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On-line Conduct.
User shall not engage in any conduct that restricts or
inhibits any other User from using or enjoying this service.
User agrees to use this service only for lawful purposes. User
shall not post on or transmit through this service any
unlawful, defamatory, libelous, vulgar, obscene, abusive,
harassing, harmful, threatening, or racially, ethnically or
otherwise objectionable material of any kind, including, but
not limited to, any material which encourages conduct that
would constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable law. User
acknowledges that this service offers an unparalleled
opportunity for communication and information sharing among a
wide variety of participants in the leads industry, including
competitors in the market for various mortgage and insurance
products and related services. User shall be solely
responsible for ensuring that User's Account shall not be used
in any manner which constitutes, or forms a part of a course
of conduct amounting to, a violation of any state, federal or
other applicable competition law. User covenants and agrees to
defend, indemnify and hold harmless Nextleads, Inc.. and its
subsidiaries, affiliates, parent companies, suppliers and
independent contractors, and their officers, agents and
employees from and against, and to pay or reimburse the
Indemnities for, any and all economic harm resulting from,
arising out of, or related to any breach of any of the
foregoing provisions of this agreement involving use of User's
Account. If you choose to participate in or use any of the
marketing services available on this service, you must always
use your real name, and you will remain solely responsible for
the materials created and the content of your messages posted
on this service.
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No Warranties/Limitation of Liability.
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this service is provided on an "as is,"
"as available" basis without warranties of any
kind, either expressed or implied, including, but not
limited to, warranties of title or implied warranties of
merchant ability or fitness for a particular purpose,
other than those warranties which are implied by and
incapable of exclusion, restriction or modification under
the laws applicable to this agreement.
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Under no circumstances, and under no legal theory,
whether in tort, contract or otherwise, shall Nextleads, Inc..,
any of its subsidiaries, affiliates, parent companies,
suppliers or independent contractors, or any of their
directors, officers, employees, or agents, or anyone else
involved in developing or distributing this service (all
of the foregoing are hereinafter collectively referred to
as the "Nextleads, Inc.. parties"), be liable
for any economic harm resulting in any way from the use
of, or inability to use, this service, including, without
limitation, any economic harm resulting from reliance on
any network content or resulting from any interruptions,
work stoppages, computer failures, communication failures,
deletion of files, errors, omissions, inaccuracies,
defects, viruses, delays or mistakes of any kind. In
no event shall the total liability of the Nextleads, Inc..
parties, either jointly or severally, exceed the total
amount paid by user to Nextleads, Inc.. for access fees
and other charges in connection with user's access to and
use of this service within the last six calendar months.
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Nextleads Distribution of Network Content.
Similar to newsstands, libraries and bookstores, Nextleads, Inc..
does not exercise editorial control over network content
provided, uploaded, published or distributed by users and
other participants in this service. In other words,
Nextleads, Inc.. is merely a distributor, not a publisher,
of such network content. such network content contains the
views, opinions, statements, offers, and other material of
the respective users, participants or authors. Nextleads, Inc..
does not endorse, is not responsible for, and makes no
representations or warranties regarding, such network
content or its accuracy, merchant ability or fitness for
any particular purpose, and Nextleads, Inc.. shall not be
liable for any economic harm resulting from or in
connection with reliance on any such network content. In
addition, Nextleads, Inc.. shall not be a party to, or
liable in any way for any Economic Harm associated with,
any transaction between User and any other User or
participant in this service. Any products or services
offered or sold on or through this service by any person
other than Nextleads, Inc.. are offered or sold subject to
terms and conditions solely between User and such other
person.
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Each User is responsible for all activities and charges
in connection with use of User's Account by any person or
entity, and for ensuring full compliance with this
Agreement by all users of User's Account. User shall take
all reasonable steps necessary to inform any and all of
User's employees, officers, or agents who access and/or
use this service of the terms and conditions governing
such access and/or use. User's Account with this service
may not be transferred without prior written approval from
Nextleads, Inc.. and is subject to any limits established
by Nextleads, Inc...
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User shall take all reasonable precautions to ensure the
confidentiality of the [password/User ID/Access Code]
assigned by Nextleads, Inc.. to User for access to this service.
