Advanced Lead Generation
Terms of Service
Welcome to the Advanced Lead
Generation website (the "Site" or "Website"). By using the
Site, you are agreeing to comply with and be bound by this Terms of
following terms carefully. If you do not agree to these Terms of
Use, you should not use this Site or the lead buying and selling
services offered through the Site (the "Services"). The term
"Advanced Lead Generation" or "us" or "we" or "our" refers to
Advanced Lead Generation, the owner of the website located at
http://advancedleadgeneration.com The term "you" refers to the
user or viewer of the Site. Please read this Agreement carefully before
using the Site.
your use of
http://advancedleadgeneration.com and do not change or alter any
other agreement between you and Advanced Lead Generation.
Advanced Lead Generation reserves the right, in its sole discretion,
notice to you. You should visit this page periodically to
posted for your convenience. Your continued use of http://advancedleadgeneration.com following the posting of any changes to the
1. Limited License; Permitted Uses, and
You are granted a limited, non-exclusive,
non-transferable, revocable license to access and use the Site strictly in
accordance with this Agreement.
Purchasers of leads (each a "Lead
Buyer") shall not be construed as a Advanced Lead Generation
partner, representative, employee or agent, and users of
http://advancedleadgeneration.com shall not hold themselves out
http://advancedleadgeneration.com users shall not use Advanced
Lead Generation's name in any advertising or solicitation without
Advanced Lead Generation's prior written consent.
http://advancedleadgeneration.com users ("Users") are
responsible for and shall pay all costs and expenses directly or
indirectly incurred by those Users in performing under this
Agreement. Users have no authority to negotiate or execute any
documents for or on behalf of Advanced Lead Generation or to enter
into any agreement, contract, commitment or other obligation for or
on behalf of Advanced Lead Generation.
You agree that you will refrain
http://advancedleadgeneration.com in any way not expressly
permitted by this Agreement. You further agree that you will
not copy or distribute any proprietary information obtained from a
Advanced Lead Generation Website, including without limitation
information about any leads. Your right to access your account with
Advanced Lead Generation (your "Account"), and any information
associated therewith (e.g., Account authentication information) is
personal to you, non-transferable and non-assignable, and is subject
to any limits established by Advanced Lead Generation. You agree
that you will not use any automated means, including without
limitation agents, robots, scripts, screen-scrapers, or spiders, to
access or manage your Account, or to monitor or copy any Advanced
Lead Generation Website, or the content contained therein except
those automated means expressly made available by Advanced Lead
Generation, if any, or authorized in advance and in writing by
Advanced Lead Generation. You agree that you will not interfere or
attempt to interfere with the proper working of any Advanced Lead
Generation Website. Without limitation to the foregoing, you further
agree that you will not take any action that imposes an unreasonable
or disproportionately large load on any Advanced Lead Generation
Website as determined by Advanced Lead Generation.
3. Account Configuration
It is your sole responsibility to
set and verify your Account/program settings. Advanced Lead
Generation assumes no
responsibility for Account/program settings, and shall not be liable for
any loss incurred as a result of Account/program settings. It is your sole
responsibility to set your Account to 'inactive' immediately if your
authentication information is compromised, or if believe your Account has
been or will be used for fraudulent activity.
All information, materials and
http://advancedleadgeneration.com, except noted third party
materials, are the property of Advanced Lead Generation and are
protected under United States and international copyright laws and
treaty provisions. Advanced Lead Generation neither
warrants nor represents that your use of materials displayed on the
Site will not infringe rights of third parties. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please contact our Copyright Agent at
copyright at Advanced Lead Generation dot com or call 603-786-2243
"Advanced Lead Generation" and words, phrases, and symbols are the
trademarks or service marks of Advanced Lead Generation. Marks
and trademarks not owned by Advanced Lead Generation and mentioned
http://advancedleadgeneration.com are the property of their
respective owners. Advanced Lead Generation will aggressively enforce its
intellectual property rights to the fullest extent possible. We respect
the intellectual property of others, and we ask you to do the same.
