LeadPile Lead Buyer Agreement

This Lead Buyer Agreement ("Agreement") is made by between LeadPile LLC, a Delaware limited liability company ("LeadPile"), and you ("You"). LeadPile operates a "Lead Marketplace" on its website at www.LeadPile.com (the "Website").

1. Introduction
The Lead Marketplace facilitates the exchange of information about potential customers who have indicated an interest in a particular type of goods or services (each, a "Lead"). A "Lead" is defined as a specific request made by a consumer for a specific product or service (main request). A "co-registration" or "secondary request" lead is defined as a specific request made by a consumer for a different product or service, other than the main request, placed at the same time with the main request. Participants in the Lead Marketplace include "Lead Buyers" and "Lead Sellers." Each "Lead Seller" uses the Lead Marketplace to market and sell Leads. Each "Lead Buyer" uses the Lead Marketplace to search for and/or purchase Leads from Lead Sellers. Lead Buyers pay a transaction fee to LeadPile for each purchase of a Lead from a Lead Seller.

2. Participation in Programs.
You agree that, if you are accepted by LeadPile as a Lead Buyer (in LeadPile's sole and absolute discretion), you will abide by the terms and conditions of this Lead Buyer Agreement, and any other surviving agreement between you and LeadPile, e.g., the LeadPile.com Terms of Use Agreement. So long as you remain a member of the Lead Buyer program, you will have the opportunity to purchase Leads from Lead Sellers subject to the terms and conditions of this Agreement and other rules and requirements set forth by LeadPile on the Website.

Details of a Lead Buyer program will be available through the Website, including without limitation rules and requirements governing the use of Leads, and the fee(s) charged by LeadPile for your participation in and use of the Lead Marketplace.

3. Use of Leads
You agree that you will use Leads consistent with the terms and conditions of this Agreement, the rules posted on the Website, and all applicable laws and regulations. You further agree that you will not knowingly allow any person or entity to misuse Leads, and will alert LeadPile immediately upon discovering any misuse or potential misuse of any Lead.

THE MISUSE OF LEADS MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT, FORFEITURE OF ALL PURCHASED LEADS, CIVIL ACTION, CRIMINAL CHARGES, AND/OR ANY OTHER REMEDY AVAILABLE IN EQUITY OR AT LAW.

4. Representations and Warranties.
YOU REPRESENT, WARRANT, COVENANT AND AGREE THAT (A) YOU ENTER INTO THIS AGREEMENT WITH THE INTENT TO USE THE LEADS AND THE LEAD MARKETPLACE CONSISTENT WITH THE TERMS OF THIS AGREEMENT, ETHICAL BUSINESS PRACTICES, AND ALL APPLICABLE LAWS AND REGULATIONS; (B) YOU HAVE THE FULL RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT; (C) THE EXECUTION OF THIS AGREEMENT BY YOU, AND YOUR USE OF THE LEADS DO NOT AND WILL NOT VIOLATE ANY LAW OR REGULATION, OR ANY AGREEMENT TO WHICH YOU ARE A PARTY; AND (D) YOU WILL NOT ENGAGE IN OR FACILITATE THE USE OF INDISCRIMINATE ADVERTISING OR UNSOLICITED COMMERCIAL EMAIL, OR OTHERWISE FAIL TO COMPLY WITH THE CAN SPAM ACT OF 2003 OR ANY SUCCESSOR LEGISLATION, OR ANY OTHER LAW OR REGULATION THAT GOVERNS MARKETING OR COMMUNICATIONS. YOU ACKNOWLEDGE THAT LEADPILE (A) MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR COVENANTS NOT SET FORTH IN THIS AGREEMENT; AND (B) DOES NOT INVESTIGATE OR OTHERWISE VERIFY LEADS SOLD BY LEAD SELLERS.

5. Account Information.
You agree to provide LeadPile.com with accurate information (e.g., contact information, detailed corporate information, promotional methods, etc.) as set forth or required on the Website, and to maintain the information associated with your Lead Buyer account such that it remains accurate and current at all times.

6. Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LEADPILE AND OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY SUPPLIERS OF INFORMATION, ATTORNEYS, ADVERTISERS, SERVICE PROVIDERS, AND AFFILIATES HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR USE OF THE LEADS OR THE WEBSITE.

