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    Terms & Conditions      
         
  1. Confidential Information. For the purposes of this Agreement, "Confidential Information" means any information or material of Expert Lead Source, Inc. which is disclosed to the Client under this Agreement, including but not limited to the personal and contact information of a potential sales lead, pricing information relating to Expert Lead Source, Inc.'s services, Expert Lead Source, Inc.'s business matters, techniques and strategy, and customer and contact lists.    
           
  2. Exclusions. Notwithstanding the foregoing, Confidential Information shall not include any information, however designated, which the Receiving Party can show (a) is or has become generally available in the public without breach of this Agreement by the Receiving Party, (b) became known to the Receiving Party prior to disclosure to the Receiving Party by the Disclosing Party, (c) was received from a third party without breach of any nondisclosure obligations to the Disclosing Party or otherwise in violation of the Disclosing Party's rights, or (d) was developed by the Receiving Party independently of any Confidential Information received from the Disclosing Party.    
           
  3. Obligations Regarding Confidential Information. The Client shall restrict disclosure of Confidential Information solely to employees or consultants on a need to know basis provided such employees and/or consultants have executed appropriate written agreements with the Client to enable the Client to comply with all provisions of this Agreement, (b) shall protect the Confidential Information with at least the same degree of care and confidentiality as it affords its own confidential information, at all times exercising at least a reasonable degree of care in such protection, (c) shall not use any Confidential Information in any manner except in furtherance of the Client's principal business (in no event shall the sale of the Lead Data be construed to be the business of the Client), or as otherwise agreed by the potential customer (in the case the Confidential Information relates to a potential customer Disclosing Party in writing). Notwithstanding the foregoing, the Client may disclose Confidential Information pursuant to an order of a court or governmental agency as so required by such order, provided that the Client shall first notify Expert Lead Source, Inc. of such order and afford Expert Lead Source, Inc. the opportunity to seek a protective order relating to such disclosure. The Client agrees to notify Expert Lead Source, Inc. immediately if it learns of any use or disclosure of any Confidential Information in violation of the terms of this Agreement.    
           
  4. Payment Terms; Warranty. The Client shall deliver to Expert Lead Source, Inc. payment in the amount of the total value of the Invoice or Insertion Order in a form that is accepted by Expert Lead Source, Inc. such as wire transfer, check, money order, ACH or deposit. In the event that the Client stops payment on a check or a check is returned for insufficient funds, the Client will pay an administrative fee of $50 to Expert Lead Source, Inc. Expert Lead Source, Inc. warrants that the Lead Data is materially accurate and that the Prospective Customer has indicated agreement to be contacted regarding the subject matter of the Lead Description. Except as expressly contained in these Terms and Conditions, Expert Lead Source, Inc. makes no warranty whatsoever, express or implied, as to the products, services, and/or information provided hereunder. Expert Lead Source, Inc. makes no warranty whatsoever as to whether the Client will engage the Potential Customer as an actual customer resulting in any profit or payment as a result of the Leads delivered pursuant to these Terms and Conditions. Expert Lead Source, Inc. disclaims any warranties that could be implied in contract, in law, or in equity, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, quality, accuracy, completeness, reliability, or performance, or arising from usage of trade, course of dealing, or course of performance.    
           
  5. Lead Exchanges and Returns. If the Client determines that certain Lead Data is invalid as per the agreed filters or contains invalid contact information then we ask that the Client inform Expert Lead Source, Inc. within 3 business days of receipt of the Lead Data. We require that you specify each Lead Data file that is invalid by providing us with the lead ID # to the lead(s) of question along with a brief explanation why the Lead Data is invalid. Expert Lead Source, Inc. will replace the Lead Data free of charge once the lead has been properly reviewed and validated. In no instance will Expert Lead Source, Inc. have an obligation to refund the Purchase Price.    
           
  6. Limitation of Liability. In no event shall Expert Lead Source, Inc. be liable for any special, indirect, incidental, consequential, punitive, or exemplary loss, damage, or expense in connection with this agreement, including, without limitation, damages related to loss of profits, income, or goodwill, even if the Client is aware of the possibility of damages. In no event shall Expert Lead Source, Inc.'s liability (whether in contract, tort, or otherwise) for monetary damages under these Terms and Conditions exceed the fees paid by the Client to Expert Lead Source, Inc. hereunder in the six months prior to any such claim.    
           
  7. Indemnification. Each party agrees to indemnify the other party, such party's officers, employees, agents, consultants, members and managers from and against any third party claims, actions, and liabilities arising from the indemnifying party's actions under these Terms and Conditions; provided that the party seeking indemnification makes prompt notification to the indemnifying party of any third party claims.    
           
  8. Expert Lead Source, Inc.'s Obligations. Expert Lead Source, Inc. shall use its commercial best efforts to fulfill the Invoice with Lead Data that meets the requirements established in the Invoice for the Lead Price so indicated. Expert Lead Source, Inc. will deliver the Lead Data to the Client as it is compiled and/or generated.    
           
  9. Term. The term of this Agreement shall commence on the Effective Date outlined in the order and shall terminate upon undisputed complete delivery of the Leads for terms relating to the Leads and two (2) years thereafter with regards to the Confidential Information (the "Termination Date"), provided that all obligations hereunder with respect to disclosures of Confidential Information during the term hereof shall survive termination for a period of three (3) years from date of disclosure or the Termination Date, whichever comes last.    
           
  10. Compliance with Law. The Client shall comply with all federal, state, and local laws, statues, rules, regulations and ordinances and Federal Trade Commission regulations and opinions, and all applicable privacy and data protection laws, rules and regulations, in its use of the Lead Data. The Client assumes all risk related to compliance with any regulations governing an attorney's use of information in marketing its services to potential clients.    
           
  11. Limited Relationship. This Agreement will not create a joint venture, partnership or other formal business relationship or entity of any kind, or an obligation to form any such relationship or entity. Each party shall bear all costs and expenses incurred by it in complying with this Agreement.    
           
  12. Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, and each party consents to the jurisdiction of the courts in New Castle County, Delaware.    
           
  13. General. In the event that one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by law, the remaining provisions of this Agreement shall remain in full force and effect. Any waiver, express or implied, by any party of any of its rights arising under this Agreement must be in writing and shall not constitute or be deemed a waiver of any other right hereunder, whether of a similar or dissimilar nature. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided that the rights and obligations of the Receiving Party hereunder are not assignable without the prior written consent of the Disclosing party.    
           
  14. Entire Agreement; Counterparts. This Agreement constitutes the entire agreement between the parties relating to the purpose, and supersedes all prior discussions between the parties relating thereto. No amendment or modification of this Agreement shall be valid or binding on the parties unless in writing and signed by each party's authorized representative. This Agreement may be executed in two or more counterparts, each of which shall be considered an original, and all of which together shall constitute one and the same instrument. Each party agrees that the delivery of this Agreement via email or facsimile shall be deemed effective delivery.    
 
 

 
     
 

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