TERMS
OF SERVICE
By executing a purchase of lead (s) from the Callprospect.com
store (hereinafter, web site) owned and operated by Global Data
Mining LLC (hereinafter "Callprospect.com"), the purchaser
(hereinafter you) acknowledges and agrees to the following terms
and conditions.
REGISTERING FOR SERVICE
Registration is free of charge to eligible members. You may only
register one time for our service. After you register, you may
set up sub accounts if you need to have more filters or set up
accounts for other loan officers at your company.
BUYING LEADS
Lead costs vary depending upon the type of service you request
and the type of lead requested. Regardless of the type of lead
requested, if you decide to make a purchase, the price of the
leads will be based upon the Callprospect.com pricing schedule
in effect at the time you buy the leads. YOUR PURCHASE IS A BINDING
CONTRACT subject to the guarantee, return and refund policies
and other terms of service set forth herein. Your account will
be immediately debited for the total purchase amount base upon
the current market price for the leads as stated in the Callprospect.com.
pricing schedule in effect at the time you buy the leads.
FUNDING YOUR ACCOUNT
We offer three methods by which you may fund your account.
(1) Credit card: There is a one hundred ($100) dollar minimum
for funding an account via credit card. If you use a credit card
to fund your account, YOU AGREE TO NOT CHARGE BACK YOUR CARD FOR
ANY REASON. If you are dissatisfied with our services or any lead
or leads you have purchased using your credit card you must follow
the return/refund policy and procedures set forth under these
terms of service. In the event you breach this term and you charge
back your credit card for all or partial amounts within your account,
you will be charged an administrative service fee of one hundred
dollars, which you agree to pay in addition to the amount of the
lead purchase fee due for leads you have received to the date
of the charge back.
(2) Check or Draft: There is a one hundred ($100) dollar minimum
for funding an account via check or draft If you use a check,YOU
AGREE TO NOT STOP PAYMENT ON THE CHECK FOR ANY REASON. If you
are dissatisfied with our services or any lead or leads you have
purchased using your check or draft you must follow the return/refund
policy and procedures set forth under these terms of service.
If your check or draft is not honored by the bank for any reason,
you are subject to and will be charged a return check fee equal
to three times the face value of the check up to a maximum of
one hundred ($100) dollars, which you agree to pay in addition
to the check face amount.
In any of the above circumstances, you also agree to pay any collection
costs and reasonable attorney fees and court costs should collection
action be initiated.
LEAD CONTENT GUARANTEE AND
RETURN POLICY
Automatically Routed Leads: Lead costs are influenced by the filter
choices you make. By electing this level of service, leads are
automatically sent to you each business day based upon the filter
criteria you choose. When a reference is made on our web site
as to the age of the lead, that age is stated in terms of business
days, not calendar days.
Callprospect.com defines a business day as follows:
1) Each 24 hour period beginning at 12:01 A.M. Eastern Standard
Time on Monday through 12:00 midnight Friday shall be considered
as one business day.
2) Saturday and Sunday are not considered as business days.
3) The following holidays are not considered as business days:
New Years Day, Memorial Day, Independence Day, Labor Day, Thanks
giving and Christmas.
A "48 hours old lead" is defined as a lead received
by Callprospect.com that has completed and passed our lead validation
process and is made available for distribution on the next two
business days following the validation process. Any lead downloaded
in to the Callprospect.com database during a non-business day
shall be considered received by Callprospect.com on the next business
. For example, a lead received by Callprospect.com on a Monday
and ready for distribution on that same Monday will be considered
"Fresh",or "48 hours old" when distributed
on Tuesday and Wednesday(the next two business days). Conversely,
a lead received by Callprospect.com on a Friday and is ready for
distribution on that same Friday will be considered "Fresh",
or "48 hours old" when distributed on Monday and Tuesday.
(The next business day)
We guarantee each automatically routed lead to have a valid name,
one valid contact phone number, a valid address and that the lead
is from a customer who affirmatively submitted a request for more
information on a mortgage loan. We will credit to your account
the amount you paid for any automatically routed lead that contains
false or incomplete contact information as promised.