7. Arbitration.
Any controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to intellectual property, the Website, or the use of any Lead, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. 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 Phoenix, Arizona and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own legal fees and associated costs.

8. Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE LEADS, THE LEAD MARKETPLACE, AND THE WEBSITE IS AT YOUR OWN RISK. YOU FURTHER AGREE THAT THE LEADS, THE LEAD MARKETPLACE, AND THE WEBSITE ARE AVAILABLE ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LEADPILE MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE LEADS, THE LEAD MARKETPLACE, THE WEBSITE, OR ANY LEAD SELLER.

9. Limitation of Liability.
LEADPILE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM (A) THE USE OR DISCLOSURE OF ANY LEAD; (B) ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND A LEAD SELLER; OR (C) THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE LEAD MARKETPLACE OR THE WEBSITE, EVEN IF LEADPILE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LEADPILE SHALL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU TO LEADPILE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT THAT GAVE RISE TO THE DAMAGES.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT LEADPILE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH ANY TRANSACTIONS BETWEEN LEAD BUYERS AND LEAD SELLERS, OR FOR ANY INFORMATION APPEARING ON LEAD BUYERS' OR LEAD SELLERS' WEBSITES.

10.Miscellaneous
The terms and conditions of this Agreement represent the complete, final and exclusive agreement between LeadPile and you, and supersede all prior agreements, representations and understandings with the exception of the LeadPile.com Terms of Use Agreement and, if applicable, the Lead Seller Agreement. Notwithstanding the foregoing, if you entered into a separate agreement with LeadPile governing your use of the Lead Marketplace, then that agreement (the "Negotiated Agreement") will survive, and only those provisions of this Agreement that do not conflict with the Negotiated Agreement will apply. This Agreement may be terminated by LeadPile at any time for any reason or no reason. LeadPile reserves the right to change the Lead Marketplace or the Website at any time with or without notice. If any provision of this Agreement conflicts with any other rule, regulation, or agreement, the terms and conditions of this Agreement shall govern. This Agreement shall be treated as though it were executed and performed in Phoenix, Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). You agree that any legal action or proceeding between LeadPile and you permitted by the arbitration provision herein shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix Arizona. Any cause of action or claim you may have with respect to this Agreement or LeadPile.com must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, merger, or assignment of assets. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Lead Seller Agreement

This Lead Seller Agreement ("Agreement") is made by and between LeadPile LLC, a Delaware limited liability company ("LeadPile"), and you ("You"). LeadPile operates a "Lead Marketplace" on its website at www.LeadPile.com (the "Website").

1. Introduction
The Lead Marketplace facilitates the exchange of information about potential customers who have indicated an interest in purchasing a particular type of goods or services (each, a "Lead"). Participants in the Lead Marketplace include "Lead Buyers" and "Lead Sellers." Each "Lead Seller" uses the Lead Marketplace to market Leads. Each "Lead Buyer" uses the Lead Marketplace to search for and/or purchase Leads marketed by Lead Sellers. The Lead Buyer compensates the Lead Seller in accordance with this Agreement. The compensation a Lead Seller receives from a Lead Buyer in exchange for the sale of a Lead is called a "Payout."

2. Participation in Programs.
You agree that, if you are accepted by LeadPile as a Lead Seller (in LeadPile's sole and absolute discretion), you will abide by the terms and conditions of this Lead Seller Agreement, and any other surviving agreement between you and LeadPile, e.g., the LeadPile.com Terms of Use Agreement. So long as you remain a member of the Lead Seller program, you will have the opportunity to earn Payouts by selling Leads to Lead Buyers subject to the terms and conditions of this Agreement and other rules and requirements set forth by LeadPile on the Website.

Details of a Lead Seller program will be available through the Website, including without limitation rules and requirements governing the qualification and sale of Leads, and the fee(s) charged by LeadPile for your participation in and use of the Lead Marketplace.

