Terms and Conditions
This website is operated by The Wisdom Companies, LLC ("Wisdom") a California LLC located at 909 N. Sepulveda Blvd, Suite 210, El Segundo, CA 90245. All Sales are final. Wisdom does not provide monetary refunds for unused balances or returned leads. In the event that a buyer receives a bad lead (as defined in Wisdom's return policy), Wisdom will issue the buyer a credit towards additional leads. This Service Agreement constitutes a Legal and Binding Contract between both parties and is being executed by authorized personnel of both parties. No verbal understandings have any part of this Service Agreement. Wisdom Companies does not guarantee any such pattern or schedule of lead disbursement. Wisdom Companies does not have control if lead applicant has applied elsewhere. Wisdom Companies does not guarantee a minimum contact rate. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to its actual attorneys' fees and costs. All disputes must be settled in Los Angeles, California.
NOTICE: Aged leads generated by Wisdom Companies prior to October 16, 2013 are NOT compliant with TELEPHONE CONSUMER PROTECTION ACT (TCPA) regulations for use with Auto-Dialer, Prerecorded Messaging, or calls/text messaging to Cellular Phones. Aged leads are recommended for Manual calling only.
PURCHASER IS SOLEY RESPONSIBLE FOR COMPLINCE WITH ALL FEDERAL AND STATE LAWS INCLUDING BUT NOT LIMITED TO THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) REGULATIONS, STATE AND FEDERAL DO-NOT-CALL REGISTRY REGULATIONS, AND DO-NOT-EMAIL/CAN-SPAM REGULATIONS. PURCHASER ASSUMES THE ENTIRE RISK THAT SOME CONSUMER LEADS PURCHASED MAY CONTAIN OUTDATED PHONE NUMBERS, UNIDENTIFIED CELLULAR NUMBERS, OR OTHER CONTACT INFORMATION AND EACH OF THEM ASSUME THE RISK THAT THE CONSUMER MAY BE REGISTERED WITH A STATE OR FEDERAL DO-NOT-CALL REGISTRY. PURCHASER AND ANY END USER PROVIDED ANY LEAD SOLD TO PURCHASER UNDER THIS AGREEMENT SHALL VERIFY ALL CONTACT INFORMATION AGAINST SUCH REGISTRY(S) PRIOR TO CONTACTING THE CONSUMER. PURCHASER SHALL BEAR ANY AND ALL LIABILITY FOR VIOLATIONS UNDER STATE AND FEDERAL TELEPHONE CONSUMER PROTECTION ACT (TCPA) REGULATIONS DO-NOT-CALL REGULATIONS, AND DO-NOT-EMAIL/CAN-SPAM REGULATIONS.
I agree to this service agreement, in its entirety.
1. Purchaser’s Warranties. Purchaser agrees to employ due care and attention in handing the Leads (as specified on the Service Order). Purchaser agrees to use its name and not that of The Wisdom Companies in pursuing and/or selling the Leads and/or contacting any Lead applicant. Purchaser acknowledges that it is not permitted under the terms of this agreement to re-sell leads purchased from Wisdom. Purchaser agrees to pay Wisdom $1,000.00 for each instance where Purchaser re-sells leads purchased from Wisdom to another individual, company or entity that is not the original Purchaser of the lead. Purchaser represents and warrants to The Wisdom Companies that Purchaser will not: (i) violate any federal, state, local or foreign law or regulation including, but not limited to, the Federal Telephone Consumer Protection Act (TCPA), The CAN SPAM Act of 2003, the Gramm-Leach-Bliley Act, the Truth in Lending Act, and the Real Estate Settlement Procedures Act; (ii) infringe upon or misappropriate any copyright, trademark, patent, trade secret or other intellectual property right or other right, including any individual privacy right of any person or consumer; (iii) disclose the identity of The Wisdom Companies, LLC. Purchaser agrees to indemnify, defend (including immediate reimbursement of attorneys’ fees) and hold harmless The Wisdom Companies, its officers, directors, employees and agents, from and against any claims, actions or demands arising from or related to the breach of the warranties in this paragraph or other breach of this Agreement.
2. Lead Guarantee & Replacement Policy Leads are replaceable ONLY if submitted within 3 business days via our return interface at http://www.leads123.com and apply to the following conditions: a. Both home and work phone numbers are incorrect b. Contact name is incorrect c. Applicant/spouse did not fill out form * Returned leads may be randomly verified. * No assumptive or verbal understandings are a part of this agreement. * No returns will be granted for purchases of aged leads over three days old.
3. Email Delivery. Due to the nature of spam filter programs and ISP level email filtering, Wisdom is unable to guarantee that emails sent from Wisdom's servers will be received by the Purchaser's email account. Wisdom is not responsible for emails sent by Wisdom that do not make it into a Purchaser's email account. All leads will be available in the Purchaser's online interface. Wisdom recommends Purchaser's set up a lead management database system in order to insure that leads are delivered and routed successfully. Wisdom can refer several lead management companies that are easily integrated with Wisdom's service. Purchasers should contact their account representative for details.
4. Inactive Accounts. Inactive accounts, defined as accounts that have not incurred a billable transaction within the prior 120 days, will be charged a $10.00 monthly service fee starting on the first day of the first month after an account has been classified as inactive. This fee will continue monthly until the account incurs a billable transaction or the balance has been depleted to $0.00. If an inactive account reaches a $0.00 balance, the account will be disabled.