Data provided within a lead is inputted by the consumer and not
Callprospect.com. We do not guaranteed the age of the data contained
in a lead or that their e-mail address is correct or that their
stated home value, requested loan amount, credit quality, or interest
rate is exactly correct as these are estimates entered by the
consumer when completing the application. How you approach and
handle each lead is up to you and not under the control of Callprospect.com.
As such, WE DO NOT GUARANTEE YOU RESULTS OR THAT YOU WILL CLOSE
ANY LOANS WITH OUR LEADS. Since our leads could be non-exclusive,
the customer may have already started a loan process with another
loan officer, so this would not be considered a valid reason for
a dispute. We recommend contacting the person as soon as you get
the lead so you can be the first to earn the relationship. CALLPROSPECT.com
reserves the right to monitor your returns and change or adjust
this policy without notice, so you are encouraged to review these
terms of service periodically. Callprospect.com., reserves the
right to verify,dispute rational, and in our sole discretion,
determine if your dispute is valid. In the event your dispute
is determined to be without merit, the charge for the valid lead
will stand against your account and no credit will be issued.
You will be notified via your account report of our action to
either accept or deny your dispute within ten(10) working days
of receipt of your dispute.
Web Site Leads: Under this option, you must manually choose the
leads you wish to purchase each time you log into your account.
Lead costs are discounted for this service and leads may range
in age from one (1) business day to twelve (12) business weeks
old or more. A "business week" is comprised of five
(5) consecutive business days. Since these leads may be non-exclusive,
there is a chance the customer may already be working with another
loan officer, so this is not a valid reason for you to dispute
the lead. However, we find that brokers still have a great return
on their investment on our older leads.
1) Each 24 hour period beginning at 12:01 A.M. Eastern Standard
Time on Monday through 12:00 midnight Friday shall be considered
as one business day.
2) Saturday and Sunday are not considered as business days.
3) The following holidays are not considered business days: New
Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
and Christmas.
A "Fresh Lead" is defined as a lead received by Callprospect.com
that has completed and passed our lead validation process and
is made available for distribution on the same or next business
day following the validation process. Any lead downloaded into
the Callprospect.com database during a non-business day shall
be considered received by Callprospect.com on the next business
day. For example. A lead received by Callprospect.com on a Monday
and is ready for distribution on that same Monday will be considered
AFresh, or "1 day old" when distributed on Tuesday (the
next business day). Conversely a lead received by Callprospect.com
on a Friday and is ready for distribution on that same Friday
will be considered "Fresh", or "1day old"
when distributed on Monday (the next business day). And finally
a lead received by Callprospect.com on Saturday or Sunday and
ready for distribution on Monday will be considered "1 day
old" when it is distributed on Monday (the next business
day).
Web site leads are returnable for a credit within five calendar
days from the day you purchased the lead under the same criteria
as above. We guarantee each web site lead to have a valid name,
one valid contact phone number, a valid postal address, and that
the lead is from a customer who affirmatively submitted a request
for more information on a mortgage loan. We will credit your account
the amount you paid for any web site lead that contains false
or incomplete contact information as promised above.
Data provided within a lead is inputted by the consumer and not
Callprospect.com. We do not guarantee the age of data contained
in a lead or that their e-mail address is correct, or that their
stated home value, requested loan amount, credit quality, or interest
rate is exactly correct as these are estimates entered by the
customer when completing the application. We do not guarantee
that the customer has not changed their mind or that they have
not already refinanced with another broker. These leads are discounted
to accommodate for such circumstances. As they are older leads
and previously distributed leads these situations are likely to
occur. How you approach and handle each lead is up yo you and
not under the control of Callprospect.com. As such, WE DO NOT
GUARANTEE YOUR RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR
LEADS. Callprospect.com reserves the right to monitor your returns
and change or adjust this policy without notice to you, so you
are encouraged to review these terms of service periodically.GDU.com
reserves the right to verify your dispute rational and in our
sole discretion to determine if your dispute is valid. In the
event your dispute is determined to be without merit, the charge
for the valid lead will stand and no credit will be issued. You
will be notified via your account report of our actions to accept
or deny your dispute within ten (10) working days of receipt of
your dispute.
Callprospect.com and the web
site is a conduit.
