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| AGREEMENT |
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This Agreement sets forth the Standard Terms and Conditions that apply to your use of RMLeads.com services. RMLeads.com is a Texas L.P.
YOUR USE OF THE RMLeads.com SERVICES INDICATES YOUR ACCEPTANCE AND CONSENT TO BE BOUND BY ANY AND ALL OF THE PROVISIONS OF THIS "TERMS OF SERVICE AGREEMENT".
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| MEMBERSHIP ELIGIBILITY |
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Our services are only available to principals and employees of duly organized and licensed mortgage brokers or lenders who are in good standing. We do not accept lenders that engage in predatory lending practices, fraud, unfair competition or practices in violation of privacy and/or anti-spam laws. You represent and warrant to RML that neither you or anyone in your charge engages or condones any prohibited activity(s) or conduct referenced above and that you are authorized to enter into this Agreement and that the execution and delivery hereof and performance of the respective obligations hereunder do not violate any other agreement to which you are a party.
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MEMBER CONDUCT
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Your acceptance of these terms is your warrant and representation to us that your conduct in performing your obligations under this Agreement will conform to all of the Terms of Service set forth herein and all applicable, international and/or federal, state and local laws, rules and regulations including, without limitation, the provisions of the published RMLeads.com Privacy Policy; All privacy laws and anti-spam laws (including, but not limited to, the Graham-Leach-Bliley Act, the Do-Not-Call Implementation Act of 2003 and the Telephone Consumer Protection Act of 1991), laws regarding email marketing (including, but not limited to, the CAN-SPAM act of 2003), and the Fair Credit Reporting Act.
If, after you contact a Lead, and the consumer requests to be removed from any further contact from you and/or RMLeads.com, you agree to comply with this request for your own records AND you agree to forward that consumers request to RMLeads.com via e-mail at opt.out@RMLeads.com. within ten (10) business days of your receipt of the request.
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| REGISTERING FOR SERVICE |
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Registration is free of charge to eligible members. You may only register one time for our service. During or After you register, you may set up sub-accounts if you need to have accounts for other loan officers at your company.
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| BUYING LEADS |
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You may only purchase leads once your account has been activated and there are sufficient funds on deposit in your user account to purchase the leads you choose. All leads sold by RMLeads.com are Exclusive and will; not be sold to multiple brokers according to filtering criteria established by individual brokers and the lead data itself. All leads may very in price between Twenty Eight($3)Dollars and Five($85)Dollars. Automatically Routed Leads will be based on the RMLeads.com fees 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 RMLeads.com fees schedule in effect at the time you buy the leads. Leads may appear in the system on a irregular time basis and may not always be available. Rmleads.com can only guarantee that leads will be available in your state, there is no guarantee you can receive leads on a local level being city, county, zip, area code or miles to distance.
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| FUNDING YOUR ACCOUNT |
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We offer three methods by which you may fund your account.
(1) Credit card: There is a five hundred ($500) 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 five hundred ($1500) 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.
(3) PayPal: There is a five hundred ($850) dollar minimum for funding an account via PayPal. Payments are to be made to RMLeads.com's PayPal vendor account at paypal@RMLeads.com . YOU AGREE TO NOT REQUEST A CHARGE BACK AGAINST THE CREDIT CARD used to fund the PAYPAL payment 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.
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.
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| LEAD CONTENT GUARANTEE AND RETURN POLICY |
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Automatically Routed Leads: This is the most convenient and highest level of service available. Leads are automatically sent to you each day based upon the filter criteria you choose. Lead costs reflect under this superior level of service are influenced by the filter choices you make. RMLeads.com makes every effort to ensure you receive only valid leads. Nevertheless, occasionally a lead may contain information that is no longer valid. Returning invalid leads couldn't be easier. If any lead provided to you does not contain valid information as described below, within 5 days of purchase, simply go to the "Leads section" after logging into your account at RMLeads.com.com. Then click on Dispute Lead and insert the Lead Id and reason for returning the Lead. RMLeads.com handles all disputes on an individual bases and contacts the lead to verify the accuracy.
We guarantee each automatically routed lead to have a valid name, one valid contact phone number, a valid address, and that the Lead is from a customer who affirmatively submitted a request for more information on a mortgage loan. We will credit to your account the amount you paid for any automatically routed lead that contains false or incomplete contact information promised above.
We do not guarantee 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 RMLeads.com. As such, WE DO NOT GUARANTEE YOU'RE RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS RMLeads.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. RMLeads.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 against your account 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.
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| REFUND/CREDIT POLICY |
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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 RMLeads.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 four (3) 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 $50.
Please allow up to ten (10) business days to process refunds once we have received your written request.
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| CONTACTING BORROWERS |
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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 RMLeads.com via e-mail at opt.out@RMLeads.com . within ten (10) business days of your receipt of the request.
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| CONFINDENTIAL INFORMATION |
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The data form provided to you by RMLeads.com is proprietary to RMLeads.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 RMLeads.com, however, without the prior written permission of RMLeads.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.
