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TERMS Leadanswer- Call Verified Mortgage Leads

CONDITIONS

 
   

terms & conditions

 
 
       

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The Client and Lead Answer, Inc., an Illinois Corporation (the "Company") (collectively the "Parties"), hereby expressly agree that this Purchase Order and Sales Agreement is subject to the following Terms and Conditions:

1. The Client agrees that they are purchasing marketing information in the field of real estate financing, insurance or debt (the "Leads") from the Company. By definition a “lead” is merely a marketing device to identify potential parties who may be in the market for services to be offered by a client. Because the Company is merely providing leads, the Company will receive the purchase price of all leads provided regardless of whether the Client conducts any sales as a result of the Leads.
2. The Client and the Company agree that the purchase price paid for each Lead by the Client shall not be construed to be a "fee," "kick-back," "commission," or "referral fee" of any nature. Additionally, the Company represents that it shall not pay or receive any benefit, other than the purchase price paid by the Client, as compensation for the Leads pursuant to any agreement or understanding, oral or otherwise. It is further understood that any “filters” and related criteria used for data base purposes, and stated on any Order Form or Purchase Order (including the Description of Leads Sold) will not modify or amend this contract by allowing any additional express or implied warranties regarding leads provided herein.
3. The delivery date of Leads shall be within two to five (2–5) business days from receipt of payment and collection of the signed Purchase Order and Sales Agreement. The Company shall not be liable for any delays in delivery caused by factors beyond its control, including, without limitation, labor disputes, fire, earthquakes, accidents, floods, acts of God, shipping and/or transportation.
4. The Client has no right to return the Leads purchased, and the Company shall not accept any unused or returned Leads. The sole and exclusive recourse for any claimed defective leads come under the "Replacement Leads" as described in paragraph #5, #6 below and which is to be applied at the sole and absolute judgment of Company.
5. The Company may replace any Lead provided to the Client that falls within any of the following qualifying categories (the "Replacement Lead"): (a) the Lead has duplicate data sets for the same consumer and with respect to the same credit product; (b) the Lead is incomplete and does not permit the Client to make contact with the consumer, either because the Lead contains an incorrect telephone number, email address, or otherwise; (c) the Lead was entered by a consumer lacking legal capacity to make a contract (e.g., a minor, a person of diminished mental capacity, etc.); or (d) the Lead provided does not contain all of the specific Lead criteria specified in the Agreement. However, the Client will not be entitled to request a refund for incorrect data entered by consumers concerning income, assets, debts, or other information necessary to the underwriting and/or processing of a credit request. The Replacement Lead will be provided as soon as the Company acquires a Lead satisfying the Client's requisite criteria. Notwithstanding the foregoing, if the Company determines with reasonable diligence that the Client's claim for a replacement is false or misleading, the Company reserves the right to not honor the replacement or refund request and/or terminate this Agreement. Please note, replacements of aged leads, call-lists, realty-data and triggers are discount items that will be made strictly upon the sole discretion of the company.
6. To obtain a Replacement Lead the Client must have first attempted to contact the consumer described in the Lead within 24 hours following the Client's receipt of the Lead from the Company. For a Replacement Lead or regarding any billing related issue, the Client must first return to the Company the invalid data record of the Lead within two (2) calendar days of its receipt accompanied by a written explanation as to why each returned Lead qualifies for Replacement Lead.
7. Once the Lead has been delivered to the Client, all risks of loss shall pass to the Client.
8. Any and all disputes or controversies between the Client and the Company related to this Agreement, which are not resolved by mutual agreement, shall be resolved by arbitration in Cook County, Illinois; provided, however, (i) the parties shall be entitled to pursue limited discovery of Civil Procedure and (ii) the arbitration hearing shall commence no later than 120 calendar days after the arbitrator(s) is appointed. Unless specified otherwise herein, arbitration under this section shall be the exclusive means of resolving any and all disputes or controversies arising out of this Agreement. 
9. In the event that a dispute arises between the Parties related to this Agreement, the prevailing party to such dispute shall be entitled to recover from the non-prevailing party all costs and fees incurred in connection with resolving such dispute including reasonable attorneys' fees incurred prior to litigation being commenced as well as all attorney’s fees incurred during arbitration or other litigation proceedings. 
10. Cancellation. The Client and/or the Company may cancel this agreement within two (2) calendar days upon receipt of this signed instrument, further known as the purchase order and sales agreement. Any cancellation notice must be provided in writing and mailed to: 16525 W. 159th St., Ste. 104, Lockport, IL 60441. A refund of any unused balances will be permitted within the cancellation period and not thereafter.
11. Any notice required or permitted under this Agreement shall be by certified mail to the addresses contained in this Agreement. If either party changes his or her addresses, that party shall provide written notice to the other of the address. Notice shall be considered received 5 days after it is mailed.
12. The Agreement shall be construed, interpreted and enforced according to the laws of the State of Illinois.
13. This Agreement shall not be valid until the acceptance by the Company. Unless accepted by the Company within Forty Eight hours any Purchase Order and Sales Agreement may be voided. The Company may withdraw from this Agreement at any time before services are rendered.
14. This Agreement embodies the entire agreement of the parties. No understanding or agreement, verbal or otherwise, exists between the parties, except as expressly set forth in this Agreement.
15. In the event that any provision of this Agreement is held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement.
16. If at any time, the Client is in default as to the payment owed to the Company for a period of 5 days, the Client shall pay an additional fee to the Company at the rate of 1.5 % of the unpaid amount per each month.
17. The Agreement may not be assigned by the Client either voluntarily or by operation of law. Any attempted assignment shall be void.
18. The Company shall not be liable for any consequential damages, incidental or otherwise. The Company's liability to the Client, if any, connected with this Agreement, including, without limitation, to breach of contract, shall in no event exceed the amount of payment received by the Company from the Client, minus costs of Leads procured and/or provided by the Company.
19. No modifications, variations or changes to this Agreement shall be binding upon the Parties unless mutually agreed to in writing. 
20. The Client shall indemnify the Company for any and all losses, damages or liabilities resulting from the Client's failure to adhere to industry standards and any applicable canons of ethics in the origination, processing or funding of mortgage loans, including any liabilities resulting from claims made by consumers alleging the Client’s violation of federal or state laws regarding telephone solicitation and/or commercial contact with a consumer. The indemnification by the Client shall not be limited to willful acts, bad faith or gross negligence.
21. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE LEADS SOLD TO THE CLIENT, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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