Privacy Policy - Leads Xclusive

Leads Xclusive Privacy Policy

Last updated on June 30, 2022

This Privacy Policy discloses the privacy practices of Leads Xclusive’s List, Inc. d/b/a Leads Xclusive (“Leads Xclusive”) and the possible uses of the information that we gather via https://www.LeadsXclusive.com/, our mobile application(s), and via other submissions by you to Leads Xclusive (together, the "Site and Services"). By using the Site and Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information ("Personal Information" as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Site and Services, and in some instances, this may necessitate the revocation of your membership. Leads Xclusive may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site and Services and you are bound by such changes. Your use of the Site and Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.

This Privacy Policy applies to the entire Leads Xclusive family of products and services, such as our online services, our print publications, our call center services, and other Leads Xclusive products or services. This Privacy Policy is part of our Leads Xclusive Membership Agreement, Service Professional Agreement, Terms of Use, and all other terms of using our Site and Services.

Information Collected

Leads Xclusive collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. Leads Xclusive collects the following information:

Personal Information

"Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.

Session Data/ Visit Recording

By visiting the Leads Xclusive Site and Services, you are agreeing that all your actions taken while visiting the Site and Services may be recorded by Leads Xclusive andprovided to third parties and partners. These actions may include but are not limited to filling out web-forms and accepting terms and conditions and providing consent to be contacted

Cellular Phone Numbers

By providing a cellular telephone number to us, you expressly consent, and authorize us or a third party on our behalf, to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting Leads Xclusive, including by texting STOP.

Submission of Reviews, Ratings, and Comments

We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, ("User Generated Content"). Leads Xclusive may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once you have submitted User Generated Content, we reserve the right to publish it in any medium to others.

Aggregate Information

We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as 'cookies' and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.

Third Party Information

We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offersthat may be of interest, and for internal business analysis or other business purposes consistent with our mission.

Leads Xclusive may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.

We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services.

Ad Choices

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit https://www.aboutads.info/choices/, and https://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see https://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.

Other Tracking technologies

Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that 'serve up' webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called "tracer tags". These may also be referred to as "Pixels", "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.

Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Leads Xclusive and the Site do not recognize DNT.

Use of Information

The Information Leads Xclusive collects is used in a variety of ways, including:

for internal review;
to improve the Site and Services;
to optimize third-party offers of products and/or services;
to verify the legitmacy of reviews and ratings;
to notify you about updates to the Site and Services;
to let you know about products, services, and promotions that you may be interested in;
tp get reviews and ratings
for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers")
to fullfill and provide products and services, including personalized or enhanced services, requested by you; and
Internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent

Disclosures and Transfers of Information

We do not disable Personal Information to third parties, except when one or more of the following conditions is true:

We have your permission to make the disclosure;
The disclosure is necessary for the purpose for which the personal information was obtained
The disclosure is to the service provider from whom you purchased services through Leads Xclusive’s platform, including without limitation Big Deals, Storefronts, and project submissions;
The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
The disclosure is permitted by relevant law;
The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
The disclosure is for our own marketing purposes (including, without limitation, for Leads Xclusive to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
The party to whom the disclosure is made controls, is controlled by, or is under common control with Leads Xclusive;
The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Leads Xclusive Membership Agreement, even without a subpoena, warrant or court order; or
The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.

Prior to sharing of your Personal Information with others, agreements are made between Leads Xclusive and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Leads Xclusive becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.

We may provide certain Personal Information as a service to others for their marketing purposes. We may also disclose your name and address to Service Providers when you submit User Generated Content relating to those Service Providers. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.

We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.

Choice: Accessing Your Information and Opt-in/Opt-out Requests

To help you review, edit, and control how we use much of the information we collect about you, you can visit your "Manage My Accounts" webpage. On the "Manage My Accounts" webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You may also unsubscribe from our monthly digital magazine, which is a benefit that is included with your subscription. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.

You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an mail to [email protected] or by writing us at Help Desk, Leads Xclusive, LLC. d/b/a Leads Xclusive, 66 W. Flagler Street Miami, FL 33130 specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.

Data Security, Integrity, and Access

The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.

Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.

We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.

Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. Leads Xclusive may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your "Manage My Accounts" webpage.

Credit Card Information

We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.

Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.

Third Party Websites and Links

Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Leads Xclusive would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, Leads Xclusive expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

Our Site and Services may contain links to other sites operated by third parties. Leads Xclusive does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Leads Xclusive's inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Site and Services. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.

Children's Privacy

Leads Xclusive does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. Leads Xclusive relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.

We do not seek or knowingly collect any Personal Information about children under 18 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 18, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.

Governing Law; Visitors Residing Outside the United States

This Privacy Policy and the privacy practices of Leads Xclusive will be subject exclusively to the laws in which Leads Xclusive provides its services.

Your California Privacy Rights

This privacy policy describes how we may share your information for marketing purposes. It applies to all Leads Xclusive customers, including California residents:

We share information with others as more fully set forth above in Disclosures and Transfers of Information.
We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.

