area to verify lead delivery. If the MEMBER is using the Quality Prospector, leads will also appear in that area. MEMBER may elect to turn off e-mail delivery of leads in favor of delivery only to the Quality Prospector and the view leads page of the MEMBERs area.

15. SUBSCRIPTION ORDERS

Subscription Orders will be charged to MEMBER's credit card or Paypal account and activated weekly on the day of the week the original order was ordered. For example, when you order today, one week from today your next Subscription order will be charged (via credit card or PayPal), the Subscription order created and activated.

Subscription orders are filled first. As leads are received, they are delivered first to Subscription orders until the Max Leads Per Day number is reached for these distributions. Only after all orders are completed for Subscription orders are leads distributed to other members.

4QualityLeads.com reserves the right to discontinue any MEMBERS's Subscription at any time. MEMBERS may discontinue participation in the Subscription program at any time by going to PayPal and canceling the subscription payment. By canceling, MEMBER forfeits future Subscription orders for a period of 60 days.

16. GOVERNED BY

This contract shall be governed by the laws of the State of Washington . In the event that any dispute arises between 4QualityLeads.com and MEMBER with respect to the services performed by 4QualityLeads.com or any loss or damages claimed by MEMBER, including but no limited to the validity of enforceability of this Contract, the exclusive forum to adjudicate such dispute shall be in a single arbitrator selected by the 4QualityLeads.com, which arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding. In such arbitration, the prevailing party shall be entitled to an award of its costs and reasonable attorney's fees.

© 2004, 2005, 2006, Quality Leads, LLC, All Rights Reserved.