User is responsible for maintaining the confidentiality of
User's [password/User ID/Access Code] and shall be solely
liable for any economic harm resulting from disclosing, or
suffering or permitting disclosure of, User's
[password/User ID/Access Code]. In the event of any such
disclosure or other breach of security, User will remain
liable for any unauthorized use of this service until User
delivers written notice thereof to Nextleads, Inc.. and
obtains a new [password/User ID/Access Code] from Nextleads, Inc...
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Information.
Nextleads, Inc.. reserves the right to disclose certain
personal information which you provide during registration
(i.e., your name, Internet and mailing addresses, daytime
telephone number) to third parties for the purpose of
providing you with information about their services and
products. Furthermore, Nextleads, Inc.. may
collect demographic information and information regarding your
usage of specified areas and disclose such information to
third parties, although in so doing Nextleads, Inc.. will not
disclose your personal identity.
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Indemnification.
User covenants and agrees to defend, indemnify and hold
harmless Nextleads, Inc.. and its subsidiaries, affiliates,
parent companies, suppliers and independent contractors, and
their officers, agents and employees (collectively, together
with Nextleads, Inc.., the "Indemnities") from and
against, and to pay or reimburse the Indemnities for, any and
all economic harm resulting from, arising out of, or related
to (i) any breach by User of any term or condition of this
Agreement, (ii) the placement or transmission by or through
User or User's Account of any Network Content on this service.
If any action shall be brought against any Indemnity in
respect to which indemnity may be sought against User under
this Agreement, User shall assume and control the defense and
settlement of each such action, including the employment of
counsel and payment of all expenses. Any such Indemnity shall
have the right to employ separate counsel in any such action
and participate in the defense thereof, but the fees and
expenses of such separate counsel and participation shall be
borne by such Indemnity unless otherwise agreed to in writing
by User.
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Nextleads Rights.
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Nextleads, Inc.. reserves the right, in its sole
discretion, to select Users and to refuse service or
subscription to this service to any person or entity for
any reason or for no reason whatsoever. Nextleads, Inc..
may terminate immediately and without notice the Account
of any User who misuses this service or fails to comply
with any term or condition of this Agreement.
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Nextleads, Inc.., in its sole discretion, may, at any
time and from time to time, and in any manner modify
this Agreement and adopt additional terms and conditions
governing Users' access and use of this service. Any
modification or addition is effective immediately upon
its posting in this location or any other location
designated for such purposes on this service or upon
transmittal of written notice thereof to User.
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Nextleads, Inc.. may, in its sole discretion, modify,
supplement or discontinue any aspect of this service,
including, but not limited to, (i) restricting the hours
or dates of access to this service, (ii) restricting the
means of access to this service to certain computer
types and to certain operating systems, (iii) limiting
the amount of access time and/or use permitted, and (iv)
restricting or terminating any User's right to access or
use this service or any portion thereof, at Nextleads sole discretion and without prior notice or liability. Nextleads, Inc..
reserves the right to change or add any fees or charges
for access or use of this service at any time effective
upon ten (10) days' prior notice.
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Termination
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Either User or Nextleads, Inc.. may terminate User's
Account at any time, for any reason or no reason at all.
User's only right with respect to any dissatisfaction with
(i) any term or condition of this Agreement or any change
therein, or any decision, policy, or action of Nextleads, Inc..
in operating this service, or (ii) the quality, quantity
or any other aspect of the Network Content available at
any time through this service or any change therein, is to
terminate User's Account by delivering written notice
thereof to Nextleads, Inc..
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Nextleads, Inc.. may terminate User's Account, or
suspend any individual User's access to all or any part of
this service, without notice, for any reason, including,
without limitation, for any conduct that Nextleads, Inc..,
in its sole discretion, believes violates this Agreement,
interferes with another User's use or enjoyment of this service,
or is harmful to another User or participant in this service..
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account balance may be kept as liquidated and other damages
and or fines if user's conduct results in account
termination.
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User acknowledges and agrees that the provisions of this
Agreement shall survive the termination of User's Account
and User shall thereafter remain bound by such provisions.
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