Your Nevada Privacy Rights

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.

You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.

How to Contact Us

All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:

Attn: Privacy Officer
Leads Xclusive. LLC., d/b/a Leads Xclusive
66 W. Flagler Street
Suite 900
Miami, FL. 33130
E-mail: [email protected]

We welcome your questions and comments.

Terms and Conditions

Last Updated on June 29, 2022

PLEASE READ THIS AGREEMENT BEFORE USING LEADS XCLUSIVE, LLC SERVICES. BY ACCESSING OR USING LEADS XCLUSIVE, LLC SOFTWARE OR SERVICES OFFERING, YOU (THE “CUSTOMER”) SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SOFTWARE OR SERVICES

1. AGREEMENT TO Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and LEADS XCLUSIVE LLC (“we,” “us” or “our”), concerning your access to and use of the ldxstage.wpengine.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

2. INTELLECTUAL PROPERTY RIGHT

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

All information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such information as necessary;
You have the legal capacity and you agree to comply with these Terms and Conditions;
You are not under the age of 18;
Not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.

5. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the person/entity being reviewed;
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
Your reviews should not contain references to illegal activity;
You should not be affiliated with competitors if posting negative reviews;
You should not make any conclusions as to the legality of conduct;
You may not post any false or misleading statements;
You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

6. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content outside of the provided ad content we have created, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content outside of the ads we have created.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

8. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from

any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

9. LINKS

LEADS XCLUSIVE, LLC MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES. LEADS XCLUSIVE, LLC IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY WEBSITES, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS FOR SUCH WEBSITES. LEADS XCLUSIVE, LLC SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY LIABILITIES THAT YOU MAY INCUR WITH ANY OF THESE THIRD-PARTY WEBSITES OR VENDORS. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR PURCHASE OF GOODS FROM A THIRD PARTY.

10. TERM; TERMINATION

The term hereof will commence on the start date in your signed agreement and continue in effect for the full duration of the signed agreement. Leads Xclusive, LLC may, in its sole discretion, terminate or suspend your access to all or part of the Services for any or no reason and with no prior notice to you. Upon termination of this Agreement for any reason, the License will likewise terminate and you shall immediately cease using the Services, including the Information. The provisions relating to Proprietary Information, Representations and Warranties, Indemnification, Disclaimers of Warranty, Limitation of Liability, Privacy, Modifications and Miscellaneous shall survive the expiration or termination of these Terms.

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms and Conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

13. Additional Information for Individuals from California

This section provides notice and specific information for California consumers to address the California Consumer Privacy Act ("CCPA").

We collect the following categories of personal information from you:

Contact information and other identifiers (for example, real name, address, email address, account name, or other similar identifiers);
User ID or device identifiers (for example, IP address or other similar identifiers);
Customer records (for example, customer records containing personal information, such as name, address, and telephone number);
Protected classifications (but only gender, age range, and ethnicity, which you choose to provide);
Purchase history and preferences (for example, records of products or services purchased or considered);
Usage data (for example, internet activity information, including browsing history and interactions with a website or advertisement);
Precise geolocation data (for example, latitude/longitude from a particular device, but only with your consent);
Audiovisual information (for example, visual, audio, or similar information, only if you choose to provide this information);
Work history (for example, professional information, if this information is provided).

We do not disclose your data in exchange for money except at your request or direction. For California residents, the CCPA defines "selling" personal information to include providing it to a third party in exchange for valuable services. We disclose information to certain third parties in exchange for valuable services, such as advertising services, which may constitute a "sale" under the CCPA. You may opt-out of this disclosure of your data for commercial purposes (please see our Privacy Policy). As provided in our Terms of Use, use of the Leads Xclusive, LLC Platform by anyone under 16 years of age is strictly prohibited. Consequently, we do not knowingly disclose information regarding individuals under 18 years of age to third parties in exchange for consideration.

In addition to the rights described above and in the Your Choices and Rights section, California consumers may also, up to twice every 12 months and subject to certain exceptions, request us to provide information about how we have used and shared your personal information in the prior 12 months. Please submit these requests for information, as well as requests to access or delete your information, by emailing us at [email protected].

Your authorized agent may submit a request to know, delete, or opt out on your behalf via this online support form or by emailing us at [email protected]. We may still require you to directly verify your identity and confirm that you have provided the authorized agent permission to submit the request. Whether you submit your request directly or through an authorized agent, generally, the only means Leads Xclusive, LLC has to verify your identity is for you: to respond to a specific Leads Xclusive, LLC email from the email address associated with your Leads Xclusive, LLC account; to click a confirmation or similar button in a specific Leads Xclusive, LLC email from the email address associated with your Leads Xclusive, LLC account; or to submit your request from your logged-in account.

Consistent with the CCPA, except to the extent reasonably related to the value of your personal information, we will not treat California consumers differently for exercising their rights under the CCPA.

