HomeBusinessLeads.org

TERMS AND CONDITIONS AGREEMENT

HomeBusinessLeads.org collects personal information, referred to as Leads, and sells that information to companies that offer home-based business opportunities to individuals.

By purchasing information from HomeBusinessLeads.org, you, the Purchaser, are entering into a binding and enforceable legal agreement with HomeBusinessLeads.org as set forth below. The Purchaser represents and warrants that you are authorized to enter into this agreement.

Please read these Terms and Conditions carefully. As used in this agreement, the terms "Purchaser" and "You" mean you and the company or entity which you represent.


LEADS

During the Term hereof, HomeBusinessLeads.org hereby agrees to grant the Purchaser the right to use leads purchased from HomeBusinessLeads.org.

The Leads, to the extent inventory so allows, are to be delivered in the quantity and frequency set forth in the purchase agreement (whether placed via telephone, website or email).

There are NO REFUNDS on lead packages after orders have been received. Refunds before order delivery will be charged a 20% cancellation fee.

In addition, the Leads provided shall contain either a valid telephone number or a valid email address, and shall not be duplicative of any Leads previously provided to Purchaser by HomeBusinessLeads.org during the Term of this Agreement. Should any Lead provided not contain either a valid telephone number or email address or, in the alternative, be duplicative of Leads previously provided to Purchaser by HomeBusinessLeads.org during the Term of this Agreement, then HomeBusinessLeads.org agrees to give the Purchaser a credit for each such Lead if, and only if, the Purchaser identifies the defective Lead in writing and notifies HomeBusinessLeads.org within 72 hours of fulfillment of the Purchaser's Order.

Purchaser hereby agrees that all Leads provided to it comply in all material respects with the terms of this Agreement unless the Purchaser provides HomeBusinessLeads.org with written notification of the Lead(s) that the Purchaser believes are defective or non-conforming within 72 hours of fulfillment of the Purchaser's order. Purchaser shall, under no circumstances, be entitled to a refund.


TERMS OF USE

During the Term hereof and subject to the other terms and conditions of this Agreement, HomeBusinessLeads.org grants to Purchaser a non-transferable, non-assignable limited license to use the Leads as follows:

· The Leads are owned by HomeBusinessLeads.org. The Leads provided to Purchaser shall be used for only one time by the Purchaser. The Purchaser does not have the right to resale the leads.

· HomeBusinessLeads.org is not responsible for the use of its Leads by Purchaser or any other end user.

· Purchaser agrees to use the Leads in a manner that strictly complies with all applicable provincial, federal, and international laws.

· Purchaser agrees not to falsify transmission (header) information in any and all electronic mail it directly and/or indirectly initiates or causes to be sent to the Leads, or to take any other steps to disguise the true origin of the electronic mail and sender.

· Purchaser agrees to only send electronic mail to Leads from a valid and working electronic mail address to which the Leads may respond.

· Purchaser agrees to include the following information in all of the electronic mail it directly and/or indirectly initiates or causes to be sent to the Leads: 1) accurate electronic mail Subject heading line; 2) the Purchaser's physical mailing address; and 3) a clear and conspicuously displayed mechanism for the Leads to unsubscribe or "opt-out" of receiving any further electronic mails (said mechanism to remain operational for not less than 30 days after transmission of the corresponding email).

· Purchaser agrees to cease sending email to any and all Leads that have requested to "opt-out" or unsubscribe within seven (7) days of the corresponding request.

· The above-mentioned Terms apply to all sales made by whole sellers to Purchasers.


ADDITIONAL TERMS

This Agreement shall begin as of the Effective Date and shall remain in full force and effect until terminated by either party in a manner consistent with the terms and conditions set forth herein.

1. License Restrictions

(a) All rights not expressly granted herein are reserved by HomeBusinessLeads.org. This Agreement does not grant to Purchaser the right to use the Leads for any other purpose not expressly set forth in the License Summary above. HomeBusinessLeads.org does not grant any implied license under any patents, trademarks, trade secrets, copyrights or other proprietary rights held by HomeBusinessLeads.org. The use by HomeBusinessLeads.org of an Online Lead Generation Form prepared by Purchaser or any third party does not grant to Purchaser or any third party any rights whatsoever in and/or to the Leads generated therefrom.

(b) Purchaser agrees not to use the Leads in any manner that is deceptive, improper, wrongful, unethical, and/or unlawful.

2. Reporting and Payment

(a) Purchaser agrees to remit payment to HomeBusinessLeads.org in the manner set forth in the License Summary and/or purchase agreement (as applicable).

