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Terms of Service

Agreement

By executing a purchase of lead(s) from the USPROSPECT.com store (hereinafter, ‘Web Site’) owned and operated by Global Data Mining LLC(hereinafter "Global Data Mining"), 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

There are currently two service levels available to you, Automatically Routed Leads and Manually selected leads through our USPROSPECT.com Web site Trade System. You can combine the levels of service if you choose at any time. Lead costs vary depending on the type of service you request and the type of lead requested. Regardless of the level of service and type of lead requested, if you decide to buy leads, the price for the leads will be based on the USPROSPECT.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 based upon the current market price for the leads as stated in the USPROSPECT.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 fifty ($50) 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 fifty ($50) 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 chargeback.
(2) Check or Draft: There is a fifty ($50) 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 (3) times the face value of the check up to a maximum of fifty ($50) 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 reference is made on our web site as to the age of a lead, that age is stated in terms of business days, not calendar days.
USPROSPECT.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 business days: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
A "48-hours old Lead" is defined as a lead received by USPROSPECT.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 USPROSPECT.com database during a non-business day shall be considered received by USPROSPECT.com on the next business day. For example, a lead received by USPROSPECT.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 USPROSPECT.com on a Friday and ready for distribution on that same Friday will be considered "Fresh" or"48-hours old" when distributed on Monday and Tuesday (the next two business days). And finally, a lead received by USPROSPECT.com on Saturday or Sunday and ready for distribution on Monday and Tuesday will be considered "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 zip code, and that the Lead is from a customer who affirmatively submitted a request for more information on an insurance product. We will credit to your account the amount you paid for any automatically routed lead that contains false or incomplete contact information promised above.
Data provided within a lead is inputted by the consumer and not USPROSPECT.com. We do not guarantee the age of the data contained in a lead or that their email 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 USPROSPECT.com. As such, WE DO NOT GUARANTEE YOU'RE RESULTS OR THAT YOU WILL CLOSE ANY DEALS WITH OUR LEADS. Since our leads could be non-exclusive, the customer may have started a loan process with another Loan Officer, so this is not a valid reason for a dispute. We recommend contacting the customer as soon as you get the lead so you can be the first to earn their business. USPROSPECT.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. USPROSPECT.com, reserves the right to verify your 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 actions to 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 in to your account. Lead costs are discounted for this level of 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 Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
A "Fresh Lead" is defined as a lead received by USPROSPECT.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 in to the USPROSPECT.com database during a non-business day shall be considered received by USPROSPECT.com on the next business day. For example, a lead received by USPROSPECT.com on a Monday and ready for distribution on that same Monday will be considered "Fresh" or "1-day old" when distributed on Tuesday (the next business day). Conversely, a lead received by USPROSPECT.com on a Friday and ready for distribution on that same Friday will be considered "Fresh" or "1-day old" when distributed on Monday (the next business day). And finally, a lead received by USPROSPECT.com on Saturday or Sunday and ready for distribution on Monday will be considered "1-day old" when distributed on Monday (the next business day).
Web site Leads are returnable for a credit within 5 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 zip code, and that the Lead is from a customer who affirmatively submitted a request for more information on an insurance product. We will credit your account the amount you paid for any Web site lead that contains false or incomplete contact information promised above.
Data provided within a lead is inputted by the consumer and not USPROSPECT.com. We do not guarantee the age of the data contained in a lead or that their email 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. We do not guarantee that the customer has not changed their mind or that they have not already working with another broker. These leads are discounted to accommodate for such circumstances. As they are older leads, previously distributed leads, these situations are likely to occur. How you approach and handle each Lead is up to you and not under the control of USPROSPECT.com. As such, WE DO NOT GUARANTEE YOU'RE RESULTS OR THAT YOU WILL CLOSE ANY DEALS WITH OUR LEADS. USPROSPECT.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. USPROSPECT.com, reserves the right to verify your 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 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.

