HomeBusinessLeads.org collects personal information, referred to as
Leads, and sells that information to companies that
offer home-based business opportunities to individuals.
By purchasing information from HomeBusinessLeads.org, you, the
Purchaser, are entering into a binding and enforceable
legal agreement with HomeBusinessLeads.org as set forth below.
The Purchaser represents and warrants that you are authorized
to enter into this agreement.
Please read these Terms and Conditions carefully. As
used in this agreement, the terms “Purchaser” and “You”
mean you and the company or entity which you represent.
During the Term hereof, HomeBusinessLeads.org hereby agrees to
grant the Purchaser the right to use leads purchased
The Leads, to the extent inventory so allows, are to
be delivered in the quantity and frequency set forth
in the purchase agreement (whether placed via telephone,
website or email).
There are NO REFUNDS on lead packages after orders have been
received. Refunds before order delivery will be charged a 20% cancellation fee.
In addition, the Leads provided shall contain either
a valid telephone number or a valid email address, and
shall not be duplicative of any Leads previously provided
to Purchaser by HomeBusinessLeads.org during the Term of this
Agreement. Should any Lead provided not contain either
a valid telephone number or email address or, in the
alternative, be duplicative of Leads previously provided
to Purchaser by HomeBusinessLeads.org during the Term of this
Agreement, then HomeBusinessLeads.org agrees to give the Purchaser
a credit for each such Lead if, and only if, the Purchaser
identifies the defective Lead in writing and notifies
HomeBusinessLeads.org within 72 hours of fulfillment of the Purchaser’s
Purchaser hereby agrees that all Leads provided to it
comply in all material respects with the terms of this
Agreement unless the Purchaser provides HomeBusinessLeads.org
with written notification of the Lead(s) that the Purchaser
believes are defective or non-conforming within 72 hours
of fulfillment of the Purchaser’s order. Purchaser shall,
under no circumstances, be entitled to a refund.
During the Term hereof and subject to the other terms
and conditions of this Agreement, HomeBusinessLeads.org grants
to Purchaser a non-transferable, non-assignable limited
license to use the Leads as follows:
· The Leads are owned by HomeBusinessLeads.org. The Leads
provided to Purchaser shall be used for only one time
by the Purchaser. The Purchaser does not have the right
to resale the leads.
· HomeBusinessLeads.org is not responsible for the use
of its Leads by Purchaser or any other end user.
· Purchaser agrees to use the Leads in a manner
that strictly complies with all applicable provincial,
federal, and international laws.
· Purchaser agrees not to falsify transmission
(header) information in any and all electronic mail
it directly and/or indirectly initiates or causes to
be sent to the Leads, or to take any other steps to
disguise the true origin of the electronic mail and
· Purchaser agrees to only send electronic mail
to Leads from a valid and working electronic mail address
to which the Leads may respond.
· Purchaser agrees to include the following information
in all of the electronic mail it directly and/or indirectly
initiates or causes to be sent to the Leads: 1) accurate
electronic mail Subject heading line; 2) the Purchaser’s
physical mailing address; and 3) a clear and conspicuously
displayed mechanism for the Leads to unsubscribe or
“opt-out” of receiving any further electronic mails
(said mechanism to remain operational for not less than
30 days after transmission of the corresponding email).
· Purchaser agrees to cease sending email to
any and all Leads that have requested to “opt-out” or
unsubscribe within seven (7) days of the corresponding
· The above-mentioned Terms apply to all sales
made by whole sellers to Purchasers.
This Agreement shall begin as of the Effective Date
and shall remain in full force and effect until terminated
by either party in a manner consistent with the terms
and conditions set forth herein.
1. License Restrictions
(a) All rights not expressly granted herein are reserved
by HomeBusinessLeads.org. This Agreement does not grant to Purchaser
the right to use the Leads for any other purpose not
expressly set forth in the License Summary above. HomeBusinessLeads.org does not grant any implied license under any
patents, trademarks, trade secrets, copyrights or other
proprietary rights held by HomeBusinessLeads.org. The use by HomeBusinessLeads.org of an Online Lead Generation Form prepared by
Purchaser or any third party does not grant to Purchaser
or any third party any rights whatsoever in and/or to
the Leads generated therefrom.
(b) Purchaser agrees not to use the Leads in any manner
that is deceptive, improper, wrongful, unethical, and/or
2. Reporting and Payment
(a) Purchaser agrees to remit payment to HomeBusinessLeads.org
in the manner set forth in the License Summary and/or
purchase agreement (as applicable).
(a) HomeBusinessLeads.org does not guarantee that the Leads provided
pursuant to the terms of this Agreement will generate
revenue to Purchaser. HomeBusinessLeads.org does not guarantee
that the Leads provided can be contacted by Purchaser
or that the Leads provided are not otherwise available
from another source separate from HomeBusinessLeads.org. HomeBusinessLeads.org makes no representation whatsoever regarding
the suitability, creditworthiness, viability, or legitimacy
of the Leads. HomeBusinessLeads.org exercises no control over,
and accepts no responsibility for, the acts and/or omissions
of the Leads. Except as otherwise expressly set forth
in this Agreement, the Purchaser hereby agrees that
the Leads are provided on an “as is, as available” basis.