3. Submitting Leads to LeadPile.
There are two ways to submit Leads to LeadPile. Leads can be submitted using the LeadPile "I Save Now" Form (the "LeadPile Form") or the Lead Seller's own form (a "Lead Seller Form"). Each of the LeadPile Form and the Lead Seller Form are referred to herein as a "Form." The LeadPile Form may not be revised or modified in any way by anyone other than LeadPile. The LeadPile Form may not be stored by Lead Seller or any other person or entity not authorized in writing by LeadPile. Lead Seller must load the LeadPile Form dynamically directly from LeadPile's system at the time of use as directed by LeadPile.

Your use of LeadPile Forms and Lead Seller Forms must conform to the terms and conditions of this Agreement, and you must immediately make any modifications to a Form or take any other action in connection with a Form as directed by LeadPile.

A Form may not be included on any website or page containing defamatory, offensive, abusive, obscene or illegal content or themes, including without limitation any website containing adult content or content in connection with gambling or illegal drugs. A Form may not be displayed on any website or by any Lead Seller that (a) sends email in violation of the CAN-SPAM Act; (b) is involved in the development, distribution, or support of any adware, spyware, or other malware (as defined in LeadPile's sole discretion); (c) offers incentives in connection with Lead generation; (d) provides any misleading or false information to consumers; or (e) submits or tolerates the submission of Leads by anyone other than the consumer whose information is being entered.

4. Use and Promotion of the Form.
You agree that you will not promote the Form or the use thereof in any way that is likely to mislead any person or entity. You further agree that you will not knowingly allow any person or entity to misuse the Form, and will alert LeadPile immediately upon discovering any misuse or possible misuse of the Form or any other conduct likely to result in the transmission of inaccurate and/or fraudulent information to LeadPile or any Lead Buyer.

You agree that you will not use the Form in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not, nor will you induce or permit any other person or entity to: (a) enter into the Form information not constituting an actual, current, bona fide Lead; or (b) populate or otherwise interact with the form using any automated method such as a script or bot.

LEADPILE MAY, IN ITS SOLE AND ASBOLUTE DISCRETION, DISQUALIFY ANY LEAD SUSPECTED OF FAILING TO CONFORM WITH LEADPILE'S REQUIREMENTS AND/OR THE PROVISIONS OF THIS AGREEMENT. LEAD SELLERS WILL NOT BE COMPENSATED FOR DISQUALIFIED LEADS, AND THE SUBMISSION OF DISQUALIFIED LEADS MAY RESULT IN THE TERMINATION OF A LEAD SELLER'S ACCOUNT, FORFEITURE OF ALL PAST AND/OR PRESENT PAYOUTS, CIVIL ACTION, CRIMINAL CHARGES, AND/OR ANY OTHER REMEDY AVAILABLE IN EQUITY OR AT LAW.

5. Representations and Warranties.
YOU REPRESENT, WARRANT, COVENANT AND AGREE THAT (A) YOU ENTER INTO THIS AGREEMENT WITH THE INTENT TO USE THE LEAD MARKETPLACE CONSISTENT WITH THE TERMS OF THIS AGREEMENT; (B) YOU OWN, OR OTHERWISE HAVE THE LEGAL RIGHTS AND LICENSE TO PROVIDE THE LEADS AND RELATED INFORMATION PROVIDED HEREUNDER; (C) YOU HAVE THE FULL RIGHT, POWER AND AUTHORITY UNDER ALL APPLICABLE LAWS, RULES AND REGULATIONS TO ENTER INTO THIS AGREEMENT; (D) THE EXECUTION OF THIS AGREEMENT BY YOU, AND THE PERFORMANCE BY YOU OF THIS AGREEMENT, DO NOT AND WILL NOT VIOLATE ANY LAW OR REGULATION, OR ANY AGREEMENT TO WHICH YOU ARE A PARTY; (E) YOU ACKNOWLEDGE THAT LEADPILE MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR COVENANTS NOT SET FORTH IN THIS AGREEMENT; (F) YOU HAVE PUBLISHED ON YOUR WEBSITE, WILL CONTINUE TO MAINTAIN AND PUBLISH, AND WILL CONTINUE TO COMPLY WITH, A PRIVACY POLICY CONSISTENT WITH THE FAIR INFORMATION PRACTICE PRINCIPLES PUBLISHED BY THE UNITED STATES FEDERAL TRADE COMMISSION; (G) YOU WILL NOT ENGAGE IN OR FACILITATE THE USE OF INDISCRIMINATE ADVERTISING OR UNSOLICITED COMMERCIAL EMAIL, OR OTHERWISE FAIL TO COMPLY WITH THE CAN SPAM ACT OF 2003 OR ANY SUCCESSOR LEGISLATION, OR ANY OTHER LAW OR REGULATION THAT GOVERNS MARKETING OR COMMUNICATIONS; AND (H) YOU WILL NOT ENGAGE IN ANY CONDUCT THAT DECEIVES OR MISLEADS USERS IN ANY WAY IN CONNECTION WITH THE FORM, THIS AGREEMENT, OR THE LEAD MARKETPLACE.

