TERMS OF SERVICE FOR CONTRACTORS
Reno Leads, LLC dba KGRcontractors.com/KGRContractors.mobi
By clicking the “submit requirements” button on Our web site, You hereby agree to the terms and conditions of this Terms of Service. The terms and conditions herein, together with any and all insertion orders (“IO”) constitute the agreement (“Agreement”) applicable to the purchase and sale of lead generation and referral services amongst You (“Customer”, “Lead Buyer” “You” Or “Your”) and Reno Leads, LLC dba KGRcontractors.com (the “Company”, “Us”, “We” Or “Our”).
You may elect to purchase additional services from company, or its partners and/or other third parties, which have their own terms and conditions agreements and acceptable use agreements, aside from this agreement. Those agreements should be presented to You at the time of purchase and/or account login, and it is then Your obligation to review, accept and abide by those agreements as well as this agreement.
USER NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your User Name and Password. Please remember that it is Your responsibility to keep this data secure.
Listing in Company’s Database. Company will provide You with the following Services (the “Services”): Company will include information about the Customer in its database (a “Listing”), accessible to Company users through one of its websites (“the Website”), and, in some cases, by other means. Company shall have the right to carry out a screening process that may include, but not be limited to, identification verification, credit checks, and Better Business Bureau or other consumer protection related reports of the Customer. Company reserves the right, in its sole discretion, to refuse any such request or to cancel any Listing for any reason, or for no reason, including, but not limited to, Customer’s failure to provide sufficient or satisfactory information to create an Listing, Customer’s failure to pass Company’s screening process, or Customer’s failure to fulfill the obligations set forth in this Agreement. You hereby grant Us the right to investigate the background of Your firm and its principals.
The Listing will consist of the selected information provided to Company by the Customer. Content of the Listing shall be at the sole discretion of the Company. The Customer agrees to provide true, accurate, current, and complete information about the Customer’s business as requested by Company during the application process.
After inclusion of the Listing in the Customer database, Company, in its sole discretion, will forward contact information for business prospects that Company determines relevant to Customer (“Leads”). Company shall forward Leads to Customer in accordance with the program type(s) (“Program Type”) and preferred method specified by Customer in the IO. The Company shall maintain a system of tracking the number of Leads Company delivers to Customer, and that tracking system shall be the sole determiner and final authority with respect to the number of Leads Company has delivered to Customer. The Leads will contain information sufficient to permit Customer to make contact with Leads (“Lead Information”). Lead Information may include, but not necessarily be limited to, a telephone number, address, or e-mail address.
PAYMENT FOR SERVICES. Customer shall pay Company for the Services in accordance with this Agreement. Payment is due and payable at time of Lead delivery. Customer shall pay for each lead on an individual basis as leads are delivered per this agreement. The cost of each lead will vary depending on the type of lead but will range from $25 to $50 per lead. All rates are stated net of all applicable federal, state, and local taxes. On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys’ fees. Customer agrees to execute financing statements and other instruments at Company’s request. Customer understands that fees paid for the Services are nonrefundable. This provision shall survive the termination of this Agreement.
Lead Returns. Lead returns are subject to Company’s sole discretion and will be considered by Company under the following circumstances only: (1) Lead is a duplicate of a Lead previously provided to Customer by Company; or (2) Lead Information includes a disconnected or otherwise invalid telephone number. (3) Customer no longer wishes to have service provided.
All Leads delivered to Customer are deemed accepted unless, within forty eight (48) hours from the date that Company delivers Lead to the Customer, Customer requests to return the Lead for one of the reasons stated above. Lead return requests must be made to Company’s “request a refund” button in the Customer’s account. In the event that Customer fails to request a Lead return within forty eight (48) hours of delivery of the Lead, Company shall have no obligation to process a return.
In the event that Company permits Customer to return a Lead, Customer shall be entitled only to a credit or replacement Lead. Refunds will not be granted for Lead returns.
