Your Privacy is Important to Us
Privacy Policy
At Global Data Mining LLC (hereinafter "Global Data Mining") and GlobalDataUSA.com Web site, your privacy is our chief concern. We understand that you entrust us with your private information to help us match you with a lender, insurance agent or credit counselor to meet your needs. In exchange for your trust, you expect and deserve our commitment to treat your information with respect. Rest assured that we protect your privacy. Under no circumstances will Global Data Mining sell or share any personal information about you to or with any person or organization except: as authorized by you, our participating lenders, mortgage brokers, or credit counselors depending on the application you fill out. The Privacy Policy below describes the standards we adhere to in handling information about you and your loan request.
We want you to be aware of:
· Who we are
· Information we may collect on a GlobalDataUSA.com Web site
· How your information is used
· Altering the information you submit through a GlobalDataUSA.com Web site
· How our Privacy Policy is monitored
1. Who We Are. GlobalDataUSA.com is web site of Global Data Mining LLC with headquarter in Lewes, DE.
2. Information We Collect. There are several areas on a GlobalDataUSA.com Web site where you may be asked to enter both personal and non-personal information. We DO NOT sell or share any personal information about you to or with any person or organization except: as authorized by you or as may be required by law or court order.
3. Sharing information with third parties. We do not share any of your information with third parties. GlobalDataUSA.com Web site has security measures in place to protect the loss, misuse and alteration of the information under our control.
If you have questions or concerns regarding this statement, please contact our Customer Care Department Sales@GlobalDataUSA.com.
If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will notify you of the change. In that case, your ability to opt out of the new policy will be determined by applicable laws and we will include that information in our notification. If the change impacts how we use your information, we will notify you even if you have requested that we not contact you. If you have any questions about this please mail us at
Global Data Mining LLC, 16192 Coastal Highway, Lewes, DE, 19958, phone: (877) 977-3301
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Privacy Policy
At Global Data Mining LLC (hereinafter "Global Data Mining") and GlobalDataUSA.com Web site, your privacy is our chief concern. We understand that you entrust us with your private information to help us match you with a lender, insurance agent or credit counselor to meet your needs. In exchange for your trust, you expect and deserve our commitment to treat your information with respect. Rest assured that we protect your privacy. Under no circumstances will Global Data Mining sell or share any personal information about you to or with any person or organization except: as authorized by you, our participating lenders, mortgage brokers, or credit counselors depending on the application you fill out. The Privacy Policy below describes the standards we adhere to in handling information about you and your loan request.
We want you to be aware of:
· Who we are
· Information we may collect on a GlobalDataUSA.com Web site
· How your information is used
· Altering the information you submit through a GlobalDataUSA.com Web site
· How our Privacy Policy is monitored
1. Who We Are. GlobalDataUSA.com is web site of Global Data Mining LLC with headquarter in Lewes, DE.
2. Information We Collect. There are several areas on a GlobalDataUSA.com Web site where you may be asked to enter both personal and non-personal information. We DO NOT sell or share any personal information about you to or with any person or organization except: as authorized by you or as may be required by law or court order.
3. Sharing information with third parties. We do not share any of your information with third parties. GlobalDataUSA.com Web site has security measures in place to protect the loss, misuse and alteration of the information under our control.
If you have questions or concerns regarding this statement, please contact our Customer Care Department Sales@GlobalDataUSA.com.
If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will notify you of the change. In that case, your ability to opt out of the new policy will be determined by applicable laws and we will include that information in our notification. If the change impacts how we use your information, we will notify you even if you have requested that we not contact you. If you have any questions about this please mail us at
Global Data Mining LLC, 16192 Coastal Highway, Lewes, DE, 19958, phone: (877) 977-3301
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
LEADS & CALLS
Help
Global Data Mining LLC,
16192 Coastal Highway, Lewes, DE 19958
Your Privacy is Important to Us
Privacy Policy
At Global Data Mining LLC (hereinafter "Global Data Mining") and GlobalDataUSA.com Web site, your privacy is our chief concern. We understand that you entrust us with your private information to help us match you with a lender, insurance agent or credit counselor to meet your needs. In exchange for your trust, you expect and deserve our commitment to treat your information with respect. Rest assured that we protect your privacy. Under no circumstances will Global Data Mining sell or share any personal information about you to or with any person or organization except: as authorized by you, our participating lenders, mortgage brokers, or credit counselors depending on the application you fill out. The Privacy Policy below describes the standards we adhere to in handling information about you and your loan request.
