TERMS OF SALES AND SERVICE
Our goal at freshleadstore.com is to make Your purchasing experience easy and efficient. The following purchase policies are designed to ensure Your satisfaction and understanding of the purchase process on freshleadstore.com. If You have any questions about the information below, please Contact Us.
When using Your downloads for Business Leads, You will receive any of the following information contained in our data base: email, name, executive title, company name, address, city, state, zip, phone, primary 4 digit SIC, Naics code, description of company, employee size and sales volume.
When using Your downloads for Consumer Leads, You will receive any of the following information contained in our data base: email, first name, last name, address, city, state, zip code, gender dates and sourcing information.
Due to the nature of our product, You agree and acknowledge that We maintain a no-refund policy on all products and services offered. If You are dissatisfied with any product or service offered by Us, Your exclusive remedy is to discontinue use of the service without refund of any kind.
We accept several methods of payment to accommodate Your needs, including: American Express, Discover, MasterCard, Visa and company check for enterprise billing options.
You hereby authorize us to charge Your credit card for the Monthly Subscription Fee. Please note the Monthly Subscription Fee is subject to change at any time beginning with Your next Monthly Subscription payment. You will be notified in advance of any changes in Your Monthly Subscription Fee.
You may cancel your membership 48 hours (2 days) before your next monthly anniversary billing date only one way, and both parties agree that this is the only way that can be deemed valid by either part, or by any outside party: By e-mailing us at firstname.lastname@example.org and completing our contact form online. There are no exceptions to this policy. We may cancel your membership at any time for any reason or for no reason. The only way cancellation will be considered valid by either or any party, is if the cardholder can produce a valid time-stamp testable e-mail to email@example.com to prove cancellation and date of cancellation. In any dispute freshleadstore can call upon you to produce such an e-mail and, if you cannot provide one, you acknowledge that you view as invalid any cancellation claim on your part, and understand that we and all other parties are to treat the matter as such.
We hereby claim freshleadstore ™ and freshleadstore.com ™ to be trademarks of Our company.
You understand and agree that You will not Use Our website to post, email, upload or transmit any content that: is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; nor will it:
- Impersonate another person or post a photograph of another person as Your image; stalk or otherwise harass another; harm a minor in any way;
- promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site;
- Nor will You post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes;
- Nor will You promote an illegal or unauthorized copy of another person’s copyrighted work;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Nor will You use software that automatically creates user identities; intentionally or unintentionally violate any applicable local, state, national or international law;
- Nor will You post a review on a business You own, control or are employed by; post inaccurate or misleading information or pictures; or misrepresenting a product or service.
- You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. YOU AGREE, AND ACKNOWLEDGE THAT WE MAINTAIN A NO REFUND POLICY.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law, including but not limited to, the Can-Spam Act of 2003 or the FTC Telemarketing Sales Rules (TSR). Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, including but not limited to, Can-Spam violations or TSR rules, copyright infringement, trademark infringement, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or non performance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
You may not assign its rights or obligations under this Agreement without Our prior written consent.
INTENDED FOR USERS OVER 18
Our web site is intended for use by individuals 18 years of age or older only. If You are under the age of 18 please leave this site immediately.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting firstname.lastname@example.org prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws Kolkata, West Bengal, India, and the courts of general jurisdiction located within Kolkata, West Bengal, India, which will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.