6. Account Information.
You agree to provide LeadPile.com with accurate information (e.g., contact information, detailed corporate information, websites used, promotional methods, etc.) as set forth or required on the Website, and to maintain the information associated with your Lead Seller account such that it remains accurate and current at all times.

7. Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LEADPILE AND OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY SUPPLIERS OF INFORMATION AND DOCUMENTS, ATTORNEYS, ADVERTISERS, SERVICE PROVIDERS, AND AFFILIATES HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEYS" FEES, ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR USE OF THE LEAD MARKETPLACE AND/OR THE WEBSITE.

8. Arbitration.
Any controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Lead Marketplace operations, intellectual property, or the Website, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. 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 Phoenix, Arizona and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own legal fees and associated costs.

9. Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE LEAD MARKETPLACE AND THE WEBSITE IS AT YOUR OWN RISK. THE LEAD MARKETPLACE AND THE WEBSITE ARE AVAILABLE ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LEADPILE MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE LEAD MARKETPLACE, ANY LEAD BUYER, ANY LEAD, OR THE WEBSITE.

10. Limitation of Liability.
LEADPILE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE LEAD MARKETPLACE OR THE WEBSITE, EVEN IF LEADPILE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LEADPILE SHALL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID BY LEAD BUYERS TO LEADPILE FOR THOSE LEADS SOLD BY YOU PURSUANT TO THIS AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT THAT GAVE RISE TO THE DAMAGES.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT LEADPILE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH ANY TRANSACTIONS BETWEEN LEAD BUYERS AND LEAD SELLERS, OR FOR ANY INFORMATION APPEARING ON LEAD BUYERS" OR LEAD SELLERS" WEBSITES.

11. Miscellaneous
The terms and conditions of this Agreement represent the complete, final and exclusive agreement between LeadPile and you, and supersede all prior agreements, representations and understandings with the exception of the LeadPile.com Terms of Use Agreement and, if applicable, the Lead Buyer Agreement. Notwithstanding the foregoing, if you entered into a separate agreement with LeadPile governing your use of the Lead Marketplace, then that agreement (the "Negotiated Agreement") will survive, and only those provisions of this Agreement that do not conflict with the Negotiated Agreement will apply. This Agreement may be terminated by LeadPile at any time for any reason or no reason. LeadPile reserves the right to change the Lead Marketplace or the Website at any time with or without notice. If any provision of this Agreement conflicts with any other rule, regulation, or agreement, the terms and conditions of this Agreement shall govern. This Agreement shall be treated as though it were executed and performed in Phoenix, Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). You agree that any legal action or proceeding between LeadPile and you permitted by the arbitration provision herein shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix Arizona. Any cause of action or claim you may have with respect to this Agreement or LeadPile.com must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, merger, or assignment of assets. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

LeadPile Terms of Use Agreement

Welcome to the LeadPile.com website (the "Site" or "Website"). By using the Site, you are agreeing to comply with and be bound by this Terms of Use Agreement (the "Agreement" or "Terms of Use"). Please review the following terms carefully. If you do not agree to these Terms of Use, you should not use this Site or the lead buying and selling services offered through the Site (the "Services"). The term "LeadPile" or "us" or "we" or "our" refers to Cashfast123 LLC, the owner of the LeadPile.com website. The term "you" refers to the user or viewer of the Site. Please read this Agreement carefully before using the Site.