14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

NOTIFICATIONS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

COUNTER NOTIFICATION

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
A statement that you will accept service of process from the party that filed the Notification or the party’s agent;
Your name, address, and telephone number;
A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
Your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

SOPHIA WILSON
66 W. Flagler Street
Suite 900
Miami, FL. 99130
[email protected]

15. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

17.GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

18.DISPUTE RESOLUTION

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Sheridan, Wyoming, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 2 years after the cause of action arose.

Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

19.BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Wyoming.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sheridan, Wyoming, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 2 years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Option 3: Binding Arbitration

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Wyoming. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sheridan, Wyoming, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 2 years after the cause of action arose.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Option 2/Option 3: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Option 2/Option 3: Exceptions To Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 2 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$200]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20.INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. We use reasonable and appropriate measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal information.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23.LINKS TO LEADS XCLUSIVE, LLC WEB PAGES

Leads Xclusive reserves the right to reject or terminate any links to the Site or any content contained therein.

24.WEB WIDGETS

We may make available through the Site certain web widgets that contractors or others may integrate into their online service. Some of these web widgets are publicly available and others are only available to contractors who are registered members of Leads Xclusive, LLC. If you place a widget on your online service on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms and by accepting these Terms, you are doing so on behalf of that entity.

By using our widgets, you do not acquire ownership of any rights in our widgets or the content that is accessed through our widgets. You give us a perpetual, irrevocable, worldwide, sub-licensable, royalty-free, and non-exclusive license to use content submitted, posted, or displayed to or from the widgets. If you provide feedback or suggestions about our widgets, then we may use such feedback without obligation to you. By using our widgets, we may use submitted information in accordance with our privacy policies.

By placing one of our widgets on your online service, you agree to comply with all applicable laws, including privacy laws, provide appropriate notice and obtain consent, where applicable, when collecting personal information from end users through our widgets. You will ensure that your privacy policies, notices, and applicable consent language make it clear that you may disclose to Owens Corning information you obtain through the widget, which we may receive from you automatically through the widget. You will also make it clear that when end users submit their personal information that they are intentionally submitting such information to you and to Owens Corning. You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the widgets to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Owens Corning, or its affiliates.

You will only place a widget on your online service by the means described by us. If the widget requires you to be logged into a registered account, you must use the registered account in relation to that widget and you will not misrepresent your identity. You will use commercially reasonable efforts to protect end user information collected through the widget from unauthorized access or use and will promptly report to your end users any unauthorized access or use of such information to the extent required by applicable law.

You agree to display any attribution(s) required by us as described in the documentation for the widget. We hereby grant to you a nontransferable, nonsublicenseable, nonexclusive license to promote or advertise that you use the widgets. You understand and agree that we have the sole discretion to determine whether your attribution(s) are in accordance with these Terms or are not objectionable by us. You will not make any statement regarding your use of an widget which suggests partnership with, sponsorship by, or endorsement by us without our prior written approval. You grant us all necessary rights to use your company or product name to promote our widgets or other products in relation to the widgets.

We may communicate with you information about our widgets, for example where you are a contractor with a registered account, that is confidential. This confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without our prior written consent. Confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

YOU AGREE THAT WE MAY MONITOR USE OF THE WIDGETS TO ENSURE QUALITY, IMPROVE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS.

You will not interfere with this monitoring. We may use any technical means to overcome such interference.

When using the widgets, you may not (or allow those acting on your behalf to):

Sublicense your access or use to the widget to a third party.
Create any technology that functions substantially the same as the widgets and offer it for use, including by third parties.
Perform an action that exposes us or end users any viruses, worms, defects, malware, or any destructive technology.
Defame, abuse, harass, stalk, threaten others, or any other inappropriate action.
Interfere with or disrupt the widgets or the widgets’ servers or networks.
Reverse engineer or attempt to extract the source code from any widget or any related software, except to the extent that this restriction is expressly prohibited by applicable law or where the code is provided to you by us.
Remove, obscure, or alter any of the preset language, links, notices, or other content provided by us through the widget.
Scrape, build databases, or otherwise create permanent copies of widget content.
In relation to widget content, copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party.
Misrepresent the source or ownership of the widget.
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

We may suspend access to the widgets by you without notice if we reasonably believe that you are in violation of these Terms. Upon any termination of the Terms or discontinuation of your access to a widget, you will immediately stop using the widget and cease all related promotions.

Unless prohibited by applicable law, if you place a widget on your online service or on behalf of a business, you, and that business, will defend and indemnify us, and our affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from your misuse or your end user's misuse of the widgets, your violation or your end user's violation of these Terms; or any content or data routed into or used with the widget by you, those acting on your behalf, or your end users.

