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
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
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