These Terms of Use apply only to your use of LeadPile.com and do not change or alter any other agreement between you and LeadPile. LeadPile reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. You should visit this page periodically to review the current Terms of Use; the date of the last update will be posted for your convenience. Your continued use of LeadPile.com following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.

1. Limited License; Permitted Uses, and Relationship
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement.

Neither purchasers of leads (each a "Lead Buyer") nor sellers of leads (each a "Lead Seller") shall be construed as a LeadPile partner, representative, employee or agent, and users of LeadPile.com shall not hold themselves out as such. LeadPile.com users shall not use LeadPile's name in any advertising or solicitation without LeadPile's prior written consent. LeadPile.com users ("Users") are responsible for and shall pay all costs and expenses directly or indirectly incurred by those Users in performing under this Agreement. Users have no authority to negotiate or execute any documents for or on behalf of LeadPile or to enter into any agreement, contract, commitment or other obligation for or on behalf of LeadPile.

2. Access
You agree that you will refrain from using LeadPile.com in any way not expressly permitted by this Agreement. You further agree that you will not copy or distribute any proprietary information obtained from a LeadPile Website, including without limitation information about any leads. Your right to access your account with LeadPile (your "Account"), and any information associated therewith (e.g., Account authentication information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by LeadPile. You agree that you will not use any automated means, including without limitation agents, robots, scripts, screen-scrapers, or spiders, to access or manage your Account, or to monitor or copy any LeadPile Website, or the content contained therein except those automated means expressly made available by LeadPile, if any, or authorized in advance and in writing by LeadPile. You agree that you will not interfere or attempt to interfere with the proper working of any LeadPile Website. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on any LeadPile Website as determined by LeadPile.

3. Account Configuration
It is your sole responsibility to set and verify your Account/program settings. LeadPile assumes no responsibility for Account/program settings, and shall not be liable for any loss incurred as a result of Account/program settings. It is your sole responsibility to set your Account to 'inactive' immediately if your authentication information is compromised, or if believe your Account has been or will be used for fraudulent activity.

4. Copyrights
All information, materials and software on LeadPile.com, except noted third party materials, are the property of LeadPile and are protected under United States and international copyright laws and treaty provisions. LeadPile neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent at copyright at LeadPile dot com or call 877-LEAD-PILE.

5. Trademarks
"LeadPile.com", "LeadPile", "The World's Largest Lead Marketplace", "The World's Largest, Centralized Online Lead Marketplace", "Where Lead Buyers and Lead Sellers Meet", "Leads That Close", and words, phrases, and symbols are the trademarks or service marks of LeadPile. Marks and trademarks not owned by LeadPile and mentioned on LeadPile.com are the property of their respective owners. LeadPile will aggressively enforce its intellectual property rights to the fullest extent possible. We respect the intellectual property of others, and we ask you to do the same.

6. Errors, Corrections and Changes
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. WE MAY MAKE CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE SITE AT ANY TIME. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

7. Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any third party content or third party websites. LeadPile has not reviewed all of the sites using the technology developed by LeadPile to generate leads and is not responsible for the content of any off-site pages or any websites linked to the Site.

8. Use of Information
We reserve the right, and you authorize us, to collect, use, and disclose your information in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be required to pay you for any Submission (including without limitation, product, service or advertising ideas) no matter how that Submission is used. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for all the material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

9. Privacy Policy
You acknowledge and agree to the terms of our Privacy Policy as it may change from time to time. You can review the current version of our Privacy Policy by clicking on this link.

10. Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

11. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. You understand that you may be required to complete certain Internal Revenue Service ("IRS") tax information reporting forms prior to your receipt of any monetary sums. You further understand that LeadPile may be required to provide information regarding your earnings to the IRS or any other foreign government agency that requests such information concerning its citizens.

12. Registration to Use LeadPile.com; Use of LeadPile.com Online Marketplace
Certain sections of, or offerings from, the Site may require you to register and create an Account. If registration is requested, you agree to provide us with accurate, complete registration information, including your real name, and to update such information as it changes. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. No paid access is required for participation in The LeadPile Online Marketplace. Only Lead Buyers and Lead Sellers who have successfully completed the registration process may access or use the LeadPile Marketplace and/or other sections of the Site requiring registration.

