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Terms of Service
Agreement
By executing a purchase of lead(s) from the GlobalDataUSA.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. You may set up multiple accounts for one company if you need to
have an account for each loan officer / credit councellor at your company.
BUYING LEADS
There are currently two service levels available to you, Automatically Routed Leads
and Manually selected leads through our GlobalSataUSA.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 GlobalDataUSA.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 GlobalDataUSA.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 one hundred ($100)
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 one hundred ($100) 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 one hundred ($100) 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 calendar days.
Web site Leads: Under this option, you must manually choose the leads you wish to
purchase each time you log in to your account.
Data provided within a lead is inputted by the consumer and not GlobalDataUSA.com.
We do not guarantee 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 GlobalDataUSA.com. As such, WE DO NOT GUARANTEE
YOU'RE RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS. Since our leads
could be non-exclusive, the consumer may have started a loan process with another
loan officer, so this is not a valid reason for a dispute. We recommend contacting
the consumer as soon as you get the lead so you can be the first to earn their business.
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.
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 lead to have a valid
name, one valid contact phone number, and that the Lead is from a customer who affirmatively
submitted a request for more information on a mortgage loan, foreclosure assistance
or credit councelling services. 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 GlobalDataUSA.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 refinanced 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.
GlobalDataUSA.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. GlobalDataUSA.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 GlobalDataUSA.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 $5.
(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 $5.
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 GlobalDataUSA.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 GlobalDataUSA.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 one hundred ($100) dollars, which you agree
to pay in addition to the amount of the Lead purchase fee due for Leads you have
received
CONTACTING BORROWERS
If you take delivery of leads you agree to the following:
(1) to contact the borrower in a timely fashion;
(2) to offer the prospective borrower your most competitive rates;
(3) to offer the prospective borrower you highest level of professional service;
(4) to respect a prospective borrowers privacy and if received, their demand to
be removed from any future contact list by you and to report their demand to GlobalDataUSA.com
via e-mail at sales@GlobalDataUSA.com within ten (10) business days of your receipt
of the request.
CONFINDENTIAL INFORMATION
The data form provided to you by GlobalDataUSA.com is proprietary to GlobalDataUSA.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 borrower that you got their quote request from GlobalDataUSA.com,
however, without the prior written permission of GlobalDataUSA.com you may not forward,
copy, or otherwise distribute in any form or media, the actual lead data to the
prospective borrower or any other third party for any reason nor may you resell
the data.
USER'S RESPONSIBILITIES
You agree that you will not use GlobalDataUSA.com or GlobalDataUSA.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
GlobalDataUSA.com or GlobalDataUSA.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. GlobalDataUSA.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 GlobalDataUSA.com and be
allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED
BY GlobalDataUSA.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 GlobalDataUSA.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 GlobalDataUSA.com web site may let you leave the GlobalDataUSA.com
web site. You understand the linked sites are not under the control of GlobalDataUSA.com
and GlobalDataUSA.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. GlobalDataUSA.com is not responsible for web casting or any other form of
transmission received from any linked site. GlobalDataUSA.com is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by GlobalDataUSA.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 GLOBALDATAUSA.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. GLOBALDATAUSA.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR
WARRANTY THAT THE GLOBALDATAUSA.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR
UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GLOBALDATAUSA.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 GLOBALDATAUSA.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 GLOBALDATAUSA.COM SERVICE,
INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE GLOBALDATAUSA.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 GLOBALDATAUSA.COM
RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION
WILL APPLY WHETHER OR NOT GLOBALDATAUSA.COM IS GIVEN NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES
AVAILABLE FROM GLOBALDATAUSA.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 GLOBALDATAUSA.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 GlobalDataUSA.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
GlobalDataUSA.com. This Agreement is automatically renewed each time you access
the GlobalDataUSA.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 GlobalDataUSA.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 GlobalDataUSA.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
GlobalDataUSA.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 GlobalDataUSA.com Web Site. You are responsible
for regularly reviewing these documents. Continued use of the GlobalDataUSA.com
Web Site after any such changes shall constitute your consent to such changes. GlobalDataUSA.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 GlobalDataUSA.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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