We want you to be aware of:
· Who we are
· Information we may collect on a GlobalDataUSA.com Web site
· How your information is used
· Altering the information you submit through a GlobalDataUSA.com Web site
· How our Privacy Policy is monitored
1. Who We Are. GlobalDataUSA.com is web site of Global Data Mining LLC with headquarter in Lewes, DE.
2. Information We Collect. There are several areas on a GlobalDataUSA.com Web site where you may be asked to enter both personal and non-personal information. We DO NOT sell or share any personal information about you to or with any person or organization except: as authorized by you or as may be required by law or court order.
3. Sharing information with third parties. We do not share any of your information with third parties. GlobalDataUSA.com Web site has security measures in place to protect the loss, misuse and alteration of the information under our control.
If you have questions or concerns regarding this statement, please contact our Customer Care Department Sales@GlobalDataUSA.com.
If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will notify you of the change. In that case, your ability to opt out of the new policy will be determined by applicable laws and we will include that information in our notification. If the change impacts how we use your information, we will notify you even if you have requested that we not contact you. If you have any questions about this please mail us at
Global Data Mining LLC, 16192 Coastal Highway, Lewes, DE, 19958, phone: (877) 977-3301
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
We want you to be aware of:
· Who we are
· Information we may collect on a GlobalDataUSA.com Web site
· How your information is used
· Altering the information you submit through a GlobalDataUSA.com Web site
· How our Privacy Policy is monitored
1. Who We Are. GlobalDataUSA.com is web site of Global Data Mining LLC with headquarter in Lewes, DE.
2. Information We Collect. There are several areas on a GlobalDataUSA.com Web site where you may be asked to enter both personal and non-personal information. We DO NOT sell or share any personal information about you to or with any person or organization except: as authorized by you or as may be required by law or court order.
3. Sharing information with third parties. We do not share any of your information with third parties. GlobalDataUSA.com Web site has security measures in place to protect the loss, misuse and alteration of the information under our control.
If you have questions or concerns regarding this statement, please contact our Customer Care Department Sales@GlobalDataUSA.com.
If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will notify you of the change. In that case, your ability to opt out of the new policy will be determined by applicable laws and we will include that information in our notification. If the change impacts how we use your information, we will notify you even if you have requested that we not contact you. If you have any questions about this please mail us at
Global Data Mining LLC, 16192 Coastal Highway, Lewes, DE, 19958, phone: (877) 977-3301
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Terms of Service
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 set up multiple accounts for one company if you need to have an account for each loan officer / credit counselor at your company.
LEADS
There are currently two leads services available to you, Automatically Routed Leads and Manually selected leads through our GlobalDataUSA.com Web site. 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 price for the leads as stated in the GlobalDataUSA.com pricing schedule in effect at the time you buy the leads.
LIVE CALL TRANSFERS
Live call transfers are automatically routed calls from toll free numbers advertised on our mortgage web sites. Live call transfer prices vary depending on the type of service requested. If you decide to receive live call transfers, the price for the call transfers will be based on the GlobalDataUSA.com pricing schedule in effect at the time you purchase the call transfers. 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 price for the live call transfers as stated in the GlobalDataUSA.com pricing schedule in effect at the time you purchase the live call transfers.
PAYMENT
Buying GlobalDataUSA.com Credit
You can pay for GlobalDataUSA.com services including leads and live call transfers using GlobalDataUSA.com Credit. You can purchase GlobalDataUSA.com Credit using any payment method made available to you by GlobalDataUSA.com from time to time. The GlobalDataUSA.com Credit that you purchase will be credited to your User Account at the time of purchase.