WE PROVIDE THE WIDGETS “AS IS” AND DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE WIDGETS, COMMITMENTS ABOUT THE CONTENT, SPECIFIC FUNCTIONS, OR THE RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS FROM THE WIDGET. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

CALIFORNIA USERS AND RESIDENTS:
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254

MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

IF YOU DO NOT AGREE

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

LEADS XCLUSIVE LLC.
66 W. FLAGLER STREET
SUITE 900
Miami, FL. 33130
[email protected]

The Leads Xclusive Code of Conduct

Last updated on June 30, 2022

Leads Xclusive, LLC. d/b/a Leads Xclusive ("Leads Xclusive") is honored to connect home service professionals to complete home projects, and we strive to provide each with the best experience possible. To that end, we require that all pros uphold our core values:

Be respectful
Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.

Be fair
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price.

Be professional
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.

Be honest
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. Always be upfront if something isn’t going as agreed upon or planned.

Be reliable
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.

Be inclusive
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. Leads Xclusive adheres to a strict zero-tolerance discrimination policy.

Leads Xclusive reserves the right to remove all users who fail to follow this code of conduct from our site and platform.

Leads Xclusive’s Client’s User Agreement

Last updated on June 30, 2022

Leads Xclusive, LLC, d/b/a Leads Xclusive (“Leads Xclusive”) allows Client’s of Leads Xclusive (collectively, the “Client’s”) to provide reviews and ratings on a variety of service companies and health related providers (collectively, a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website (https://www.LeadsXclusive.com/) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Client’s User Agreement, which may be modified, amended or replaced by Leads Xclusive from time to time at Leads Xclusive sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of your relationship with Leads Xclusive beyond your use of the Website, as described herein.

In consideration of Leads Xclusive granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1.BUSINESS CENTER

By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Client’s including, without limitation, access to ”Business Center”, the ability to review Consumer Content pertaining to the Company, the ability to submit responses to Consumer Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by Leads Xclusive and such other services that Leads Xclusive may offer to Service Providers from time to time (collectively, the “Services”).

2.LIMITED LICENSE

By agreeing to the Terms and Conditions of this Agreement, Leads Xclusive grants the Company a limited license to access and use the Website and the Services.
Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of Leads Xclusive members or non-members) or Services for any commercial or other purpose, without the express written consent of Leads Xclusive.

3.CONSUMER AND SP CONTENT

Client’s may submit a review or report and other information (collectively, “Consumer Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to Leads Xclusive and the Website is to utilize the Services (as defined below) which are available online at the Website.

Leads Xclusive does not endorse and is not responsible or liable for any Consumer Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Leads Xclusive. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion of Leads Xclusive or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.

The Company acknowledges and understands that Leads Xclusive simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Consumer Content and SP Content. Leads Xclusive does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).

Under no circumstances will Leads Xclusive be liable in any way for any Consumer Content or SP Content including, but not limited to, any Consumer Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.

The Company hereby waives any claims, rights or actions that it may have against Leads Xclusive or any of its affiliates or subsidiaries with respect to any Consumer Content or SP Content and releases Leads Xclusive and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or SP Content.

The Company agrees to indemnify and hold Leads Xclusive and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Leads Xclusive with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by Leads Xclusive on its Website or to a third party.

The Company acknowledges and agrees that the Company can neither require Leads Xclusive to place the Company on its Website nor remove the Company or any Consumer Content from Leads Xclusive. The Company further acknowledges and understands that the Company is not a Consumer of Leads Xclusive, cannot refer to itself as a Consumer of Leads Xclusive, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer.

The Company and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to Leads Xclusive or reimbursing clients or customers for their Leads Xclusive membership cost. In addition, individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Consumer Content to Leads Xclusive on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Consumer Content on the Company or any company or person competitive to the Company or believes that Consumer Content was posted by an Affiliated Person that Leads Xclusive may immediately remove such Consumer Content without notice or recourse against Leads Xclusive.

SP Content shall not contain any unauthorized content which includes but is not limited to:

Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
Comments that do not address the Consumer Content or comments with no qualitative value as determined by Leads Xclusive in its sole discretion;
Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
Language that violates the standards of good taste or the standards of the Website, as determined by Leads Xclusive in its sole discretion;
Content determined by Leads Xclusive, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

The Company acknowledges and agrees that Leads Xclusive in its sole discretion may remove without notice any SP Content or any portion thereof that Leads Xclusive believes violates the foregoing.

Leads Xclusive may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.

Although Leads Xclusive does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company to Leads Xclusive, by providing SP Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to Leads Xclusive an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Leads Xclusive with SP Content, the Company automatically grants Leads Xclusive all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Leads Xclusive use of SP Content. Leads Xclusive is under no obligation to post or use any of SP Content or maintain SP Content. Leads Xclusive may remove SP Content at any time in Leads Xclusive sole discretion.

It is the Company’s sole responsibility to review and monitor any Consumer Content regarding the Company that is posted by Client’s and to submit responses it deems necessary to any Consumer Content. Leads Xclusive does not have any obligation to provide a notice or update to the Company with respect to any new information or Consumer Content that it learns of or receives about the Company from its Client’s.

The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.

The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Leads Xclusive, any Consumer Content, any Consumer profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Leads Xclusive. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.