Callprospect.com and the web site are not involved in any actual
transactions between customers and purchasers. As a result, Callprospect.com
and the web site have no control over the ability of consumers
to purchase items. Callprospect.com and the web site cannot and
do not control whether or not consumers will complete the purchase
of items for which they have requested proposals or quotes. Because
user authentification on the internet is difficult, Callprospect.com
cannot and does not guarantee that each consumer or purchaser
is who he or she claims to be. Consumers and purchasers will be
able to communicate directly with each other before any transaction
is complete. In the event the consumer has a dispute with one
or more purchasers, the purchaser release Callprospect.com and
its agents and employees from claims, demands, and damages arising
out of or in any way connected with that dispute.
REFUND/CREDIT POLICY
ALL REFUNDS ARE SUBJECT TO THE RETURN POLICY STATED ABOVE. ALL
REFUND OR CREDIT REQUESTS (NOT AUTOMATICALLY PROCESSED BY OUR
AUTOMATED SYSTEM AS STATED ABOVE) MUST BE VERIFIED VIA TELEPHONE
WITH THE MEMBER AND AN AUTHORIZED CALLPROSPECT.COM REPRESENTATIVE.
NO REFUNDS OR CREDITS WILL BE PROCESSED OR ISSUED BASED UPON AN
E-MAIL REQUEST ALONE. NO EXCEPTIONS.
Refunds and credits are offered ONLY in five (5) circumstances:
(1) A credit to your account will be given if your account was
charged for a delivery of a lead(s) and through no fault of yours,
we cannot deliver those leads that you have ordered as promised
herein.
(2) A credit to your account will be given if you were over billed
due to a technical error.
(3) if you prepaid your account and it has a credit balance in
excess of $50 and no activity has occurred on your account in
the past twelve(12) months you will receive a refund (or credit
to your credit card used to open the account) equal to the remaining
balance less an administrative service fee of $50.
(4) If you pre-paid your account in good standing, have a credit
balance greater than $15 and you elect to voluntarily terminate
your account and discontinue services with us, you will receive
a refund ( or credit to your credit card used to open the account)
equal to the remaining balance less a termination fee of $15.
Please allow up to ten (10) business days to process refunds once
we have received your written request.
( 5) First Deposit Refund Policy: If you are our true new customer
and you prepaid your account for the first time, you can choose
up to three (3) leads in our trade system. In the case you are
dissatisfied you have the right to request a refund equal to your
first deposit with no administrative fees and we will issue a
refund within fourteen (14) business days following the date of
your refund request. IMPORTANT: You will be considered as a true
new customer if you or the individuals or companies affiliated
with you, or individuals or companies you work or previously worked
for never had accounts with Callprospect.com. Callprospect.com
reserves the right to investigate if you are a true new customer.
If we find that you are not a true new customer with Callprospect.com
web site for any reason, you are subject to and will be charged
an administrative service fee equal to three (3) times the face
value of the leads purchased by you, up to a maximum of one hundred(100)
dollars, which you agree to pay in addition to the amount of the
lead purchase fee due for leads you have received.
CONTACTING BORROWERS
If you take delivery of leads you agree to the following:
(1) To contact the borrower in a timely fashion
(2) To offer the borrower your most competitive rates
(3) To offer the prospective borrower your highest level of professional
service
(4) To respect a prospective borrowers privacy and if received,
their demand to be removed from any future contact list by you
and to report their demand to Callprospect.com via e-mail @ sales@callprospect.com
within ten (10) business days of your receipt of this request.
CONFIDENTIAL INFORMATION
The data form provided to you by Callprospect.com is proprietary
to Callprospect.com and thus provided to you in confidence and
for your individual business use only under this contract. YOU
MUST KEEP ALL LEAD DATA CONFIDENTIAL. You may use the lead data
provided only for the business purpose contemplated under this
agreement. You may tell the prospective borrower that you got
their quote request for callprospect.com, however, without the
prior written permission of callprospect.com you may not forward,
copy, or otherwise distribute in any form or media, the actual
lead date to the prospective borrower or any other third party
for any reason nor may you resell the data.
USERS RESPONSIBILITIES
You agree that you will not use callprospect.com or Callprospect.com
data for any unauthorized use including but not limited to chain
letters, junk mail, "spamming", telephone solicitations
in violation of any state or federal Do-Not-Call registry, or
as a basis for any use or distribution lists to any person who
has not given specific permission to be included in such a process.