Inactive GlobalDataUSA.com Credit.
If you do not use your GlobalDataUSA.com Credit for a period of 180 days, (including GlobalDataUSA.com Credit that has been allocated to you by a GlobalDataUSA.com administrator) GlobalDataUSA.com will place your GlobalDataUSA.com Credit on inactive status. You can reactivate the GlobalDataUSA.com Credit by following the reactivation link in My Account at https://globaldatausa.com/store/credit_reactivate.aspx. Reactivated GlobalDataUSA.com Credit is not refundable.
Minimum Payment Requirement
(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.
REFUNDS
ALL REFUND OR CREDIT REQUESTS MUST BE VERIFIED VIA TELEPHONE WITH THE MEMBER AND AN AUTHORIZED GlobalDataUSA.com REPRESENTATIVE.
First Deposit Refund Policy
If you are our New Customer and you prepaid your account for the first time, you can choose up to 3 (three) Leads in our Trade System, and, in case you're dissatisfied with the leads purchased, you have a right to request a refund equal to your First Deposit with no administrative fees. The FIRST DEPOSIT REFUND must be requested by New Customer within 15 days period after deposit date. GlobalDataUSA.com will issue refund in 10 business days following the date of your refund request.
IMPORTANT: You will be considered a 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 New Customer. If we will find that you are not New Customer with GlobalDataUSA.com, 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.
Deposits Refund Policy
To request a refund of a charge, you must contact GlobalDataUSA.com Customer Services within 180 days of such charge.
If you elect to voluntarily terminate you account and discontinue services with us, you will receive a refund to your credit card used to fund the account equal to the remaining balance of your account less a termination fee of $5. If you were billed in error, you will receive a refund (or credit to your credit card used to open the account) equal to the remaining balance. No fees applied. GlobalDataUSA.com will issue refund in 10 business days following the date of your refund request. No refunds will be given for any charges more than 180 days old.
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 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 counseling 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.
CALL TRANSFERS CHARGES AND RETURN POLICY
GlobalDataUSA.com charges every call transferred, not call answered. The reason being is that we send purchaser calls along with the Caller ID (phone number of the prospect). The callers phone numbers are also available at the Purchaser's account "My Calls" section online. Even if purchaser is not answering, purchaser still has the information necessary to contact the prospective consumer. However, in case you don't answer, the prospective consumer may end up talking with another service provider. It is very important to set up your real time call transfer filters to transfer you calls when you are able to answer. Non-answering call(s) forwarded is not a valid basis for refund.
Calls without Caller ID/number: GlobalDataUSA.com is not charging you for non-answered calls without Caller ID (Phone number). Calls with Caller ID/number forwarded to the purchaser's phone line are not subject to refund.
Routing duplicate calls and charges: GlobalDataUSA.com charges you per prospective consumer, not per call. GlobalDataUSA.com does not charge for multiple calls made from the same phone number. If a live transfer call was routed to you and answered, a following call(s) from the same phone number with total length under 10 minutes will be routed to the same phone line without a call charge.
Additional charges apply to long calls: If a call is longer that 10 minutes (600 seconds), GlobalDataUSA.com automatically charges Purchaser an additional 10 cents/minute. If total length of duplicate calls originating from the same phone number exceeds 10 minutes, additional charges 10 cents/minute apply.
Calls transfers suspension: In the event of purchaser's line is not answering, GlobalDataUSA.com pauses call transfers automatically to avoid excessive charges and to keep prospective consumers more satisfied. If purchaser's line is not answering repeatedly, the purchaser may end up not getting any significant call volume.
Information provided during a call transfer is provided by the prospective consumer and not GlobalDataUSA.com. We do not guarantee any of the information provided is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates provided by the consumer over the phone when communicating with the call recipient/purchaser. How you approach and handle each call transfer 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 LIVE CALL TRANSFERS.