The Company hereby represents and warrants to Leads Xclusive that (a) all information provided to Leads Xclusive by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to Leads Xclusive. Leads Xclusive is authorized by the Company to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Client’s.

To the extent a third party posts or submits any SP Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any SP Content or information posted or submitted by such third party.

The Company agrees unless expressly authorized by Leads Xclusive not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles, any SP profiles, or any other content from the Website or Leads Xclusive, including, without limitation, any reviews or ratings or any other content contained in any Consumer Content.

4.PRIVACY

The Company agrees to be bound by Leads Xclusive’s Privacy Policy, found here.

The Company acknowledges that the Website utilizes one or more website analytic services, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Leads Xclusive uses the information collected by these service providers to improve the usability and other features of the Website.

The Company acknowledges that Leads Xclusive will use the telephone numbers, email addresses and facsimile numbers that are submitted to Leads Xclusive in connection with registering with Leads Xclusive to contact the Company with information regarding Leads Xclusive. Leads Xclusive agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Leads Xclusive, Company agrees that Leads Xclusive may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that Leads Xclusive may market to me. Company acknowledges that this consent may be removed upon request.

5.INTELLECTUAL PROPERTY

Leads Xclusive reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Leads Xclusive’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.

The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Leads Xclusive to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Leads Xclusive the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Leads Xclusive’s damages for the specified breaches of this Agreement:

If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Leads Xclusive One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Leads Xclusive may (but is not required) issue the Company a warning before assessing damages.

If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Leads Xclusive members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.

If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Leads Xclusive members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Leads Xclusive, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Leads Xclusive to the extent such actual damages can be reasonably calculated.

Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

7.LIMITATIONS OF LIABILITY

THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT LEADS XCLUSIVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LEADS XCLUSIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY LEADS XCLUSIVE OR THE FAILURE OF LEADS XCLUSIVE TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CONSUMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.

TO THE EXTENT LEADS XCLUSIVE IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, LEADS XCLUSIVE’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

8. INDEMNIFICATION

The Company agrees to indemnify and hold Leads Xclusive and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Leads Xclusive.

9. MUTUAL ARBITRATION AGREEMENT

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Leads Xclusive, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Leads Xclusive may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Leads Xclusive. Leads Xclusive's address for such notices is: Leads Xclusive, Inc., d/b/a Leads Xclusive, Attn: Legal Department, 130 E. Washington St., Floridapolis, IN 46204.
Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Leads Xclusive agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Leads Xclusive will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
Excluded Disputes. You and Leads Xclusive agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Leads Xclusive agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
Severability. You and Leads Xclusive agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (either of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.

11. LIMITATIONS PERIOD

The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

12. MODIFICATION

Leads Xclusive may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Leads Xclusive will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.

13. DELAYS

The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Leads Xclusive is not responsible for any delays, failures or other damage resulting from such problems.

14. ASSIGNMENT

This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Leads Xclusive’s rights if Leads Xclusive fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and Leads Xclusive agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and Leads Xclusive as a result of this Agreement or use of the Services.

15. BINDING EFFECT

The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

16. PROVISIONS REMAINING IN EFFECT

In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 3, and Sections 5-11.

Leads Xclusive Do Not Sell Policy

Last updated on June 30, 2022

Leads Xclusive, LLC. d/b/a Leads Xclusive ("Leads Xclusive") does not knowingly “sell” personal information that we collect from you, in accordance with the definition of “sell” in the California Consumer Privacy Act ("CCPA"), and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third-party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your personal information as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs in our Privacy Policy. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising with the Digital Advertising Alliance or the Network Advertising Initiative. We do not represent that these third-party tools, programs or statements are complete or accurate.

Some browsers have signals that may be characterized as do-not-track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

Leads Xclusive Advertising Agreement

Last updated on June 30, 2022

Below sets forth the terms and conditions that govern the relationship between Leads Xclusive, LLC, d/b/a Leads Xclusive (“Leads Xclusive”) and Service Providers that advertise offers and/or deals on the Leads Xclusive platform (“Clients,” or “you”) to Leads Xclusive consumers ("Consumers"). This Agreement becomes effective when Leads Xclusive approves the Client’s advertising selections and activates the Agreement (not when Client submits its advertising selections).

1. ADVERTISING PROGRAM

By meeting certain eligibility requirements set forth herein and paying a fee (“Advertising Fee”), Client authorizes Leads Xclusive to offer, publish, and distribute to Consumers on its platform or the platforms of its affiliates: (a) a description of the services and/or products offered by Clients in home services categories paid for by the Client (“Designated Categories”); (b) in service areas paid for by the Client (“Designated Service Areas”).

These services and/or products shall be presented to Consumers in the form of offers that offer discounts, unless prohibited by law, which the Consumers may redeem directly with Clients ("Offers") and/or as prepackaged deals that can be claimed by Consumers on the Leads Xclusive platform and honored by the Client ("Deals"). An Client must spend at least $3,000 in annual Advertising Fees in order to offer Deals.