You further agree not to use Callprospect.com or Callprospect.com
data to send any messages or materials that are unlawful, considered
an act(s) against public policy, discrimination of any kind, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or international
law or regulation. Callprospect.com reserves the right to terminate
a users account immediately without notice, if it becomes aware
and determines, in its sole discretion, that user is violating
any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You will be provided a confidential account ID number by Callprospect.com
and be allowed to choose your own confidential password. YOU ARE
THE ONLY ONE AUTHORIZED BY CALLPROSPECT.com TO USE YOUR ACCOUNT
ID AND PASSWORD. You are solely responsible for all uses of your
account, whether or not authorized by you. You agree to immediately
notify Callprospect.com of any unauthorized use of your account.
Unless otherwise agreed to in writing, you will not be entitled
to a return credit or refund for lead(s) purchased through your
account prior to you notifying us of an unauthorized use.
LINKS
Some links on the Callprospect.com web site may let you leave
the Callprospect.com web site. You understand that the linked
sites are not under the control of Callprospect.com and Callprospect.com
is not responsible for the contents operation of any linked site
or any link contained in a linked site, or any changes or any
updates of such sites. Callprospect.com is not responsible for
web casting or any other form of transmission received from any
linked site.
Callprospect.com is providing
these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Callprospect.com of the
linked site or any association with their operators.
RELATIONSHIP OF THE PARTIES
nothing contained in this agreement shall be construed as creating
any agency, legal representative, partnership, or other form of
joint enterprise between the parties. Neither party shall have
authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION
OF LIABILITY
The Callprospect.com service provide 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 merchantability, fitness for a particular purpose
or non-infringement. Callprospect.com expressly disclaims any
representation or warranty that the Callprospect.com service will
be error free, timely, secure or uninterrupted. No oral advice
or written information given by Callprospect.com, its employees,
licensors or agents will create a warranty, nor may you rely on
any such information or advice.
Under no circumstances, including negligence, will Callprospect.com.
its affiliates, or their officers, directors, employees, successors
and assigns be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of or inability
to use the Callprospect.com service, including but not limited
to reliance on any information obtained on the Callprospect.com
service; or that result from mistakes, omissions, interruptions,
deletion of files or e-mail, loss of or damage to data, errors,
defects, viruses, delays in operation, or transmission, or any
failure of performance, whether or not limited to acts of God,
communication failure, theft, destruction, or unauthorized access
to Callprospect.com records, programs or services. The subscriber
hereby acknowledges that this provision will apply whether or
not Callprospect.com is given notice of the possibility of such
damages and that this provision will apply to all content, merchandise
or services available from Callprospect.com and its affiliates.
LIMITATION OF LIABILITY
In the event that either party breaches its obligations under
this agreement, the non-breaching party shall have the right to
exercise all rights and remedies available to it by law or in
equity; provided, however, subject to the damage amount limitation
set forth below the liability of the breaching party shall be
limited to direct, actual damages only, and all other damages
and remedies are expressly waived. In no event shall either party
including Callprospect.com, its affiliates, or their officers,
directors, employees, successors and assigns, be liable to the
other party for consequential, incidental, punitive, exemplary
indirect damages in tort, contract or otherwise including, without
limitation, lost profits, even if advised of the possibility or
likelihood of such damages or claim. Liability of Callprospect.com,
its affiliates, or their officers, directors, employees, successors
and assigns, and the liability of our suppliers, to you or any
third parties in any circumstance is limited to the lesser of
(a) The amount of fees you pay to us in the two(2) months prior
to the action giving rise to liability, or (b) One hundred (100)
dollars. No action arising out of this agreement may be brought
by either party more than one year after such cause of action
occurs.
The terms of this section shall survive the termination of this
agreement for whatever reason.
FORCE MAJEURE
Neither party shall be liable in any way for its failure to perform
hereunder, other than its failure to pay any monies due and owing
hereunder, if such failure is occasioned by any of the following:
war; fire; flood; interruption of transportation; embargo; accident;
explosion; governmental orders, regulations, restrictions, priorities
or rationing; strike; lockout or other labor problems; or any
cause beyond the reasonable control of the non-performing party
provided, however, that the non-performing party shall make a
good faith effort to perform.