6. Errors, Corrections and Changes.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE
ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS
WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION
AVAILABLE ON OR THROUGH THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR
OTHERWISE RELIABLE. WE MAY MAKE CHANGES TO THE FEATURES, FUNCTIONALITY OR
CONTENT OF THE SITE AT ANY TIME. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site.
7. Third Party Content.
Third party content may appear on
the Site or may be accessible via links from the Site. We are
not responsible for and assume no liability for any third party
content or third party websites. Advanced Lead
Generation has not reviewed all of the sites using the technology
developed by Advanced Lead Generation to generate leads and is
not responsible for the content of any off-site pages or any websites
linked to the Site.
8. Use of Information.
We reserve the right, and you authorize us, to collect,
use, and disclose your information in any manner consistent with our
All remarks, suggestions, ideas, graphics, or other
information communicated by you to us (collectively, a "Submission") will
forever be our property. We will not be required to treat any Submission
as confidential, and will not be required to pay you for any Submission
(including without limitation, product, service or advertising ideas) no
matter how that Submission is used. Without limitation, we will have
exclusive ownership of all present and future existing rights to the
Submission. We will be entitled to use the Submission for any commercial
or other purpose whatsoever, without compensation to you or any other
person. You acknowledge that you are responsible for all the material you
submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
You acknowledge and agree to the terms of our Privacy
Policy as it may change from time to time. You can review the current
10. Information and Press Releases.
The Site contains information and press releases about
us. We disclaim any duty or obligation to update this information or any
press releases. Information about companies other than ours contained in
the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
11. Legal Compliance.
You agree to comply with all
applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of the Site.
12. Registration to Use
Use of http://advancedleadgeneration.com Online Marketplace
Certain sections of, or offerings
from, the Site may require you to register and create an Account.
If registration is requested, you agree to provide us with accurate,
complete registration information, including your real name, and to
update such information as it changes. Each registration is
for your personal use only and not on behalf of any other person or
entity. We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are
responsible for preventing such unauthorized use. No paid
access is required for participation in The Advanced Lead Generation
Online Marketplace. Only Lead Buyers who have successfully completed
the registration process may access or use the Advanced Lead
Generation Marketplace and/or other sections of the Site
Advanced Lead Generation prohibits
the use of this Site by Users that operate websites containing
pornographic, racist or illegal content. The definition of
pornographic, racist or illegal content is entirely at the
discretion of Advanced Lead Generation. Advanced Lead
Generation does not support the advertising or placement of
advertising on any sites connected with pornography, racist or
illegal content. Advanced Lead Generation however, will not be held responsible for any
advertisements which are placed on websites containing pornographic,
racist or illegal content.
You represent and warrant that (i)
any credit information you supply to Advanced Lead Generation is true and complete,
(ii) charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
Advanced Lead Generation may also
recover any outstanding fees owed by a User, and any payments
received by such User in exchange for selling fraudulent leads, by
using one or a combination of methods that include deductions to the
User's current balance, credit card charges, bank account debits, or
other methods. Users acknowledge that the forfeiture of
deposits shall in no way prevent Advanced Lead Generation from pursuing
other avenues of recourse such as criminal or civil proceedings in
connection with such conduct.
If you submit your credit card
details, you authorize Advanced Lead Generation to debit your credit card for the services
purchased and any future deposits you make to your Account. To minimize
credit card misuse, repeated use of invalid credit cards to make account
deposits will incur penalty as set forth here. This amount will be
deducted from your Account balance.
14. Lead Buyer Websites.
You acknowledge and agree that
Advanced Lead Generation is not responsible for the content or maintenance of your website(s),
or websites owned or operated by any third party (including without
limitation other Lead Buyers, nor is Advanced Lead Generation responsible for transactions, inquiries, solicitations or
customer service concerning transactions or inquiries or solicitations
placed on or through your website(s) or websites owned or operated by any
third party (including without limitation other Lead Buyers. You represent, warrant and covenant that all information you
provide in connection with this Agreement and on your website is, and will
be updated to remain, current and accurate.