Clients may be designated as such on the Leads Xclusive platform, or its affiliates’ platforms, with a badge, icon, or other special designation, to be determined by Leads Xclusive (e.g., “Leads Xclusive Certified,” “Leads Xclusive Approved,” “Approved Business,” etc.).

CLients shall receive:

Placement Above Non-Clients in the Leads Xclusive Directory—When Consumers perform searches in the Leads Xclusive Directory, Clients’ profiles shall be sorted above non-clients’ profiles. This premier placement applies only when Consumers search in the Designated Service Areas and Designated Categories. (In other words, an Client will not necessarily be sorted above a non-client in a category or service area for which the Client does not pay.)
Placement Among Other Clients in the Leads Xclusive Directory—Among Clients, Leads Xclusive may change the way search results work in the Leads Xclusive Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Consumers, and how Consumers get to the Leads Xclusive Directory.
Appearance of Profiles Outside of the Leads Xclusive Directory—Leads Xclusive may display the profiles of Clients in various areas on the platforms of Leads Xclusive or any of its affiliates (e.g., where consumers submit service requests, on “leaf pages” outside of the Leads Xclusive platform, etc.).
Contacts, Leads, and Guidance—Part of the value of advertising with Leads Xclusive is that there are numerous ways a Consumer may come into contact with an Clients through Leads Xclusive. (“Contacts”). For example, a Consumer may call or send a message to an Client after finding the Client’s profile through Leads Xclusive Marketing.

Additionally, when Consumers submit requests for Marketing services through Leads Xclusive or its affiliates, Clients may receive the contact information and information about the requested services in the form of leads (“Leads”). Leads are another form of Contacts. Clients will be charged per Lead.

Contacts, including Leads, are not guaranteed jobs; Clients are competing with other companies for the consumers’ business. Leads Xclusive encourages all Clients to maintain a high rating, maintain a robust Leads Xclusive profile, reach out to consumers promptly, and always conduct themselves with the utmost professionalism in order to help increase the chances of being hired by consumers.

During the sales onboarding process, Clients may receive guidance about the number of Contacts they may receive during the first ninety (90) days of their advertising relationship with Leads Xclusive (“Guidance”). Guidance is an estimate only and is not guaranteed. Leads Xclusive calculates Guidance based on the past performance of other service professionals that advertise in similar areas, have similar ratings, and have a similar number of reviews. Contact volume is based on a number of factors, including without limitation ratings, review count, response time, and how well Service Professionals actively build and maintain their reputations. Contact volume can be impacted by factors outside of Leads Xclusive’s, or even the Clients’, control, including without limitation, seasonality and home improvement market trends.

Client expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not be considered a breach of this Agreement on the part of Leads Xclusive. Further, the Client expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not provide an exemption for payment of the Advertising Fee or, in the event Service Professional terminates the Agreement, exemption for payment of the Early Termination Fee (set forth under Section 12).

2.ELIGIBILITY

Client agrees that it must meet or exceed Leads Xclusive's qualifications in order to advertise. If, during the Term of the Agreement, Client ceases meeting any of these eligibility criteria and does not promptly cure such defect, Leads Xclusive may terminate this Agreement. Specifically, Client agrees that it must:

To the extent it has any consumer ratings, maintain at least a 3.0-star rating, as defined by Leads Xclusive.
Timely pay all invoices for Leads Xclusive services (i.e. no "past-due" balances).
Maintain all applicable state or local licensure for all services advertised.
Meet any other requirements Leads Xclusive determines are necessary for participation in the Advertising Programs.

Leads Xclusive reserves the right to modify any and all of these eligibility requirements without notice to Client.

3. PUBLICATION AND ACTIVATION OF OFFER OR DEAL

Offers—Offers shall be made visible to members who search in Designated Service Areas and using Designated Categories. A Consumer may present the Offer directly to Client. Leads Xclusive shall function only as the platform upon which Clients may offer offers to members. Leads Xclusive does not participate in any transaction between the Client and their customers, including but not limited to contracting and payment for any services provided.
Deals—Deals shall be published on the Clients website on the Client's profile page, upon Client's activation of such Deal on the Leads Xclusive platform. Leads Xclusive may place an icon on the Client's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Client. Leads Xclusive shall function only as the marketing agent upon which Clients may list Deals to Consumers. Leads Xclusive does not participate in any transaction between the Consumer and the Client, including but not limited to contracting and payment for any services provided.
Tracking Phone Numbers—Client agrees that, in order to better track the Contacts directed to Client by Leads Xclusive, Leads Xclusive may display a phone number on Client’s profile that is different than Client’s normal phone number. This tracking number will forward directly to the phone number Client provided Leads Xclusive.