CANCELLATION OF SERVICE. Customer has 14 days after the most current lead to cancel this agreement. Cancellation notice shall be sent electronically through email to Contact@KGRcontractors.com or through US Postal Service to Reno Leads, Ltd. 12665 Portage St Doylestown, OH 44230. If no cancellation notice is received, service shall continue. Customer shall be liable for all leads delivered during 14 day cancellation period.
REPRESENTATIONS AND WARRANTIES. CUSTOMER REPRESENTS AND WARRANTS THAT (1) ALL OF THE INFORMATION PROVIDED TO COMPANY IS CURRENT, TRUTHFUL AND NOT MISLEADING OR FRAUDULENT, (2) THE CUSTOMER IS, PURSUANT TO ANY APPLICABLE FEDERAL OR STATE LAW, REGULATION OR LICENSING REQUIREMENT, AUTHORIZED TO PROVIDE THE SERVICES INCLUDED IN THE CUSTOMER’S LISTING, (3) THE CUSTOMER’S STORAGE, USE, DISSEMINATION AND TRANSMISSION OF ANY LEAD INFORMATION AND ITS COMMUNICATIONS WITH THE LEADS WILL BE CONSISTENT WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AND (4) THE CUSTOMER WILL PERFORM ALL SERVICES RELATED TO LEADS IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH ANY APPLICABLE LAW, RULE, REGULATION, OR LICENSING REQUIREMENT.
CUSTOMER AGREES TO USE ITS BEST EFFORTS TO RESPOND TO EVERY LEAD WITHIN TWENTY FOUR (24) HOURS, AND, IN ANY EVENT, NOT MORE THAN FORTY EIGHT (48) HOURS.
CUSTOMER AGREES NOT TO DISTRIBUTE, RE-SELL OR OTHERWISE TRANSFER ANY LEADS OR ANY LEAD INFORMATION TO ANY THIRD PARTY, WITHOUT COMPANY’S EXPRESS WRITTEN CONSENT.
INDEMNIFICATION. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE PRESENT, FORMER AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND THEIR RESPECTIVE HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “INDEMNITIES’”), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, AMOUNTS PAID IN SETTLEMENT AND REASONABLE ATTORNEYS’ FEES AND COSTS) WHICH ANY OF THE INDEMNITIES’ MAY SUFFER, INCUR OR SUSTAIN RESULTING FROM OR ARISING OUT OF (I) CUSTOMER’S BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, (II) SERVICES PROVIDED, OR NOT PROVIDED, BY THE CUSTOMER TO ANY THIRD PARTY AS A RESULT OF ACCEPTING THE SERVICES, (III) CLAIMS OR ACTIONS OF THIRD PARTIES ALLEGING UNFAIR OR DECEPTIVE TRADE PRACTICES OR FALSE ADVERTISING IN CONNECTION WITH STATEMENTS OR CLAIMS MADE BY CUSTOMER IN CONNECTION WITH THE SERVICES OR CUSTOMER’S ACCEPTANCE OF THE SERVICES, (IV) ANY CLAIM OR ACTION OR DISPUTE BETWEEN CUSTOMER AND ANY THIRD PARTY IN CONNECTION WITH THE SERVICES OR CUSTOMER’S ACCEPTANCE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S WORK PERFORMED FOR ANY THIRD PARTY AS A RESULT OF ACCEPTING THE SERVICES, OR ANY THIRD PARTY’S PAYMENT OR FAILURE TO PAY FOR CUSTOMER’S SERVICES). THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
DISCLAIMERS. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO ANY INFORMATION OR SERVICES PROVIDED THROUGH ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO, THE WEBSITE, EMAIL, PHONE OR FAX.
