Legal Disclaimer - Terms And Conditions Of Your Use Of This Web Site
Thank you for your interest in Health Leads Direct's on-line market place. The following agreement governs your use of this web site. If you have any questions at all about this agreement, please feel free to e-mail us at: Customer Support
Acceptance Of Terms Through Use
- Proprietary Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Health Leads Direct, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Health Leads Direct is strictly prohibited.
- On-line Conduct
User shall not engage in any conduct that restricts or inhibits any other User from using or enjoying Health Leads Direct. User agrees to use Health Leads Direct only for lawful purposes. User shall not post on or transmit through Health Leads Direct any unlawful, defamatory, libelous, vulgar, obscene, abusive, harassing, harmful, threatening, or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. User acknowledges that Health Leads Direct offers an unparalleled opportunity for communication and information sharing among a wide variety of participants in the insurance industry, including competitors in the market for various insurance products and related services. User shall be solely responsible for ensuring that User's Account shall not be used in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. User covenants and agrees to defend, indemnify and hold harmless Health Leads Direct and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to any breach of any of the foregoing provisions of this agreement involving use of User's Account. If you choose to participate in or use any of the marketing services available on Health Leads Direct, you must always use your real name, and you will remain solely responsible for the materials created and the content of your messages posted on Health Leads Direct.
- No Warranties/Limitation of Liability.
- Health Leads Direct is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
- Under no circumstances, and under no legal theory, whether in tort, contract or otherwise, shall Health Leads Direct, any of its subsidiaries, affiliates, parent companies, suppliers or independent contractors, or any of their directors, officers, employees, or agents, or anyone else involved in developing or distributing Health Leads Direct (all of the foregoing are hereinafter collectively referred to as the "Health Leads Direct parties"), be liable for any economic harm resulting in any way from the use of, or inability to use, Health Leads Direct, including, without limitation, any economic harm resulting from reliance on any network content or resulting from any interruptions, work stoppages, computer failures, communication failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind. In no event shall the total liability of the Health Leads Direct parties, either jointly or severally, exceed the total amount paid by user to Health Leads Direct for access fees and other charges in connection with user's access to and use of Health Leads Direct within the last six calendar months.
- Distribution of Network Content
Similar to newsstands, libraries and bookstores, Health Leads Direct does not exercise editorial control over network content provided, uploaded, published or distributed by users and other participants in Health Leads Direct. In other words, Health Leads Direct is merely a distributor, not a publisher, of such network content. Such network content contains the views, opinions, statements, offers, and other material of the respective users, participants or authors. Health Leads Direct does not endorse, is not responsible for, and makes no representations or warranties regarding, such network content or its accuracy, merchant ability or fitness for any particular purpose, and Health Leads Direct shall not be liable for any economic harm resulting from or in connection with reliance on any such network content. In addition, Health Leads Direct shall not be a party to, or liable in any way for any Economic Harm associated with, any transaction between User and any other User or participant in Health Leads Direct. Any products or services offered or sold on or through Health Leads Direct by any person other than Health Leads Direct are offered or sold subject to terms and conditions solely between User and such other person.
- User Responsibilities
Each User is responsible for all activities and charges in connection with use of User's Account by any person or entity, and for ensuring full compliance with this Agreement by all users of User's Account. User shall take all reasonable steps necessary to inform any and all of User's employees, officers, or agents who access and/or use Health Leads Direct of the terms and conditions governing such access and/or use. User's Account with Health Leads Direct may not be transferred without prior written approval from Health Leads Direct and is subject to any limits established by Health Leads Direct.
- User shall take all reasonable precautions to ensure the confidentiality of the [password/User ID/Access Code] assigned by Health Leads Direct.com to User for access to Health Leads Direct. User is responsible for maintaining the confidentiality of User's [password/User ID/Access Code] and shall be solely liable for any economic harm resulting from disclosing, or suffering or permitting disclosure of, User's [password/User ID/Access Code]. In the event of any such disclosure or other breach of security, User will remain liable for any unauthorized use of Health Leads Direct until User delivers written notice thereof to Health Leads Direct and obtains a new [password/User ID/Access Code] from Health Leads Direct.
This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of California, County of Orange, regardless of the law, choice of law, or conflict of laws of any other jurisdiction.