4. CLIENT'S REPRESENTATIONS AND WARRANTIES

Client represents and warrants to Leads Xclusive that: (a) Client has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Offer or Deal; (b) Client is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Client is providing the Offer or Deal; (c) the Retail Rate as set forth in the terms of the Offer or Deal for the services or goods offered in connection with such Offer or Deal is accurate and correct in all respects as of the date the Offer or Deal is offered to the Consumers; (d) Client is registered for sales, use, and other tax collection purposes in all states which Client's goods and services will be provided under the terms of the Offer or Deal; (e) any and all discounts and services or products presented through the Offer or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.

5. AUTHORIZATION TO SHARE PERSONAL INFORMATION

By participating in the Marketing Program(s), Client expressly authorizes Leads Xclusive to share its personal information (including without limitation, the company’s name, address, licensing status, screening information, consumer reviews and rating, names and contact information of individuals affiliated with the company, and details regarding Client’s advertising relationship with Leads Xclusive) with Leads Xclusive’s affiliates.

6. BILLING FOR SERVICE PROFESSIONALS ON BOTH LEADS XCLUSIVE AND HOMEADVISOR NETWORKS

If you are a Client, you agree that you are receiving separate and valuable consideration from Leads Xclusive by way of Leads, and exposure to Consumers of all platforms. While there are some overlapping benefits for Clients on all networks, Leads Xclusive provide value in the marketing services they offer to you.

7. COMPLIANCE WITH GIFT CARD LAWS IN DEALS

In addition to, and not by way of limitation of, anything else contained herein, Client specifically represents and warrants to Leads Xclusive, and intends that Leads Xclusive rely, that the Deal, the terms of the Deal, and Client's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Client will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.

8. CLIENT'S OBLIGATIONS

Use your best efforts to provide the best quality services or goods.
Notify Leads Xclusive promptly in the event you cease to do business or change your name or location.
Provide Leads Xclusive with your trademark, logo, and other information (collectively, the "Marks") necessary to be used to create, distribute, and disseminate the promotion for the Offer or Deal to Consumers, and grant Leads Xclusive a limited, non-exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Offers or Deals, in any and all media or formats in which such Offers or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Offer or Deal.
Provide a valid offer, approved by Leads Xclusive.
Agree to honor the Offer or Deal claimed by any Consumer during all business hours and as required by applicable law.
Schedule the work described by a Deal according to your availability.
Return/answer Consumer communication through your Message Center within two (2) business days from the first notification that an offer has been claimed.
Participate in Leads Xclusive programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.
- Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request Leads Xclusive’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the Leads Xclusive Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and Leads Xclusive does not, at any time, become a party to your dispute with the member. Leads Xclusive is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, Leads Xclusive encourages you to consult with an attorney.
- FairClaims is a legally binding arbitration process that exists entirely outside of Leads Xclusive. When a Consumer requests that a dispute be resolved through FairClaims, Leads Xclusive would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). Leads Xclusive would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.

9. LEADS XCLUSIVE PAY

When a project has been completed, you may be offered the ability to make your payment directly to Leads Xclusive, via the Leads Xclusive mobile application (“Leads Xclusive”). Should you opt out of Leads Xclusive (by going to Settings in your App, clicking the Leads Xclusive and selecting Disable or Cancel Leads Xclusive) or fail to make your payment within this sixty-day period, we will be notified that the payment has been cancelled. Leads Xclusive will use all of its resources to exact payment.

By participating in Leads Xclusive and agreeing to the Agreement, you agree that you are accepting to pay Leads Xclusive. Leads Xclusive is authorized to store your bank account or debit card information for future payments, and that Leads Xclusive may deposit all future payments.

Leads Xclusive, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Leads Xclusive with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Leads Xclusive may ban you from using Leads Xclusive (and the Advertising Program) if we believe you are abusing Leads Xclusive. Leads Xclusive may also cancel a payment request made through Leads Xclusive if such request is improper in Leads Xclusive’s reasonable commercial discretion.

You acknowledge and agree that your payments made through Leads Xclusive are transactions between you and Leads Xclusive or any of its affiliates.

Leads Xclusive may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use Leads Xclusive to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Leads Xclusive to purchase any services or products that violate this Agreement, other policies or rules applicable to Leads Xclusive, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Leads Xclusive and/or this Agreement.

You agree to release Leads Xclusive, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Leads Xclusive Pay. You agree that you will not involve Leads Xclusive in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Leads Xclusive Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Leads Xclusive and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Sections 24-25. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.

You agree to provide Leads Xclusive accurate and complete information about you and your business, and you authorize Leads Xclusive to share it and transaction information related to your use of the payment processing services provided. You also authorize Leads Xclusive to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) that Leads Xclusive may use it to protect the integrity of your account.

While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Leads Xclusive or third parties, or any payments to consumers that Leads Xclusive makes, then Leads Xclusive may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Leads Xclusive or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.