15. Fraudulent Leads.
If Advanced Lead Generation determines, in its sole
discretion, that a User is manipulating lead data, then (i) this
Agreement shall immediately terminate and Advanced Lead
Generation may pursue all other remedies at law
or in equity with respect to such conduct.
Confidentiality of Lead Data
covenant and agree that during the term of this Agreement, you shall not
sell, offer to sell, exchange or otherwise transfer to any third party any
lead data generated by us under this Agreement.
18. Refund and Return Policy.
You as the agreeing party, member,
will have an initial trial period during which time there will be no
charge incurred. If, after the trial period has expired and you do
NOT cancel your subscription, you will be billed according the to
agreement between you and Advanced Lead Generation at the time of
Since our services are "consumable", no refunds will be offered
during the course of normal business.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents,
attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorneys' fees, arising out of
your use of the Site and/or the Services.
Any controversy or legal claim arising out of or
relating to this Agreement or our services, excluding legal action taken
by us to collect or recover damages for, or obtain any injunction relating
to, Site operations, intellectual property, or the Services, shall be
settled solely by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in New Hampshire and judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. Either party may seek any interim or preliminary relief from a
court of competent jurisdiction in New Hampshire necessary to protect the
rights or property of you and us pending the completion of arbitration.
Each party shall bear one-half of the arbitration fees and costs incurred
through JAMS, and each party shall bear its own legal fees and associated
21. Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT YOUR USE
OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. THE
SERVICES ARE AVAILABLE ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER
Advanced Lead Generation NOR ANY OF THE Advanced Lead Generation
ENTITIES MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING
THE SERVICES, THIRD PARTY PRODUCTS OR INFORMATION, OR Advanced Lead
WEBSITES, THE SUCCESS OF YOUR USE THEREOF AS MEASURED IN ANY WAY, ANY
INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN
CONNECTION WITH THE SITE.
22. Limitation of Liability.
Advanced Lead Generation DISCLAIMS
LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE
FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF
THE WEBSITE OR THE SERVICES, EVEN IF Advanced Lead Generation IS
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT
LIMITING THE FOREGOING, Advanced Lead Generation SHALL NOT BE LIABLE
FOR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU TO Advanced Lead
Generation PURSUANT TO
THIS AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PROCEEDING THE
EVENT THAT GAVE RISE TO THE DAMAGES.
WITHOUT LIMITING THE
FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT Advanced Lead Generation WILL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM OR IN CONNECTION WITH ANY TRANSACTIONS BETWEEN LEAD BUYERS
AND LEAD SELLERS, OR FOR ANY INFORMATION APPEARING ON LEAD BUYERS' WEBSITES.
The terms and conditions of this
Agreement represent the complete, final and exclusive agreement
between Advanced Lead Generation and you, and supersede all prior
agreements, representations and understandings.
Notwithstanding the foregoing, if you entered into a separate
agreement with Advanced Lead Generation governing your use of the
Website and/or Services, then that agreement (the "Negotiated
Agreement") will survive, and only those provisions of this
Agreement that do not conflict with the Negotiated Agreement will
apply. This Agreement may be terminated by Advanced Lead
Generation at any time for any reason or no reason. Advanced
Lead Generation reserves the right to change the Website or the
Services at any time with or without notice. If any provision of
this Agreement conflicts with any other rule, regulation, or
agreement, the terms and conditions of this Agreement shall govern.
This Agreement shall be treated as though it were executed and
performed in New Hampshire, and shall be governed by and
construed in accordance with the laws of the State of New Hampshire
(without regard to conflict of law principles). You agree that
any legal action or proceeding between Company and you permitted by
the arbitration provision in Section 20 shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in New
Any cause of action or claim you may have with respect to this
http://advancedleadgeneration.com must be commenced within
six (6) months after the claim or cause of action arises or such claim or
cause of action shall be barred.
The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any
party. This Agreement and all incorporated agreements and your information
may be automatically assigned by us in our sole discretion to a third
party in the event of an acquisition, sale, merger, or assignment of
assets. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect.
the extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this