(b) HomeBusinessLeads.org MAKES NO EXPRESS OR IMPLIED WARRANTY,
TO THE EXTENT PERMISSIBLE BY LAW, OTHER THAN THE WARRANTIES
EXPRESSED IN THE LICENSE SUMMARY, IF ANY, AND SPECIFICALLLY
DISCLAIMS ANY WARRANTIES OF MERCHANABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
4. Purchaser Remedies
In all cases involving a failure of the Leads to conform
to the express terms set forth in the License Summary,
HomeBusinessLeads.org’s sole obligation, and Purchaser’s sole
and exclusive remedy, is for HomeBusinessLeads.org to provide
a credit to Purchaser in an amount equal to the amount
actually paid by Purchaser to HomeBusinessLeads.org for the corresponding
Lead(s) if, and only if, Purchaser notifies HomeBusinessLeads.org
within 72 hours of its receipt of the corresponding
5. Property Rights
All property rights in the Leads and any included materials
provided to Purchaser remain the property of HomeBusinessLeads.org
and are protected by Canadian copyright laws and any
copyright laws of other countries.
Each party hereto agrees to indemnify, defend and hold
the other party harmless from and against any and all
actions, claims, demands, proceedings, liabilities,
damages, judgments, settlements, fines, penalties, costs,
and expenses, including attorneys’ fees and related
costs, which (1) arise solely or in part from the act(s)
and/or omission(s) of the indemnifying party; or (2)
arise from or are related to a breach by the indemnifying
party of any express warranty contained herein.
7. Governing Law; Severability
This License Agreement is governed by the laws of the
State of Arkansas without giving effect to its conflict
of law provisions. The United Nations Convention on
Contracts for the International Sale of Goods will not
apply to this Agreement. Section headings are for convenience
only and will not be considered part of this Agreement.
If any portion of this Agreement is ruled by a court
of competent jurisdiction to be unlawful, void, or for
any reason unenforceable, then, to the maximum extent
permitted by law, the provision shall be reformed to
reflect the intent of the parties or if the provision
cannot be so reformed, severed from the contract, it
being agreed that such severance shall not affect the
validity and enforceability of the remaining provisions
of this Agreement.
(a) Except as set forth in paragraph 8(b), this Agreement
may be terminated by either party by submitting one-week
advance written notice to the other.
(b) This Agreement may be immediately terminated by
either party (1) in the event of a breach by either
party of an express warranty contained herein; (2) if
either party becomes insolvent, admits in writing its
inability to pay its debts as they mature, makes an
assignment for the benefit of creditors, becomes subject
to direct control of a trustee, receiver or similar
authority, or is the subject of reorganization; or (3)
in the event either party becomes subject to any bankruptcy
or insolvency proceeding under federal, state or foreign
(c) Upon termination of this Agreement by either party,
all rights conferred hereby shall immediately terminate.
9. Entire Agreement
This Agreement, together with any addenda, exhibits,
amendments and schedules hereto, shall constitute the
entire agreement and understanding between HomeBusinessLeads.org
and Purchaser with respect to the subject matter hereof
and supersedes any prior representations, agreements,
and/or understandings between the parties on these subjects.
Any different or additional terms in any documents furnished
by Purchaser are specifically objected to and will not
become part of this Agreement. This Agreement may be
amended or superseded only by a written instrument executed
by HomeBusinessLeads.org and Purchaser. This Agreement shall not
be deemed accepted by, or binding upon, either party
until executed by authorized representatives of both
parties. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of HomeBusinessLeads.org and Purchaser.
This Agreement or any interest therein shall not be
assigned by Purchaser without the prior written consent
of HomeBusinessLeads.org which consent shall not be unreasonably
11. Representations and Warranties
(a) Each Party represents and warrants to the other
that it has full right and authority to enter into this
Agreement and to perform all of its obligations hereunder;
that its execution and performance of this Agreement
will not breach any agreement between itself and a third
party; and that the provisions of this Agreement are
binding upon and enforceable against it except as may
be limited by applicable bankruptcy laws and other laws
affecting creditors rights.
(b) HomeBusinessLeads.org represents and warrants that, to the
extent expressly granted in the License Summary, and
pursuant to the terms set forth in the License Summary,
the Leads shall be exclusively provided to the Purchaser.
HomeBusinessLeads.org further represents and warrants that it
shall use commercially reasonable efforts to provide
Purchaser with the quantity of Leads set forth in the
(c) Purchaser represents and warrants that it will not
engage in any deceptive or unlawful trade practice and
that it will comply in all respects to all applicable
Each Party shall NOT disclose terms of this agreement
to unlisted or secondary parties without the prior written
consent of both Parties.
I have read and agree to the terms set forth in this
No modifications to these terms have been made in the
course of this transaction. By accepting and clicking
the “I have read and agree to the above” checkbox below,
both parties agree to abide by this Agreement.