LeadPile prohibits the use of this Site by Users that operate websites containing pornographic, racist or illegal content. The definition of pornographic, racist or illegal content is entirely at the discretion of LeadPile. LeadPile does not support the advertising or placement of advertising on any sites connected with pornography, racist or illegal content. LeadPile however, will not be held responsible for any advertisements which are placed on websites containing pornographic, racist or illegal content.

LeadPile applies a transaction service fee as set forth on the LeadPile.com website. Please click here for more details.

Interest is not paid on account balances. LeadPile is under no obligation to credit your LeadPile account balance monetary sums that may have been lost or forfeited for any reason, including without limitation software malfunctions, site downtime, errors in processing, or inadvertent Lead Buyers and Lead Seller selections.

13. Payments
You represent and warrant that (i) any credit information you supply to LeadPile is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

LeadPile will pay commissions to Lead Sellers as set forth on LeadPile.com. Please click here for more details.

LeadPile will send all payments to Lead Sellers using a method chosen by LeadPile. LeadPile reserves the right to change this method or frequency of payments made at any time.

LeadPile, in its sole discretion, may withhold payments from a User if there are outstanding monetary or fraudulent activity claims pending against that User. LeadPile may also recover any outstanding fees owed by any such User, and any payments received by such User in exchange for selling fraudulent leads, by using one or a combination of methods that include deductions to the User's current balance, credit card charges, bank account debits, or other methods. Users acknowledge that the forfeiture of earnings or deposits shall in no way prevent LeadPile from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

If you submit your credit card details, you authorize LeadPile to debit your credit card for the services purchased and any future deposits you make to your Account. To minimize credit card misuse, repeated use of invalid credit cards to make account deposits will incur penalty as set forth here. This amount will be deducted from your Account balance.

14. Lead Buyer and Lead Sellers Websites
You acknowledge and agree that LeadPile is not responsible for the content or maintenance of your website(s), or websites owned or operated by any third party (including without limitation other Lead Buyer and Lead Sellers), nor is LeadPile responsible for transactions, inquiries, solicitations or customer service concerning transactions or inquiries or solicitations placed on or through your website(s) or websites owned or operated by any third party (including without limitation other Lead Buyer and Lead Sellers). You represent, warrant and covenant that all information you provide in connection with this Agreement and on your website is, and will be updated to remain, current and accurate.

15. Fraudulent Leads
If LeadPile determines, in its sole discretion, that a User is manipulating lead data, then (i) this Agreement shall immediately terminate; and (ii) all accrued but unpaid marketing fees shall be withheld by LeadPile and forfeited by such User, and LeadPile may pursue all other remedies at law or in equity with respect to such conduct.

16. Duplicate Leads
Revenue for duplicate leads will be paid out in LeadPile's sole discretion.

17. Confidentiality of Lead Data
You covenant and agree that during the term of this Agreement, you shall not sell, offer to sell, exchange or otherwise transfer to any third party any lead data generated by you under this Agreement.

18. Refund and Return Policy
Please click here for LeadPile's refund and return policy.

19. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, arising out of your use of the Site and/or the Services.

20. Arbitration
Any controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, or the Services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. 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 Phoenix, Arizona and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own legal fees and associated costs.

18. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE AVAILABLE ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LEADPILE NOR ANY OF THE LEADPILE ENTITIES MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE SERVICES, THIRD PARTY PRODUCTS OR INFORMATION, OR LEADPILE WEBSITES, THE SUCCESS OF YOUR USE THEREOF AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.

19. Limitation of Liability
LEADPILE DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE WEBSITE OR THE SERVICES, EVEN IF LEADPILE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LEADPILE SHALL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU TO LEADPILE PURSUANT TO THIS AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT THAT GAVE RISE TO THE DAMAGES.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT LEADPILE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH ANY TRANSACTIONS BETWEEN LEAD BUYERS AND LEAD SELLERS, OR FOR ANY INFORMATION APPEARING ON LEAD BUYERS' OR LEAD SELLERS' WEBSITES.

