KeyLeadsOnline.com
offers you, the "User," services that are conditioned on your
acceptance of the terms contained in this agreement and your acceptance
of these terms without modification, conditions, and notices. Your use
of KeyLeadsOnline.com services constitutes your agreement to all such
terms, conditions, and notices.
KeyLeadsOnline.com reserves the right to modify in its sole discretion
this agreement and or the KeyLeadsOnline.com web site without providing
notification. You are responsible for regularly reviewing the Agreement.
Please
do not visit or use any of the KeyLeadsOnline.com web sites or any page
that is part of the KeyLeadsOnline.com web site if you do not wish to
be bound by these terms of use.
KeyLeadsOnline.com
has taken reasonable and appropriate measures to deliver and disclose
your personal information only in accordance with your instructions, but
cannot and does not guarantee that others will not intercept your personal
information you provide. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the KeyLeadsOnline.com web site.
You
agree to provide true, complete and accurate information on your registration
including credit card and other information. You also agree to refrain
from impersonating or falsely representing your affiliation with any person
or entity.
-KeyLeadsOnline.com
does not guarantee performance for any marketing campaign.
-KeyLeadsOnline.com does not endorse or recommend products of any particular
client.
-KeyLeadsOnline.com does not endorse or recommend consumers or their decisions.
-KeyLeadsOnline.com is not an agent of you, the User, or any participating
Lender or mortgage professional or any consumer.
KeyLeadsOnline.com
services are administrative only. You should decide for yourself which
marketing campaigns are best suited for you and which information to share
with consumers you meet from the marketing initiatives. You agree that
you are solely responsible for selecting and paying for any product or
services you decide to launch. You also agree that KeyLeadsOnline.com
shall not be liable for any damages or costs of any type arising out of
or in any way connected with your use of such services.
Lenders
and mortgage professionals can offer their products to consumers as per
licensing requirements by state. KeyLeadsOnline.com does not guarantee
interest of or acceptance by the consumer into any loan program offered
by lenders and mortgage professionals. Lenders and mortgage professionals
establish and maintain loan approval standards.
Lenders
and mortgage professionals understand that KeyLeadsOnline.com or any related
material contained herein shall not constitute an offer or promise specific
results from any marketing campaign nor a loan commitment or interest
by any consumer. Mortgage professionals and lenders pay KeyLeadsOnline.com
for the goods, facilities and services provided. Your use of KeyLeadsOnline.com
services constitutes your agreement with this compensation arrangement.
Payment
for any product and/or service constitutes your agreement with the terms
and conditions found in your account.
Disclaimers
and limitations
KeyLeadsOnline.com intends to have accurate and reliable information contained
in its web site; however, errors may occur. In addition, KeyLeadsOnline.com
may change and improve the information provided herein at any time. The
web site and the information, products and services are “As Is.”
KeyLeadsOnline.com disclaims any warranty of any kind, whether expressed
or implied, as to any matter whatsoever relating to the web site and any
information, products, and services provided herein, including without
limitation the implied warranties of merchantability, fitness for a particular
purpose, title, and non-infringement use of KeyLeadsOnline.com’s
services at your own risk. Use of KeyLeadsOnline.com’s services
is at your own risk. KeyLeadsOnline.com is not liable for any direct,
indirect, punitive, incidental, special or consequential damages or other
injury arising out of or in any way connected with the use of KeyLeadsOnline.com’s
services or with the delay or inability to use the web site or for any
information products or services obtained from the use of the web site,
whether resulting in whole or in part, from breach of contract, tortuous
behavior, negligence, strict liability or otherwise, even if KeyLeadsOnline.com
and/or its suppliers had been advised of the possibility of damages. Some
jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
Indemnity
As a condition of use of this web site, you agree to indemnify KeyLeadsOnline.com
and its suppliers, affiliates, executives, employees, participating Lenders,
or other related marketing and mortgage professionals from any and all
liabilities, expenses (including attorneys' fees) and damages arising
out of claims resulting from your use of KeyLeadsOnline.com’s services,
including without limitation any claims alleging facts that if true would
constitute a breach by you of this agreement.
Errors
and delays
KeyLeadsOnline.com is not responsible for any errors or delays in responding
to a qualification form or referral form caused by an incorrect e-mail
address provided by you or other technical problems beyond our reasonable
control.
Dispute
resolution
Any claim or controversy arising out of or relating to the use of KeyLeadsOnline.com’s
services, to the goods or services provided by KeyLeadsOnline.com, or
to any acts or omissions for which you may contend KeyLeadsOnline.com
is liable, including but not limited to any claim or controversy as to
arbitrability ("Dispute"), shall be finally, and exclusively,
settled by an arbitration venue in Miami Dade County, Florida. The arbitration
shall be held before one arbitrator under the commercial arbitration rules
of the American Arbitration Association ("AAA") in force at
that time. The arbitrator shall be selected pursuant to the AAA rules.
Should no AAA rule regarding the selection of an arbitrator be in effect,
the consumer shall select an arbitrator from a panel of arbitrators acceptable
to KeyLeadsOnline.com. In any arbitration, KeyLeadsOnline.com will pay
the filing fee, plus the costs associated with the first day of arbitration,
with the remaining costs of arbitration paid by the non-prevailing party.
To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered
in any court of competent jurisdiction in Miami Dade County, Florida.
The arbitrators shall not have the power to award damages in connection
with any Dispute in excess of actual compensatory damages and shall not
multiply actual damages or award consequential, punitive or exemplary
damages, and each party irrevocably waives any claim thereto. The agreement
to arbitrate shall not be construed as an agreement to the joinder or
consolidation of an arbitration under this agreement with an arbitration
of disputes or claims of any non-party, regardless of the nature of the
issues or disputes involved.
THIS
AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND KeyLeadsOnline.com
WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO
GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT
TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED
BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
You
are entitled to a fair hearing, but the arbitration procedures are simpler
and more limited than rules applicable in court. Arbitrator decisions
are enforceable as any court order and are subject to very limited review
by a court. By using KeyLeadsOnline.com’s goods and services you
consent to these restrictions. Should a Dispute arise and should the arbitration
provisions herein become inapplicable or unenforceable, or in any instance
of any lawsuit between you and KeyLeadsOnline.com, the parties agree that
jurisdiction over and venue of any suit shall be exclusively in the state
and federal courts sitting in Miami Dade County, Florida. If either party
employs attorneys to enforce any right in connection with any Dispute
or lawsuit the prevailing party shall be entitled to recover reasonable
attorneys' fees.
Other
terms
This Agreement constitutes the entire agreement between you and KeyLeadsOnline.com
and it supersedes all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic, between you and KeyLeadsOnline.com
with respect to the web site and information, products and services associated
with it. This Agreement shall be subject to and construed in accordance
with the laws of the State of Florida, excluding its conflict of laws
principles. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid enforceable provision that most closely matches the intent
of the original provision, and the remainder of the agreement shall continue
in effect. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form. All rights not expressly granted
herein are reserved.