You authorize the Company (or one of its Affiliates) to charge Your credit card in full for any leads purchased at the costs outlined in the Order. The name and personal information provided in the Order is true and correct. In the event of a dispute, requests must be submitted in writing with all order documentation according to the policies established by the credit card issuer. The Company requires payment in full at the time leads are delivered for one-time orders. For Standing lead orders, the card provided will be changed in full for the leads requested weekly. At the end of each week, you will be charged a “top-off’ amount to bring your balance up to the required full amount, to receive leads the following week.
Billing & Refund Policy: Due to the nature of this data, all sales are final and non-refundable. By submitting your order and payment information you are entering into a binding purchase contract. You agree to pay the Company in full. Leads are sold without warranties or guarantees. For standing lead orders, the initial term of the agreement to purchase leads begins on the first date leads are sent to the agent and initial payment has been received. The agreement continues on a week-to-week basis. You may end this agreement subject to the Order Cancellation provision of this agreement and by submitting a cancellation request to the leads department at the email address listed in “Contact Us” below.
FOR STANDING LEAD ORDERS, YOU ACKNOWLEDGE THAT YOU ARE STILL RESPONSIBLE FOR PAYMENT OF LEADS UNTIL THE END OF THE BILLING PERIOD FOLLOWING YOUR CANCELLATION.
Interpretation and Definitions Interpretation
Capitalized words have the meanings set forth below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to United States
Company (also referred to as “the Company”, “We”, “Us” or “Our” in this Agreement) refers to level Up Consulting Agency, 145 Patriot Court, Beaufort SC 29906
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of the Service.
Leads refer to the leads you may Order via the Website.
Orders mean a request by You to Order Leads from Us.
Service refers to the Website where you may submit Orders, as well as the service of sourcing and providing You with the Leads you Order.
Standing Lead Order refers to an Order that continuously renews weekly until it is cancelled by You via the Website.
Terms and Conditions (also referred as “Terms”) mean these Digital Lead Order Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Website refers to https://levelupleads.com/
You and Your means the individual accessing or using the Service, or the company, or other legal entity
on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Leads
By placing an Order for Leads through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Leads, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order
Lead Types
You may submit either a single (one-time) Order, or a Standing Lead Order.
Order Cancellation
We reserve the right to refuse or cancel an Order at any time for certain reasons including but not limited to:
• Leads availability
• Errors in the description or prices for Leads
• Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Single Orders may not be cancelled by You once they are submitted. Standing Lead Orders may be cancelled by You after submitting. If You cancel a Standing Lead Order, you will remain obligated to receive and pay for the Leads applicable to that Standing Lead Order until the end of the billing period following your cancellation.
Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Leads on the Service. The Leads available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the Leads available on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, images, specifications, and availability of the Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time.
Payments
Single Orders are subject to payment in advance. Standing Lead Orders are subject to reoccurring weekly payments in advance. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non delivery of Your Order.
Exclusivity & Non-exclusivity
Level Up Leads follows Quility's policy for Exclusivity
Refunds
We will use commercially reasonable efforts to fulfill all Orders within a week. To the extent any portion of an Order is unfulfilled after 30 days, you may request a refund for the unfulfilled portion.
User Accounts
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately, but no later than 24 hours, upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Restrictions on Use
You are strictly prohibited from, and You agree not to, contribute to the creation or management, in whole or in part, of any software or systems which reverse engineer, replicate, or are otherwise designed to reproduce the Service. You will use the Service and Leads only in strict compliance with all applicable laws, regulations, and ordinances.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. The Company and its licensors reserve all of their right, title, and interest in and to the Service, including all of their related intellectual property rights. No rights aregranted to You other than as expressly set forth in these Terms and Conditions.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction. The Company will not be obligated to credit You for such Feedback or hold any such Feedback in confidence.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Marketing
You give authorization for Level Up Leads to use your name, photo and/or logo for marketing purposes, unless and otherwise revoked in writing. To revoke, you may email us in writing via [email protected].