CONTACTING CONSUMERS
If you take delivery of leads you agree to the following:
(1) to contact the prospective consumer in a timely fashion;
(2) to offer the prospective consumer your most competitive rates;
(3) to offer the prospective consumer you highest level of professional service;
(4) to respect a prospective consumers 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 consumer 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 consumer or any other third party for any reason nor may you resell the data.
PURCHASER'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 Purchaser's account immediately and without notice, if it becomes aware and determines, in its sole discretion, that Purchaser 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 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 or receive financing. Global Data Mining and the Web Site cannot and do not control whether or not consumers will complete the purchase of items or receive financing for which they have requested proposals or quotes. Because purchaser 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.
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.
Global Data Mining enables borrowers to provide anonymous requests to Lenders for quotes on terms for mortgage-backed loans. Each Lender may elect to provide the borrower with a non-binding customized quote of the terms the Lender would offer to a borrower fitting the anonymous profile, as well as the Lender's contact information. These non-binding quotes are not intended to be Good Faith Estimates. Each request and any submitted quote(s) will be visible to other participants in the Service. The borrower may choose to contact any particular Lender, in which case the Lender agrees to respond promptly to the contact. Any loan or other business conducted is between the Lender and the borrower. Borrowers may provide ratings or other feedback on the Lenders whom they contact after the Lenders respond to their quote requests. Lenders may not rate themselves or other lenders.
Purchaser Responsibility. The Purchaser is solely responsible for its communication with and services for any borrower in connection with the Service. The Purchaser agrees not to use the Service in any way that breaches the Good Neighbor Policy. Each Purchaser agrees not to use the Service in any way that is unlawful, or harms Global Data Mining, its service providers, suppliers or any other borrower. The Purchaser will indemnify Global Data Mining, its officers, directors, employees, and agents from and against any and all claims, demands, costs, liabilities, losses, expenses and damages (including attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with (i) the Purchaser use of the Services, (ii) violation of these Terms of Use, or (iii) any loan, other business, or other communication by the Purchaser with borrowers of the Service.
Compliance with Laws. The Purchaser will comply with all applicable federal and state laws and regulations in its application and in any business operations conducted pursuant to these Terms of Use. The Purchaser shall ensure that the Purchaser and all of its business associates conducting business related to the Service is in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, or any other regulated field or occupation, except as promptly disclosed to Global Data Mining. The Purchaser will only operate in, and respond to quote requests from, jurisdictions where the Purchaser is licensed or otherwise authorized to operate by applicable law. Each Purchaser will cooperate with Global Data Mining to investigate or enforce these Terms of Use and applicable laws and regulations, and with any inquiry or investigation by regulators or law enforcement officials related to the Service.
The Role of Global Data Mining; Disclaimer. Global Data Mining has not confirmed any information in any request for quote, any information about the borrower submitting a request, or any information in a borrower rating or feedback about any Purchaser. Global Data Mining is not a lender and does not make loans or credit decisions in connection with loans. Global Data Mining does not endorse or recommend any borrower or the products of any particular lender. Global Data Mining does not guarantee information provided by any borrower, any specific loan terms and conditions offered by a lender, or that a borrower will be offered any type of loan by any lender. Global Data Mining is not an agent of either the borrower or any lender. Global Data Mining is only providing an administrative service to borrowers and lenders. Global Data Mining assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that the lender takes based on the Service and any other information or other material on the Service.
Interruption or Discontinuance. Global Data Mining may interrupt a Purchasers participation in the Service or discontinue the Service at any time. Any Purchaser may cease to provide loan quotes at any time.
REGISTERING FOR SERVICE
Registration is free of charge to eligible members. You may set up multiple accounts for one company if you need to have an account for each loan officer / credit counselor at your company.
LEADS
There are currently two leads services available to you, Automatically Routed Leads and Manually selected leads through our GlobalDataUSA.com Web site. 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 price for the leads as stated in the GlobalDataUSA.com pricing schedule in effect at the time you buy the leads.
