Terms of Service
Introduction
These Terms of Use (“Agreement”) govern your use of the Online Lead Exchange website and any associated marketing data and services provided by Online Lead Exchange (“Lead Exchange”). The marketing data and services are collectively referred to herein as the “Data.” By accessing or using the website, or by purchasing or using any Data, you agree to be legally bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.
If you do not agree with any of the terms herein, you must not access or use the website or services.
1. Modifications to Terms
Lead Exchange reserves the right to modify these Terms of Use at any time. Notice of material changes will be posted on the website. Continued use of the website following such changes constitutes your acceptance of the revised Terms of Use. It is your responsibility to review these terms periodically.
2. Limited License
Upon purchasing Data, you are granted a limited, non-exclusive, non-transferable license to use the Data for lawful business purposes, including direct marketing, market research, and customer prospecting, in accordance with this Agreement.
3. Use and Distribution of Data
Lead Exchange may continue to sell, transfer, or license the same Data to third parties. You may share, sell, or distribute the Data, provided such use complies with all applicable federal and Michigan laws, is ethical, and does not involve prohibited uses under the Fair Credit Reporting Act (FCRA), including but not limited to:
– Creditworthiness evaluation
– Insurance underwriting
– Employment screening
– Tenant screening
You must take reasonable steps to ensure that any third party with whom you share or transfer the Data does not misuse it.
4. Ownership
All content, code, and intellectual property on the website remain the exclusive property of Lead Exchange and are protected under U.S. copyright and trademark laws. You acquire no ownership rights through use or purchase. All trademarks, service marks, and logos are the property of Lead Exchange or its licensors.
5. Eligibility
You represent and warrant that you are at least 18 years of age and legally capable of entering into this Agreement under applicable law, including Michigan state law.
6. Privacy Policy
Your use of the website is subject to our Privacy Policy, which is incorporated by reference into these Terms of Use. The policy complies with Michigan’s Identity Theft Protection Act and other relevant data privacy laws.
7. Compliance with Law
You are solely responsible for ensuring compliance with all applicable laws, including but not limited to:
– Michigan’s Identity Theft Protection Act (Act 452 of 2004)
– Michigan Consumer Protection Act
– CAN-SPAM Act
– Telephone Consumer Protection Act (TCPA)
– Do Not Call Implementation Act
– Michigan Public Service Commission rules
You must ensure compliance with all federal and state Do-Not-Call (DNC) regulations. Certain Data may include contact information appearing on DNC registries. You agree to procure all relevant subscriptions and consult applicable regulations before use.
8. Prohibited Conduct
You agree not to:
– Use the website for illegal or unauthorized purposes
– Impersonate any person or entity
– Upload or transmit infringing, defamatory, obscene, or otherwise unlawful content
– Use the website to collect competitive market research
– Circumvent website security or misuse any software or data
– Use bots, crawlers, or automated tools for data scraping
– Violate intellectual property or privacy rights
9. Disclaimer of Warranties
THE WEBSITE AND DATA ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LEAD EXCHANGE DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LEAD EXCHANGE DOES NOT GUARANTEE THAT THE DATA IS FREE FROM ERRORS OR THAT IT HAS BEEN SCREENED AGAINST DO-NOT-CALL REGISTRIES.
10. Service Interruptions
You acknowledge that access to the website and Data may be interrupted due to routine maintenance, system upgrades, or events beyond our control. Such interruptions do not entitle you to refunds or damages.
11. Indemnification
You agree to indemnify and hold harmless Lead Exchange, its affiliates, officers, agents, and employees from and against any claims, damages, losses, or expenses (including legal fees) arising out of your use of the website or Data, your violation of this Agreement, or your infringement of any third-party rights.
12. Third-Party Websites
Lead Exchange is not responsible for content, terms, or privacy practices of third-party websites linked to or from our website. You access such sites at your own risk.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEAD EXCHANGE’S LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO LEAD EXCHANGE IN THE 30 DAYS PRIOR TO THE CLAIM. LEAD EXCHANGE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR DATA.
14. Purchases and Refunds
Lead Exchange reserves the right to refuse service or Data sales to individuals or entities with outstanding balances. All Data purchases are final and non-refundable unless otherwise stated in writing.
15. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan. Any disputes arising out of this Agreement shall be brought in the state or federal courts located in Kent County, Michigan. You consent to the jurisdiction and venue of these courts.
16. Waiver and Severability
Any failure by Lead Exchange to enforce any part of this Agreement shall not be deemed a waiver. If any provision is found invalid by a court, the remaining provisions shall remain in effect.
17. Contact Information
If you have any questions or concerns about these Terms of Use, please contact:
Online Lead Exchange
Email: leads@onlineleadexchange.com
Phone: (855) 926-9668
Mail: 4370 Chicago Dr. SW STE 118 Grandville, MI 49418