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
If You wish to terminate Your Account, You may simply discontinue using the Service at any time. Upon termination, whether by You or the Company, Your right to use the Service will cease immediately.
Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER FOR TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF (1) THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE FOR THE APPLICABLE LEADS TO WHICH THE CLAIM RELATES IN THE 6 MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM OR (2) $100 USD. COMPANY RESERVES THE RIGHT AT ITS OPTION AND SOLE DISCRETION TO SATISFY ANY SUCH ACTUAL DAMAGES (SUBJECT TO THE LIMITATIONS) IN THE FORM OF A CREDIT FOR FUTURE LEAD PURCHASES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOME OR PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS), WHETHER FOR TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, WHETHER OR NOT FORESEEABLE AND HOWEVER RISING, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS HEREIN WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU MUST FILE ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR THE CLAIM WILL BE FORFEITED AND FOREVER BARRED. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS HEREIN ARE REASONABLE AND A BASIS OF THE BARGAIN, AND THAT THE COMPANY WOULD NOT ENTER INTO THESE TERMS WITHOUT YOUR AGREEMENT TO SUCH LIMITATIONS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
"AS IS" and "AS AVAILABLE" Disclaimer
THE SERVICE AND ALL LEADS YOU PURCHASE THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE AND THE LEADS YOU PURCHASE THROUGH THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE OR THE LEADS YOU PURCHASE THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY PARTICULAR SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE LEADS, INFORMATION, CONTENT, AND MATERIALS THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY LEADS, INFORMATION, OR CONTENT PROVIDED THROUGH THE SERVICE; (IV) THAT THE SERVICE, LEADS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF MALICIOUS CODE, VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY LEADS YOU PURCHASE THROUGH THE SERVICE WILL RESULT IN ANY SALES OF INSURANCE OR ANY OTHER PRODUCTS.
ANY USE OR RELIANCE UPON THE SERVICES OR THE OUTPUT OF THE SERVICES BY YOU SHALL BE AT YOUR OWN RISK. COMPANY WILL NOT BE LIABLE IN ANY WAY RELATED TO ANY NON COMPANY APPLICATION OR ANY THIRD-PARTY CONTENT OR DATA. WITHOUT LIMITING ANY OF THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED
THROUGH THE SERVICES OR YOU DOWNLOADING OF ANY MATERIAL PROVIDED BY THE SERVICES.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of South Carolina, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. In the event of any legal action to enforce or interpret this Lead Order Contract, the sole and exclusive venue shall be a U.S. federal, or state court of competent jurisdiction and You agree to and do hereby submit to the jurisdiction of such courts. Furthermore, You specifically agree to waive any and all rights to request that an action be transferred for adjudication to another court, city or county.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Assignment
You may not assign these Terms or any right or obligation under these Terms, directly, indirectly, by operation of law or otherwise, without the prior written consent of the Company. The Company may assign these Terms or any right or obligation under these Terms without Your consent to an Affiliate or in connection with the merger, acquisition, sale, or corporate reorganization, restructuring, or conversion of the Company or an Affiliate of the Company. Any other assignment by either party shall be void and of no force or effect. These Terms and Conditions shall be binding upon and inure to the benefit of the permitted successor and assigns of each party.
Changes to These Terms and Conditions
Company may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when Company posts them on the Website. Your continued use of the Services following the posting of revised Terms means that You accept and agree to the changes. You are expected to check the Website each time You access the Service so that You are aware of any changes, as they are binding on You. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Entire Agreement
These Terms contain the entire agreement between Company and You regarding Company’s provision of, and Your receipt and use of, the Services, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.
Force Majeure
Company’s non-performance under these Terms will be excused to the extent due to a cause beyond its reasonable control.
Relationship
You and the Company are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship between You and the Company.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us via Support Portal: https://support.level-up-leads.com/