PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW – This Universal Terms of Service Agreement (this Agreement) is entered into by and between HomeValueLeads.com (“HVL”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the Services), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
The terms we, us or our shall refer to HomeValueLeads.com (“HVL”). The terms you, your, User or customer shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
HVL may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, HVL may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (Account) information current. HVL assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. ELIGIBILITY; AUTHORITY – This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found at this Site under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, HVL finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. HVL shall not be liable for any loss or damage resulting from HVLs reliance on any instruction, notice, document or communication reasonably believed by HVL to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, HVL reserves the right (but undertakes no duty) to require additional authentication from you.
3. AVAILABILITY OF WEBSITE/SERVICES – Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services available at this Site on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service available at this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
4. GENERAL RULES OF CONDUCT – You acknowledge and agree that:
Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations;
May not interfere with the operation of this Site or the Services found at or provided by this Site;
You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by HVL.You are purchasing the right to use a Home Value Leads website. You are not purchasing the website files, code, or any portion of the backend.
Your right to use the Home Value Leads site is limited to a radius of 50 miles around EITHER the default city if dynamic cities is activated or the billing city for the credit card used when you sign up. If you wish to cover a larger radius, you may purchase additional licenses for each 50 mile radius you wish to cover.
Unless otherwise allowed by law or stated elsewhere, NO part of the normally displayed text or graphics, including keywords and HTML commands not normally displayed, on this site or the landing page provided as a services found at this site may be reproduced or transmitted in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, rekeying, scanning, copying of source code, or yet uninvented means, or by using any information storage and retrieval system, EXCEPT WITH THE PRIOR WRITTEN PERMISSION OF THE AUTHOR AND APPROPRIATE REFERENCES TO THIS SITE AS DEFINED BY THE AUTHOR. All text and code is intellectual property and is copyrighted. Each web page or portion thereof contained in this site or the landing page HVL sells as a service has a retail value of $6,000.00 US and is only available when ordered from the author. No portion of this site may be used or redistributed for commercial purposes. Utilization of resources from this site and associated servers (such as “cgi” programs, SMTP resources (eMail), and others) shall carry a fee of $3,000.00 per use and all such uses require the prior written permission of the author. Theft will result in consequences.
HomeValueLeads.com reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time. You are responsible for reviewing these Terms of Service from time to time, and your use of the service constitutes your acknowledgement and agreement.
HomeValueLeads.com expressly reserves the right to terminate, without notice to you, any and all Services where, in HVL’s sole discretion, you are harassing or threatening or being generally obnoxious to HVL, any of HVL’s employees, and/or any of HVL’s customers.
5. LIMITATION OF LIABILITY – IN NO EVENT SHALL HOMEVALUELEADS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HVL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HVL’s TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
6. INDEMNITY – You agree to protect, defend, indemnify and hold harmless HomeValueLeads.com and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys fees) imposed upon or incurred by HVL directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
7. FEES AND PAYMENTS – You agree to pay any and all prices and fees due for Services purchased or obtained at this Site until you cancel. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. HomeValueLeads.com expressly reserves the right to retain old credit card information and bill it if a more recent card is declined. In addition you agree that homevalueleads.com has permission to share your payment information with third party payment processing firms to process your purchase. Homevalueleads.com can change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Multi-Month Terms – From time to time, Home Value Leads may offer a promotional rate for extended term registrations. By accepting a promotional rate, you understand that any cancellation prior to the end of this extended term shall result in retroactive termination of said promotional rate. Any refunds shall be prorated based on the then current regular price for the service times the number of months (any partial month shall count as a full month) used minus the amount paid.
Introductory Trials – By accepting an introductory trial, you understand that you only qualify for one introductory trial. If you have already participated in an introductory trial, regardless if you completed the setup of your trial or not, you agree to forego any additional trial period and understand that you will be billed for the service immediately upon signup.
We have the right to cancel your trial with or without notice if we feel like you are taking advantage of the trial in any way.
Your billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of the month.
Domain Names – Domain names are an important aspect of the Home Value Leads service. We strongly recommend that you register a domain name quickly and provide it to us in order to set up your account. If a domain name isn’t provided in a timely manner, HVL can, at it’s sole discretion, provide a domain name for you to use. You hereby agree that the domain name may not be your primary coverage area. If a domain is purchased by HVL for this purpose or under the “Done For You Setup” service, you understand that the domain belongs to Home Value Leads you have no rights of ownership or control over any domain purchased by HVL.
YOU MUST CANCEL AT LEAST 3 DAYS BEFORE YOUR BILLING DATE. You acknowledge that failure to provide 3 days notice of cancellation might result in being charged for the following month of service. This includes any account for which the required setup information (such as domain name) has not been provided by you. Any account canceled will be cancelled immediately and no partial refunds will be given. Once the site has been deactivated, there is no way to retrieve information that was in the account. You understand and agree that you are responsible for exporting any and all leads from your system and acknowledge HomeValueLeads.com is not liable for any information that is lost due to account cancelation.
If for any reason HomeValueLeads.com is unable to charge your Payment Method provided for the full amount owed for the Services, your account may be deactivated immediately until such payment has been received. If no payment has been received within 5 days after payment due date, HVL will charge a $15 late fee. If no payment has been received within 10 days after payment due date, HVL will cancel your subscription and delete your site and all information contained therein. If you wish to continue receiving service from HomeValueLeads.com, a $49.99 reactivation fee will be charged, however your existing database may not be able to be retrieved. If HomeValueLeads.com receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that HVL may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. HVL also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks HVL may perform outside the normal scope of its Services, (ii) additional time and/or costs HVL may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by HVL in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by HVL staff or by outside firms retained by HVL; (iii) recouping any and all costs and fees, including the cost of Services, incurred by HVL as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees may be billed to any current or past Payment Method(s) you have on file with HVL.
8. SUCCESSORS AND ASSIGNS – This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
9. NO THIRD-PARTY BENEFICIARIES – Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
10. COMPLIANCE WITH LOCAL LAWS – HomeValueLeads.com makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every state or jurisdiction. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
11. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY – This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of a jurisdiction selected by HomeValueLeads.com, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of the jurisdiction that HomeValueLeads.com selects. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
12. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY – The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. All terms of this agreement remain valid and binding for ten (10) years from your account termination date.