Health Leads Direct reserves the right to disclose certain personal information which you provide during registration (i.e., your name, Internet and mailing addresses, daytime telephone number) to third parties for the purpose of providing you with information about their services and products, unless you elect during registration not to have these third parties send e-mail to you regarding their services and products. You may request to be removed from our mailing list at any time by sending an e-mail request to www.professional-services.info. However, if you respond to a survey, request information, conduct a transaction, or subscribe to a service involving a third party via Health Leads Direct you consent to having your personal information disclosed to that third party. Furthermore, Health Leads Direct may collect demographic information and information regarding your usage of specified areas and disclose such information to third parties, although in so doing Health Leads Direct will not disclose your personal identity.
User covenants and agrees to defend, indemnify and hold harmless Health Leads Direct and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees (collectively, together with Health Leads Direct, the "Indemnities") from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to (i) any breach by User of any term or condition of this Agreement, (ii) the placement or transmission by or through User or User's Account of any Network Content on Health Leads Direct If any action shall be brought against any Indemnity in respect to which indemnity may be sought against User under this Agreement, User shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any such Indemnity shall have the right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such separate counsel and participation shall be borne by such Indemnity unless otherwise agreed to in writing by User.
- Further Reservation of Health Leads Direct's Rights
- Health Leads Direct reserves the right, in its sole discretion, to select Users and to refuse service or subscription to Health Leads Direct to any person or entity for any reason or for no reason whatsoever. Health Leads Direct may terminate immediately and without notice the Account of any User who misuses Health Leads Direct or fails to comply with any term or condition of this Agreement.
- Health Leads Direct, in its sole discretion, may, at any time and from time to time, and in any manner modify this Agreement and adopt additional terms and conditions governing Users' access and use of Health Leads Direct. Any modification or addition is effective immediately upon its posting in this location or any other location designated for such purposes on Health Leads Direct or upon transmittal of written notice thereof to User.
- Health Leads Direct may, at its sole discretion, modify, supplement or discontinue any aspect of Health Leads Direct, including, but not limited to, (i) restricting the hours or dates of access to Health Leads Direct, (ii) restricting the means of access to Health Leads Direct to certain computer types and to certain operating systems, (iii) limiting the amount of access time and/or use permitted, and (iv) restricting or terminating any User's right to access or use Health Leads Direct or any portion thereof, at Health Leads Direct.com's sole discretion and without prior notice or liability. Health Leads Direct reserves the right to change or add any fees or charges for access or use of Health Leads Direct at any time effective upon ten (10) days' prior notice.
- Either User or Health Leads Direct may terminate User's Account at any time, for any reason or no reason at all. User's only right with respect to any dissatisfaction with (i) any term or condition of this Agreement or any change therein, or any decision, policy, or action of Health Leads Direct in operating Health Leads Direct, or (ii) the quality, quantity or any other aspect of the Network Content available at any time through Health Leads Direct or any change therein, is to terminate User's Account by delivering written notice thereof to Health Leads Direct.com.
- Health Leads Direct may terminate User's Account, or suspend any individual User's access to all or any part of Health Leads Direct, without notice, for any reason, including, without limitation, for any conduct that Health Leads Direct, in its sole discretion, believes violates this Agreement, interferes with another User's use or enjoyment of Health Leads Direct, or is harmful to another User or participant in Health Leads Direct.
- User acknowledges and agrees that the provisions of this Agreement shall survive the termination of User's Account and User shall thereafter remain bound by such provisions.
- Product Credit
Since all leads sold on the Health Leads Direct web site are consumer initiated and transmitted there can be occasion when a lead is "bad" or due for a replacement. To allow for quick and convenient replacement of a lead, we've automated our replacement request procedure. We reserve the right to audit replacement requests. Simply put, we'll replace a lead if:
- The consumer has given us bad contact information (i.e. phone number not in service)
- The lead is a fictitious person or agent
- The lead is a duplicate for one that you have already purchased on this web site
Replacement requests will be reviewed and approved or denied within two business days. Please note: Users have to be "regular" members of this site to input replacement requests. If you are a guest member, (someone who has not returned our usage agreement), you will not be able to request replacements. Please take a moment to fill out our usage agreement to become a regular member.
Expiration of Credit
Any credits purchased within Health Leads Direct shall expire twelve months after the credit was approved for use within the system. Any credit unused at the end of the twelfth month after the credit was approved for use within the system shall be deemed expired, and will be removed from your account. All credits subject to expiration will expire the last day of the twelfth month after the credit was approved for use within the system.