COPYRIGHT AND TRADEMARKS
All contents of the Callprospect.com web site are proprietary.
Its successors and assigns and/or its suppliers are protected
under U>S>A> and international Copyright and Trademark
laws. All rights are reserved. You may not download and/or save
a copy of any of the screens except as otherwise provided in this
agreement; you may however, print a copy of the information on
this web site for your personal records to be used as a reference.
TERM OF AGREEMENT AND TERMINATION
This agreement shall remain in force and effect as long as you
hold an account with Callprospect.com. This agreement is automatically
renewed each time you access the callprospect.com web site and/or
log-in to your account and/or use our services. You may close
your account at any time and terminate this agreement by providing
not less than ten days prior written notice sent by traditional
postal service mail, courier or facsimile to Callprospect.com
of your desire to cancel your account. Absent such a voluntary
cancellation, this agreement may be terminated immediately by
either party:
1) In the event the other party suffers any insolvency proceeding,
either voluntary or involuntary, or is adjudicated bankrupt or
makes any assignment for the benefit of creditors. Such termination
shall not relieve the party in proceedings from liability for
the performance of its obligations arising prior to such termination
and shall be in addition to all other rights and remedies the
terminating party may have available to it under this agreement,
at law or in equity; or
2) At any time upon written notice (including electronic mail)
with or without cause by Callprospect.com in the event of a material
breach by you of any of the terms of service set forth herein.
3) Upon written notice to the other party if such party reasonably
believes that(1) performance of this agreement violates or is
being conducted in a manner that does not comply with any applicable
law, regulation, licensing requirement, ordinance or order, and
(2) that such violation or non-compliance cannot be remedied or
that the cost of remediation or compliance is prohibitive.
GOVERNING LAW
Delaware law shall govern this agreement, and any dispute arising
from the relationship between the parties to this agreement, excluding
any laws that direct the application of other jurisdictions laws
and without regard to conflicts of law principles. In any litigation,
arbitration, or other proceeding by which one party either seeks
a declaration of any rights or obligations under this agreement,
the prevailing party shall be awarded its reasonable attorney
fees, and cost and expenses incurred, subject to the limitation
of a liabilities clause. The parties consent to the exclusive
jurisdiction and venue of the courts of the state of Delaware.
This agreement constitutes the final, complete, and exclusive
statement of the terms of this agreement between the parties pertaining
to the subject matter of this agreement and supersedes all prior
and contemporaneous understandings or agreements of the parties.
No party has been induced to enter into this agreement by, nor
is any party relying on any representation or warranty independent
of those expressly set forth in this agreement. No direct benefit
is intended to be conferred by this agreement on any person not
a party to this agreement and any benefit which may be actually
conferred is purely incidental.
MODIFICATION OF TERMS
Callprospect.com reserves the right to modify this Terms of Service
Agreement and its policies at any time and without advance notice
to you, effective upon making the modified available on the callprospect.com
web site. You are responsible for regularly reviewing these documents.
Continued use of the Callprospect.com web site after any such
changes shall constitute your consent to such changes. Callprospect.com
does not and will not assume any obligation to notify you of any
changes to this Terms of Service Agreement.
INDEPENDENT COUNSEL
Your establishing of an account and/or your use of the callprospect.com
web site is evidence that you have read and understand this Terms
of Service Agreement as set forth above and that you have had
the opportunity to consult with independent counsel of your choice
prior to establishing your account and utilizing the services
contemplated by this agreement.
MISCELANEOUS
Call prospect.com does not approve of, or endorse, any product
or service by including the purchaser in its purchaser database.
Callprospect.com may include entries for any other person or purchaser
at any time. The purchaser relationship is intended, created and
governed by this agreement according to the laws of the state
of Delaware. This agreement between Callprospect.com and the purchaser
is the only agreement and supersedes any other verbal or written
agreements regarding the subject matter of this agreement.
Purchaser agrees that leads
purchased on the web site are for its (purchasers) internal use
only. Purchaser agrees not to re-sell, re-distribute or make available
any information obtained through the web site without prior written
consent of Callprospect.com. Purchaser acknowledges that any unauthorized
distribution of the leads purchased on the web site may cause
the termination of purchaser’s account, forfeit of any credits
and opportunity to purchase leads in the future.
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