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| USER'S RESPONSIBILITIES |
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You agree that you will not use RMLeads.com or RMLeads.com data for any unauthorized use including but not limited to chain letters, junk mail, "spamming", 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 RMLeads.com or RMLeads.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. RMLeads.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.
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| ACCOUNT AND PASSWORD |
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You will be provided a confidential account ID number by RMLeads.com and be allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED BY RMLeads.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 RMLeads.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.
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| LINKS |
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Some Links on the RMLeads.com web site may let you leave the RMLeads.com web site. You understand the linked sites are not under the control of RMLeads.com and RMLeads.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. RMLeads.com is not responsible for web casting or any other form of transmission received from any linked site. RMLeads.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RMLeads.com of the linked site or any association with their operators.
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| RELATIONSHIP OF THE PARTIES |
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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.
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| DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY |
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THE RMLeads.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. RMLeads.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE RMLeads.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY RMLeads.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 RMLeads.com, and 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 RMLeads.com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE RMLeads.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 RMLeads.com RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT RMLeads.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM RMLeads.com AND ITS
AFFILIATES.
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| LIMITATION OF LIABILITY |
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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 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 RMLeads.com, AND 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.
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| FORCE MAJEURE |
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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.
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| COPYRIGHT AND TRADEMARKS |
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All content is proprietary of the RMLeads.com Web Site. and 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. RMLeads.com. does not grant any license or other authorization to any user of its trademarks, service marks, copyrightable material or other intellectual property by placing them on this web site. RMLeads.com reserves any rights not expressly granted herein.
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| TERM OF AGREEMENT AND TERMINATION |
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This Agreement shall remain in force and effect as long as you hold an account with RMLeads.com. This Agreement is automatically renewed each time you access the RMLeads.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 RMLeads.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 RMLeads.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.
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| GOVERNING LAW |
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Texas 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 Houston Texas or to any Federal Court located within the State of Texas.
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| INTERPRETATION AND CONSTRUCTION |
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No provision of this Agreement shall be construed in favor of or against RMLeads.com or you by reason of the extent to which any such party or its counsel participated in the drafting thereof. 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.
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| ARBITRATION |
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Any dispute or claim arising hereunder shall be submitted to binding arbitration in Harris County, Texas, and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, ("AAA"), and the parties expressly waive any right they may otherwise have to cause any such action or preceding to be brought or tried elsewhere. Any such dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The parties hereunder further agree that: (i) any request for arbitration shall be made in writing and must be made within a reasonable time after the claim, dispute or other matter in question has arisen; provided however, that in no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such claim, dispute, or other matter would be barred by the applicable statues of limitations; (ii) the appointed arbitrator must be a former or retired judge or attorney at law with at least five (5) years experience in the substantive area of this Agreement; (iii) all proceedings involving the parties shall be reported by a certified shorthand reporter and written transcripts of any such proceedings shall be prepared and made available to the parties; (iv) the decision of the arbitrator or arbitrators must be made within ninety (90) days from the date the arbitration proceedings are initiated; (v) costs and fees of the arbitrator shall be borne by the non-prevailing party, unless the arbitrator or arbitrators determine otherwise; (viii) the award or decision of the arbitrator, which may include equitable relief, and reasonable attorneys fees and costs to the prevailing party, shall be final and judgment may be entered on such award in accordance with applicable law in any court having jurisdiction over the matter.
Should either party file an action contrary to this provision, the other party may recover reasonable attorneys' fees and costs of not less than one thousand ($1000) dollars and not more than the actual reasonable attorneys fees and costs incurred in defending such an action and subject to written verification, proof and approval by a court of competent jurisdiction with whom the action in question was heard.
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| SEVERABILITY |
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If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
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| SURVIVABILITY |
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The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
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| INDEMNIFICATION |
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You agree to defend, indemnify and hold harmless RMLeads.com against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with RMLeads.com
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| HEADINGS |
| Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action. |
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| ASSIGNMENT |
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You may not sell, mortgage, assign or otherwise transfer any of your rights or obligations under this Agreement to any other person or entity, without the express written consent of RMLeads.com. Notwithstanding the foregoing, either You or RMLeads.com may assign its rights and obligations under this Agreement without consent and without notice to the other, and both You and RMLeads.com shall accept such assignment as a novation, to a successor as a result of a change in business legal structure, corporate restructuring, reorganization, merger, consolidation, or acquisition of all or substantially all of the assigning party's stock or assets, provided that this Agreement shall be binding upon, inure to the benefit of and be enforceable by You and RMLeads.com and their respective successors and assigns. Any ambiguities in the terms and/or conditions of this contract shall not be construed against RMLeads.com.
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| ENTIRE AGREEMENT |
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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.
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| MODIFICATION OF TERMS |
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RMLeads.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 RMLeads.com Web Site. You are responsible for regularly reviewing these documents. Continued use of the RMLeads.com Web Site after any such changes shall constitute your consent to such changes. RMLeads.com does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.
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| INDEPENDENT COUNSEL |
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You're establishing of an account and/or your use of the RMLeads.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.
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