5. Privacy Statement. Purchaser represents and warrants that Purchaser, its agents and contracting partners utilize a lawful privacy disclosure policy statement in connection with the solicitation, receipt and use of any information from any person in connection with Leads. Purchaser agrees to provide a copy of all applicable privacy statements, including those on the Internet, to The Wisdom Companies for The Wisdom Companies’ review and comment.
6. No Representations. The Wisdom Companies has not made and does not hereby make any representations, guarantees or warranties whatsoever.
7. Purchaser’s TCPA Understanding and Disclaimer. The Wisdom Companies has disclosed to Purchaser that Aged Leads purchased by them under the terms of this Purchase Agreement, may contain Leads from consumers registered with state and/or federal DO-NOT-Call Registries and were received by Wisdom prior to recent changes in the TELEPHONE CONSUMER PROTECTION ACT (TCPA) effective October 16, 2013 restricting the use of Auto Dialer technology, Pre-Recorded messaging, and calls or SMS text messaging to cellular phones without the express written consent of the consumer for the Broker to contact them by telephone. Aged Leads are not pre-scrubbed by the Wisdom Companies against any state of federal Do-Not Call registry listings.
Purchaser agrees to purchase the Leads described in the Purchase Agreement AS-IS, without any express or implied warranties from The Wisdom Companies, and with the aforementioned understanding that the Leads purchased are Aged leads that were NOT obtained under procedures intended to comply with the current requirements of the TELEPHONE CONSUMER PROTECTION ACT (TCPA) regulations as of October 16, 2013.
Purchaser understands that calling consumers based upon the contact information contained in the Aged Leads provided, through the use of Auto-Dialer technology of any kind, Prerecorded Messaging, or calls/text messaging to Cellular Phones, are at Purchaser’s sole risk. Purchaser assumes any and all liability as a result of their violating the TCPA regulations, and other state and federal privacy laws. Purchaser agrees to indemnify The Wisdom Companies against such liability resulting from Purchaser’s actions or inactions in violation of law as set forth in this Agreement.
8. Limitation of Liability. The Wisdom Companies is not an agent, joint venturer, partner, representative, employee or affiliate of Purchaser. As such, the parties recognize that The Wisdom Companies will not incur any liability as a result of purchaser’s actions or omissions.
9. Independent Contractor. The Wisdom Companies is offering and selling its services per this arm’s length Agreement as an independent contractor as defined under California law. As such, the parties recognize that The Wisdom Companies will not incur any liability as a result of Purchaser’s actions. The Wisdom Companies shall not exercise control over Purchaser. Further, in no event shall The Wisdom Companies or its officers, directors, employees and agents be liable, whether in contract, tort or otherwise, for any indirect incidental or consequential damages (including without limitation, lost sales or profit, lost data, or business interruption).
10. Non-disclosure. The parties agree that both terms and the nature of this Agreement, including without limitation the identity of the parties, shall remain confidential and shall not be disclosed to any third party under any circumstances unless required by a court of law.
11. All Sales Final. All sales are final and non-refundable except as expressly provided in Lead Guarantee and Replacement Policy specified on the Service Order. Leads may not arrive for up to one calendar week. Further, The Wisdom Companies does not have control if a Lead applicant has applied elsewhere.
12. Term & Termination
a. This Agreement shall become effective on the Effective Date and shall remain in force for a period of thirty (30) days unless otherwise terminated as provided herein. The Agreement shall then renew automatically for additional thirty (30) day terms until terminated by either party in accordance with Section 8(b) below.
b. Termination for Convenience. Purchaser may terminate this Agreement at any time, without penalty or costs, with or without cause upon (7) seven days prior written notice to Wisdom. Purchaser will be entitled to payment for Services accepted and received by Wisdom as of the date of termination.
c. Termination for Cause. Either Party may immediately terminate this Agreement or any upon written notice to the other Party if the other Party (a) commits a material breach of its obligations under this Agreement,; or (b) repeatedly commits a material breach of its obligations or commits numerous breaches of its obligations under this Agreement.
d. Termination for Non-Payment. Wisdom will have the option, but not the obligation, to terminate this Agreement upon written notice if purchaser fails to pay when due undisputed amounts owed to Wisdom under said Agreement.
13. Survival. The provisions of paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall survive the termination or expiration of this Agreement.
14. Invalidity. The invalidity or unenforceability or any one or more of the particular provisions of this Agreement, none of which are known to the parties, shall not affect the enforceability of the other provisions herein.
15. Assignment. This Agreement may not be assigned by the Purchaser without the express written consent of The Wisdom Companies.
16. Choice of Law and Venue. This Agreement is governed exclusively by California law including California choice of law principles applicable to contracts to be wholly performed in the State of California. Should any dispute arise from any performance obligations under this Agreement, the parties expressly agree that the dispute will be adjudicated exclusively in the Los Angeles Superior Court or the United States District Court for the Central District of California in Los Angeles, as applicable.
17. Attorneys’ Fees and Costs. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to its actual attorneys’ fees and costs.
18. Entire Agreement. The terms and conditions herein constitute the entire and only agreement between the parties hereto and supersedes all previous communications, representations, understandings and agreements, whether written or oral, between the parties. No amendment or modification of the terms and conditions contained herein shall be binding unless agreed upon in writing and signed by both parties.
19. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given at the time such communication is sent by registered or certified mail or recognized national overnight courier service, or delivered personally, to the following addresses (or at such other address for a party as shall be specified by like notice):
To The Wisdom Companies:
The Wisdom Companies, LLC
909 N. Sepulveda Blvd.
Suite 210
El Segundo, CA 90245