LIVE CALL TRANSFERS
Live call transfers are automatically routed calls from toll free numbers advertised on our mortgage web sites. Live call transfer prices vary depending on the type of service requested. If you decide to receive live call transfers, the price for the call transfers will be based on the GlobalDataUSA.com pricing schedule in effect at the time you purchase the call transfers. 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 price for the live call transfers as stated in the GlobalDataUSA.com pricing schedule in effect at the time you purchase the live call transfers.
PAYMENT
Buying GlobalDataUSA.com Credit
You can pay for GlobalDataUSA.com services including leads and live call transfers using GlobalDataUSA.com Credit. You can purchase GlobalDataUSA.com Credit using any payment method made available to you by GlobalDataUSA.com from time to time. The GlobalDataUSA.com Credit that you purchase will be credited to your User Account at the time of purchase.
Inactive GlobalDataUSA.com Credit.
If you do not use your GlobalDataUSA.com Credit for a period of 180 days, (including GlobalDataUSA.com Credit that has been allocated to you by a GlobalDataUSA.com administrator) GlobalDataUSA.com will place your GlobalDataUSA.com Credit on inactive status. You can reactivate the GlobalDataUSA.com Credit by following the reactivation link in My Account at https://globaldatausa.com/store/credit_reactivate.aspx. Reactivated GlobalDataUSA.com Credit is not refundable.
Minimum Payment Requirement
(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.
REFUNDS
ALL REFUND OR CREDIT REQUESTS MUST BE VERIFIED VIA TELEPHONE WITH THE MEMBER AND AN AUTHORIZED GlobalDataUSA.com REPRESENTATIVE.
First Deposit Refund Policy
If you are our New Customer and you prepaid your account for the first time, you can choose up to 3 (three) Leads in our Trade System, and, in case you're dissatisfied with the leads purchased, you have a right to request a refund equal to your First Deposit with no administrative fees. The FIRST DEPOSIT REFUND must be requested by New Customer within 15 days period after deposit date. GlobalDataUSA.com will issue refund in 10 business days following the date of your refund request.
IMPORTANT: You will be considered a 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 New Customer. If we will find that you are not New Customer with GlobalDataUSA.com, 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.
Deposits Refund Policy
To request a refund of a charge, you must contact GlobalDataUSA.com Customer Services within 180 days of such charge.
If you elect to voluntarily terminate you account and discontinue services with us, you will receive a refund to your credit card used to fund the account equal to the remaining balance of your account less a termination fee of $5. If you were billed in error, you will receive a refund (or credit to your credit card used to open the account) equal to the remaining balance. No fees applied. GlobalDataUSA.com will issue refund in 10 business days following the date of your refund request. No refunds will be given for any charges more than 180 days old.
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 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 counseling 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.
CALL TRANSFERS CHARGES AND RETURN POLICY
GlobalDataUSA.com charges every call transferred, not call answered. The reason being is that we send purchaser calls along with the Caller ID (phone number of the prospect). The callers phone numbers are also available at the Purchaser's account "My Calls" section online. Even if purchaser is not answering, purchaser still has the information necessary to contact the prospective consumer. However, in case you don't answer, the prospective consumer may end up talking with another service provider. It is very important to set up your real time call transfer filters to transfer you calls when you are able to answer. Non-answering call(s) forwarded is not a valid basis for refund.
Calls without Caller ID/number: GlobalDataUSA.com is not charging you for non-answered calls without Caller ID (Phone number). Calls with Caller ID/number forwarded to the purchaser's phone line are not subject to refund.
Routing duplicate calls and charges: GlobalDataUSA.com charges you per prospective consumer, not per call. GlobalDataUSA.com does not charge for multiple calls made from the same phone number. If a live transfer call was routed to you and answered, a following call(s) from the same phone number with total length under 10 minutes will be routed to the same phone line without a call charge.
Additional charges apply to long calls: If a call is longer that 10 minutes (600 seconds), GlobalDataUSA.com automatically charges Purchaser an additional 10 cents/minute. If total length of duplicate calls originating from the same phone number exceeds 10 minutes, additional charges 10 cents/minute apply.