Global Data Mining and the Web Site is a Conduit
Global Data Mining and the Web Site are not involved in any actual transactions between consumers and Purchasers. As a result, Global Data Mining and the Web Site have no control over the ability of consumers to purchase items. Global Data Mining 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 authentication on the Internet is difficult, Global Data Mining 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 releases Global Data Mining 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 USPROSPECT.com REPRESENTATIVE. NO REFUNDS OR CREDITS WILL BE PROCESSED OR ISSUED BASED UPON AN E-MAIL REQUEST ALONE. NO EXCEPTIONS.
Refunds and or Credits are offered ONLY in five (5) circumstances:
(1) A credit to your a 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 prepaid your account is in good standing, has a credit balance greater than $15 AND you elect to voluntarily terminate you 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 3 (three) Leads in our Trade System. In case you're dissatisfied, you have a right to request a refund equal to your First Deposit with no administrative fees and we will issue refund in 14 business days following the date of your refund request. IMPORTANT: You will be considered as True New Customer only if you or the individuals or companies affiliated with you, or the individuals or companies you work or previously worked for never had account with USPROSPECT.com. GlobalDataUSA reserves a right to investigate if you are True New Customer. If we will find that you are not True New Customer with USPROSPECT.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 fifty ($50) dollars, which you agree to pay in addition to the amount of the Lead purchase fee due for Leads you have received

CONTACTING CUSTOMERS

If you take delivery of leads you agree to the following:
(1) to contact the customer in a timely fashion;
(2) to offer the prospective customer your most competitive rates;
(3) to offer the prospective customer you highest level of professional service;
(4) to respect a prospective customers privacy and if received, their demand to be removed from any future contact list by you and to report their demand to USPROSPECT.com via e-mail at sales@USPROSPECT.com within ten (10) business days of your receipt of the request.

CONFINDENTIAL INFORMATION

The data form provided to you by USPROSPECT.com is proprietary to USPROSPECT.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 customer that you got their quote request from USPROSPECT.com, however, without the prior written permission of USPROSPECT.com you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective customer or any other third party for any reason nor may you resell the data.

USER'S RESPONSIBILITIES

You agree that you will not use USPROSPECT.com or USPROSPECT.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 USPROSPECT.com or USPROSPECT.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 objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. USPROSPECT.com reserves the right to terminate User's account immediately and 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 USPROSPECT.com and be allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED BY USPROSPECT.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 USPROSPECT.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 USPROSPECT.com web site may let you leave the USPROSPECT.com web site. You understand the linked sites are not under the control of USPROSPECT.com and USPROSPECT.com is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. USPROSPECT.com is not responsible for web casting or any other form of transmission received from any linked site. USPROSPECT.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by USPROSPECT.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 USPROSPECT.com SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USPROSPECT.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USPROSPECT.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY USPROSPECT.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 USPROSPECT.com, GLOBAL DATA MINING, LLC., 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 USPROSPECT.com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE USPROSPECT.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 USPROSPECT.com RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT USPROSPECT.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM USPROSPECT.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 AT 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 GLOBAL DATA MINING, LLC., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR 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 USPROSPECT.com, GLOBAL DATA MINING, LLC., 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 DOLLARS ($100).
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 USPROSPECT.com Web Site are proprietary to Global Data Mining, LLC. its successors and assigns, and/or its suppliers and 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 USPROSPECT.com. This Agreement is automatically renewed each time you access the USPROSPECT.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 (10) days prior written notice sent by traditional postal service mail, courier or facsimile to USPROSPECT.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 USPROSPECT.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 another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or 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 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

USPROSPECT.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 provisions available on the USPROSPECT.com Web Site. You are responsible for regularly reviewing these documents. Continued use of the USPROSPECT.com Web Site after any such changes shall constitute your consent to such changes. USPROSPECT.com does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.

INDEPENDENT COUNSEL

You're establishing of an account and/or your use of the USPROSPECT.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.

MISCELANIOUS

Global Data Mining does not approve of, or endorse, any product or service by including the Purchaser in its Purchaser database. Global Data Mining 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 Global Data Mining 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 (Purchaser’s) 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 Global Data Mining. Purchaser acknowledges that any unauthorized distribution of the leads purchased on the Web site may cause the termination of Purchasers account, forfeiture of any credits and opportunity to purchase leads in the future.

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