21. Miscellaneous
The terms and conditions of this Agreement represent the complete, final and exclusive agreement between LeadPile and you, and supersede all prior agreements, representations and understandings. Notwithstanding the foregoing, if you entered into a separate agreement with LeadPile governing your use of the Website and/or Services, then that agreement (the "Negotiated Agreement") will survive, and only those provisions of this Agreement that do not conflict with the Negotiated Agreement will apply. This Agreement may be terminated by LeadPile at any time for any reason or no reason. LeadPile reserves the right to change the Website or the Services at any time with or without notice. If any provision of this Agreement conflicts with any other rule, regulation, or agreement, the terms and conditions of this Agreement shall govern. This Agreement shall be treated as though it were executed and performed in Phoenix, Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). You agree that any legal action or proceeding between Company and you permitted by the arbitration provision in Section 20 shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix Arizona. Any cause of action or claim you may have with respect to this Agreement or LeadPile.com must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, merger, or assignment of assets. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

LeadPile Privacy Policy

Your privacy is important to us at LeadPile LLC and LeadPile.com (collectively, "LeadPile"). This notice describes LeadPile's privacy policy as it relates to the LeadPile.com website (the "Website"). LeadPile may revise this privacy policy at any time, and will post any changes here, so be sure to check back periodically. By visiting the Website, you are accepting the policies described in this Privacy Policy. Your continued use of the Website after such changes have been posted will constitute your acceptance of such changes.

What information we collect: LeadPile may ask for and collect from you personally identifiable information at certain points throughout the Website. Depending on the information you request and/or the services you purchase, you may be asked to provide your name, company affiliation, payment information, e-mail address, address, phone and fax number, and similar information. Once you provide your personal information, you are not anonymous to LeadPile.

How LeadPile uses your information: LeadPile may use your information:

- To process and respond to inquiries and for the purposes for which you provided the information, such as to receive information about our services or to facilitate the purchase or sale of a lead.
- To improve the content and navigability of the Website.
- To alert you to new site features, services, and special events.
- To enforce our Terms of Use, Lead Buyer Agreement, Lead Seller Agreement, or other agreement between you and LeadPile.
- In the future, we may sell some or all of our assets. In such transactions, customer information generally is one of the transferred business assets. In the event of a sale of our assets including our database, customer information will be transferred.

Who LeadPile shares the information with: LeadPile will disclose your personally identifiable information (i) to complete your request, e.g. to facilitate the purchase or sale of a lead, (ii) to outsource one or more of the functions described in the previous section, (iii) as a part of a sale of assets as described in the previous section, (iv) as part of an investigation into suspicious lead buying or selling activity; (v) to the IRS for purposes of reporting your earnings; and/or (vi) to help collect fees you owe LeadPile. We may also share your information in response to a subpoena, legal order or request from a governmental entity.

Where and when LeadPile collects information on the Website: In addition to the information you knowingly provide, LeadPile collects the domains and IP addresses of its visitors. We also collect usage statistics such as web browser types and page requests. This data is used to more efficiently operate LeadPile's business, promote our services, and administer the Website.

How we collect information: In addition to the information gathered as described above, there is a technology called "cookies" which can be used to provide you with tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. For example, some pages on the Website use cookies so that LeadPile can better serve you when you return to the Website. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. However, please note that disabling cookies may prevent you from taking advantage of certain features on the Website.

How we protect information: LeadPile attempts to protect against the loss, misuse and alteration of your personal information. Our servers are protected by reasonable physical and electronic security measures.

How you can view or update your personal information: To ensure that you have as much control over your personally identifiable information as possible, you may update your information by accessing the "My Account" feature on the Website or by calling us at 1-877-532-3745. We will use reasonable efforts to process any change you make. Historical account information is maintained by LeadPile for security reasons.

Children: This Website is not directed toward children under 13 years of age nor does LeadPile knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to LeadPile.

Choice: You may change your preferences relating to the receipt of LeadPile information from the "Contact us" page. We will use reasonable efforts to process any change you make.

Links: The Website may add links to third-party websites. LeadPile is not responsible for the privacy practices or the content of such websites.

Contacts: If you have any questions, concerns, or suggestions regarding this privacy policy, please contact us by using the "Contact us" page.