Calls transfers suspension: In the event of purchaser's line is not answering, GlobalDataUSA.com pauses call transfers automatically to avoid excessive charges and to keep prospective consumers more satisfied. If purchaser's line is not answering repeatedly, the purchaser may end up not getting any significant call volume.
Information provided during a call transfer is provided by the prospective consumer and not GlobalDataUSA.com. We do not guarantee any of the information provided is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates provided by the consumer over the phone when communicating with the call recipient/purchaser. How you approach and handle each call transfer 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 LIVE CALL TRANSFERS.
CONTACTING CONSUMERS
If you take delivery of leads you agree to the following:
(1) to contact the prospective consumer in a timely fashion;
(2) to offer the prospective consumer your most competitive rates;
(3) to offer the prospective consumer you highest level of professional service;
(4) to respect a prospective consumers 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 consumer 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 consumer or any other third party for any reason nor may you resell the data.
PURCHASER'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 Purchaser's account immediately and without notice, if it becomes aware and determines, in its sole discretion, that Purchaser 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 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 or receive financing. Global Data Mining and the Web Site cannot and do not control whether or not consumers will complete the purchase of items or receive financing for which they have requested proposals or quotes. Because purchaser 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.
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.
Global Data Mining enables borrowers to provide anonymous requests to Lenders for quotes on terms for mortgage-backed loans. Each Lender may elect to provide the borrower with a non-binding customized quote of the terms the Lender would offer to a borrower fitting the anonymous profile, as well as the Lender's contact information. These non-binding quotes are not intended to be Good Faith Estimates. Each request and any submitted quote(s) will be visible to other participants in the Service. The borrower may choose to contact any particular Lender, in which case the Lender agrees to respond promptly to the contact. Any loan or other business conducted is between the Lender and the borrower. Borrowers may provide ratings or other feedback on the Lenders whom they contact after the Lenders respond to their quote requests. Lenders may not rate themselves or other lenders.
Purchaser Responsibility. The Purchaser is solely responsible for its communication with and services for any borrower in connection with the Service. The Purchaser agrees not to use the Service in any way that breaches the Good Neighbor Policy. Each Purchaser agrees not to use the Service in any way that is unlawful, or harms Global Data Mining, its service providers, suppliers or any other borrower. The Purchaser will indemnify Global Data Mining, its officers, directors, employees, and agents from and against any and all claims, demands, costs, liabilities, losses, expenses and damages (including attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with (i) the Purchaser use of the Services, (ii) violation of these Terms of Use, or (iii) any loan, other business, or other communication by the Purchaser with borrowers of the Service.
Compliance with Laws. The Purchaser will comply with all applicable federal and state laws and regulations in its application and in any business operations conducted pursuant to these Terms of Use. The Purchaser shall ensure that the Purchaser and all of its business associates conducting business related to the Service is in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, or any other regulated field or occupation, except as promptly disclosed to Global Data Mining. The Purchaser will only operate in, and respond to quote requests from, jurisdictions where the Purchaser is licensed or otherwise authorized to operate by applicable law. Each Purchaser will cooperate with Global Data Mining to investigate or enforce these Terms of Use and applicable laws and regulations, and with any inquiry or investigation by regulators or law enforcement officials related to the Service.
The Role of Global Data Mining; Disclaimer. Global Data Mining has not confirmed any information in any request for quote, any information about the borrower submitting a request, or any information in a borrower rating or feedback about any Purchaser. Global Data Mining is not a lender and does not make loans or credit decisions in connection with loans. Global Data Mining does not endorse or recommend any borrower or the products of any particular lender. Global Data Mining does not guarantee information provided by any borrower, any specific loan terms and conditions offered by a lender, or that a borrower will be offered any type of loan by any lender. Global Data Mining is not an agent of either the borrower or any lender. Global Data Mining is only providing an administrative service to borrowers and lenders. Global Data Mining assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that the lender takes based on the Service and any other information or other material on the Service.
Interruption or Discontinuance. Global Data Mining may interrupt a Purchasers participation in the Service or discontinue the Service at any time. Any Purchaser may cease to provide loan quotes at any time.
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