COMPANY IS NOT INVOLVED IN ANY ACTUAL TRANSACTIONS BETWEEN CUSTOMER AND LEADS. AS A RESULT, COMPANY HAS NO CONTROL OVER THE ABILITY OF LEADS TO PURCHASE SERVICES OR QUALIFY FOR FINANCING OR ANY OTHER FORM OF CREDIT. COMPANY CANNOT AND DOES NOT CONTROL WHETHER OR NOT LEADS WILL COMPLETE THE PROCESS OF HIRING A PROVIDER FOR THE SERVICES THEY HAVE REQUESTED PROPOSALS OR QUOTES. COMPANY CANNOT AND DOES NOT GUARANTEE THAT EACH LEAD IS WHOM THEY CLAIM TO BE. CUSTOMER AND LEADS WILL BE ABLE TO COMMUNICATE DIRECTLY WITH EACH OTHER BEFORE ANY TRANSACTION IS COMPLETE. IN THE EVENT A CUSTOMER HAS A DISPUTE WITH ONE OR MORE LEADS, THE CUSTOMER RELEASES COMPANY AND ITS AGENTS AND EMPLOYEES FROM CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THAT DISPUTE.
INTELLECTUAL PROPERTY. Company’s trademarks, written copy, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Company. Except as otherwise provided in the Agreement, Customer may not use any of the Company’s Intellectual Property in any advertising, publicity or in any other commercial manner without the prior written consent of Company.
Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Referrer sends to Company relating to the Services will be treated as being non-confidential and non-proprietary. Company may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
LIMITATION OF LIABILITY. COMPANY’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. COMPANY SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY DAMAGES CAUSED BY ANY ONLINE SERVICE, QUOTE PROVIDED BY THE CUSTOMER TO A LEAD, TRANSMISSION, COMMUNICATIONS OR COMPUTER SYSTEM FAILURE OR (C) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, REVENUES OR PROFITS OR THE COST OF OTHER FORMS OF ADVERTISING, REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, COMPANY WOULD NOT ENTER INTO THIS AGREEMENT.
AGENCIES AND PARTNERSHIP. The Customer and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.
DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, or any other disagreement between the Parties shall be settled in Akron, Ohio, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The failure of KGRcontractors.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the KGRcontractors.com services or the Terms and Conditions must be filed for arbitration within one (1) year after such claim or cause of action arose or be forever barred.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part except in a writing signed by the parties.
FORCE AND EFFECT. Any failure by Company to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
NOTICE. Notice to Customer shall be deemed effective when a) sent via e-mail to the last known Customer contact e-mail address, or in Terms of Service sent with every lead, or to the last known Customer fax number, or when deposited in first-class U.S. mail with sufficient postage attached addressed to the last known Customer mailing address. Notices required to be given by Customer may be made by electronic mail sent to Company’s customer service support.
PROHIBITED TRANSACTIONS. Customer is not, nor is Customer acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control (“OFAC”). In addition, Customer is not, nor is Customer acting on behalf of any person or entity that is, a Specially Designated National (“SDN”), as OFAC may so designate from time to time. In addition to all other rights and remedies available to Company under this Agreement, and at law and in equity, Customer’s breach of this section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Customer under this Agreement.
ASSIGNMENT; SUCCESSORS. Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
PHONE CALLS. You acknowledge and agree that Company may monitor and/or record any telephone calls between You and Company.
1. The Parties each acknowledge and agree that they have reviewed this Agreement in its entirety, and every part thereof, and that they understand the Agreement. They further acknowledge and agree that they have had the opportunity to review this Agreement and otherwise consult with their independent counsel as to the Agreement, and that the terms and conditions hereof adequately and correctly reflect their respective understandings of the subject matter hereof.
2. This Agreement has been generated pursuant to the equal negotiations and advice of the Parties and their counsel. Accordingly, this Agreement should not be construed more favorably or unfavorably as to any party hereto.
3. The Parties each covenant and warrant that they have the right and authority to enter into this Agreement and carry out its terms.
4. Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire, weather or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond their control.
HEADINGS. The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of June 11, 2013. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in the Agreement either by email or by a conspicuous posting on Our web site.