3. Disclaimer

(a) HomeBusinessLeads.org does not guarantee that the Leads provided pursuant to the terms of this Agreement will generate revenue to Purchaser. HomeBusinessLeads.org does not guarantee that the Leads provided can be contacted by Purchaser or that the Leads provided are not otherwise available from another source separate from HomeBusinessLeads.org. HomeBusinessLeads.org makes no representation whatsoever regarding the suitability, creditworthiness, viability, or legitimacy of the Leads. HomeBusinessLeads.org exercises no control over, and accepts no responsibility for, the acts and/or omissions of the Leads. Except as otherwise expressly set forth in this Agreement, the Purchaser hereby agrees that the Leads are provided on an "as is, as available" basis.

(b) HomeBusinessLeads.org MAKES NO EXPRESS OR IMPLIED WARRANTY, TO THE EXTENT PERMISSIBLE BY LAW, OTHER THAN THE WARRANTIES EXPRESSED IN THE LICENSE SUMMARY, IF ANY, AND SPECIFICALLLY DISCLAIMS ANY WARRANTIES OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. Purchaser Remedies

In all cases involving a failure of the Leads to conform to the express terms set forth in the License Summary, HomeBusinessLeads.org's sole obligation, and Purchaser's sole and exclusive remedy, is for HomeBusinessLeads.org to provide a credit to Purchaser in an amount equal to the amount actually paid by Purchaser to HomeBusinessLeads.org for the corresponding Lead(s) if, and only if, Purchaser notifies HomeBusinessLeads.org within 72 hours of its receipt of the corresponding Lead(s).

5. Property Rights

All property rights in the Leads and any included materials provided to Purchaser remain the property of HomeBusinessLeads.org and are protected by Canadian copyright laws and any copyright laws of other countries.

6. Indemnity

Each party hereto agrees to indemnify, defend and hold the other party harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys' fees and related costs, which (1) arise solely or in part from the act(s) and/or omission(s) of the indemnifying party; or (2) arise from or are related to a breach by the indemnifying party of any express warranty contained herein.


7. Governing Law; Severability

This License Agreement is governed by the laws of the State of Arkansas without giving effect to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Section headings are for convenience only and will not be considered part of this Agreement. If any portion of this Agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.

8. Termination

(a) Except as set forth in paragraph 8(b), this Agreement may be terminated by either party by submitting one-week advance written notice to the other.

(b) This Agreement may be immediately terminated by either party (1) in the event of a breach by either party of an express warranty contained herein; (2) if either party becomes insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, becomes subject to direct control of a trustee, receiver or similar authority, or is the subject of reorganization; or (3) in the event either party becomes subject to any bankruptcy or insolvency proceeding under federal, state or foreign statutes.

(c) Upon termination of this Agreement by either party, all rights conferred hereby shall immediately terminate.

9. Entire Agreement

This Agreement, together with any addenda, exhibits, amendments and schedules hereto, shall constitute the entire agreement and understanding between HomeBusinessLeads.org and Purchaser with respect to the subject matter hereof and supersedes any prior representations, agreements, and/or understandings between the parties on these subjects. Any different or additional terms in any documents furnished by Purchaser are specifically objected to and will not become part of this Agreement. This Agreement may be amended or superseded only by a written instrument executed by HomeBusinessLeads.org and Purchaser. This Agreement shall not be deemed accepted by, or binding upon, either party until executed by authorized representatives of both parties. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of HomeBusinessLeads.org and Purchaser.

10. Assignment

This Agreement or any interest therein shall not be assigned by Purchaser without the prior written consent of HomeBusinessLeads.org which consent shall not be unreasonably withheld.

11. Representations and Warranties

(a) Each Party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable bankruptcy laws and other laws affecting creditors rights.

(b) HomeBusinessLeads.org represents and warrants that, to the extent expressly granted in the License Summary, and pursuant to the terms set forth in the License Summary, the Leads shall be exclusively provided to the Purchaser. HomeBusinessLeads.org further represents and warrants that it shall use commercially reasonable efforts to provide Purchaser with the quantity of Leads set forth in the License Summary.

(c) Purchaser represents and warrants that it will not engage in any deceptive or unlawful trade practice and that it will comply in all respects to all applicable laws.

12. Disclosure

Each Party shall NOT disclose terms of this agreement to unlisted or secondary parties without the prior written consent of both Parties.

I have read and agree to the terms set forth in this Agreement.

No modifications to these terms have been made in the course of this transaction. By accepting and clicking the "I have read and agree to the above" checkbox below, both parties agree to abide by this Agreement.