10. BACKGROUND CHECK PROGRAM

AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize Leads Xclusive to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Leads Xclusive, at any time while you are an Client, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Leads Xclusive's evaluating its desire to enter into or continue a contractual business arrangement with you. Leads Xclusive will share this Personal Information only with third parties designated to carry out the background checks and with Leads Xclusive’s affiliates.
DISCLOSURE: Leads Xclusive hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Leads Xclusive, its affiliates, representatives, or agents. The undersigned hereby authorizes the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.

12. TERM, FEES, AND TERMINATION

Initial Term. The initial term of this Agreement shall be the longer of one (1) month following the Effective Date or, if Client is offering a Deal, the last date a Consumer redeems his or her Deal with Client ("Initial Term").
Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) month term ("Renewal Terms"). Client also agrees that, at the beginning of a Renewal Term, Leads Xclusive may increase the price of any Item or all Items up to 10% more than the price Client paid during the previous 1- month term for such Item(s). Client may prevent the Agreement from automatically renewing by providing written notice to Leads Xclusive at least 30 days before the beginning of a new Renewal Term.
Leads Xclusive Termination. Leads Xclusive may terminate this Agreement at any time and for any reason, including but not limited to, Client’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
Early Termination Fee. If Client cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Client agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Client fails to make any payments under this Agreement (including any early termination fees), Client shall pay any fees Leads Xclusive incurs in its collection efforts (including any third-party collection and legal fees).
Notwithstanding the foregoing, Sections 12-14, 16-19, 21, 24, and 25 will indefinitely survive any expiration or termination of this Agreement.

13. PREPAID AGREEMENT SPECIAL TERMS

IF CLIENT HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, CLIENT HAS RECEIVED CONSIDERATION FROM LEADS XCLUSIVE IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 12 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF CLIENT NOTIFIES LEADS XCLUSIVE IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, LEADS XCLUSIVE SHALL HONOR SUCH REQUEST; HOWEVER, CLIENT SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.

14.PAYMENT

Client agrees that, for the services rendered under this Agreement, Leads Xclusive may charge any credit card or other payment method Client has previously provided Leads Xclusive. If a charge or other payment method fails for any portion of the Agreement, Leads Xclusive may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Client pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Leads Xclusive may activate both types of advertising and continue to attempt to collect payment for the publication advertising.

15. WIRELESS NUMBERS AND AUTOMATIC DIALERS

Client acknowledges that Leads Xclusive will use the telephone numbers, email addresses or other contact information submitted by Client to Leads Xclusive to contact Client. Leads Xclusive agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Client’s consent. By providing a wireless phone number to Leads Xclusive, Client represents that the wireless phone number is a business phone number and agrees that Leads Xclusive may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre- recordings, and general telemarketing practices. Client agrees that these calls or text messages may be regarding the products and/or services that Client has previously purchased and products and/or services that Leads Xclusive or its affiliates may market. Client acknowledges that this consent may be revoked upon written request. Leads Xclusive's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Leads Xclusive and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising.

IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.

16. CONFIDENTIALITY

Client agrees that Leads Xclusive's member lists, Leads Xclusive's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Client and Leads Xclusive, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Offer or Deal, Client shall not disclose any Confidential Information without the prior written consent of Leads Xclusive. Client is strictly prohibited from selling any of Leads Xclusive's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Client may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.

17. INDEMNIFICATION; LIMITATION OF LIABILITY

'Client hereby agrees to indemnify, defend and hold harmless Leads Xclusive and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Client of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Offer or Deal or provision of or failure to perform services subject to a Offer or Deal, or otherwise; (iii) failure or refusal to honor any Offer or Deal, provide services, or sell goods subject to a Offer or Deal to a Consumer; (iv) any negligence or willful acts by such Client; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Offer or Deal.
N NO EVENT SHALL LEADS XCLUSIVE BE LIABLE TO CLIENT FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
Client understands that Leads Xclusive is not providing, and will not provide, any legal or tax advice.'

18. DISCLAIMER OF WARRANTIES

CLIENT UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, LEADS XCLUSIVE DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.

19. CLAIMS

Any claim which Client has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Leads Xclusive’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Client.

20. MARKETING MATERIALS; NO ENDORSEMENT

All marketing materials, documentation and information prepared by Client relating to an Offer or Deal must be approved by Leads Xclusive prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.

21. USE OF TRADEMARKS

Client hereby agrees that it shall not use, directly or indirectly, any of Leads Xclusive's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Leads Xclusive. No license or other rights in or to any Leads Xclusive intellectual property or logo are granted to Client under or implied by this Agreement.

22. ASSIGNMENT

Client may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Offer or Deal without the prior written consent of Leads Xclusive.

23. COUNTERPARTS; FACSIMILE SIGNATURE

This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.

24. MUTUAL ARBITRATION AGREEMENT

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Leads Xclusive, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Leads Xclusive may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Leads Xclusive. Leads Xclusive's address for such notices is: Leads Xclusive, LLC. d/b/a Leads Xclusive, Attn: Legal Department, 66 W. Flagler Street Suite 900, Miami, FL. 33130
Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Leads Xclusive agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Leads Xclusive will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
Excluded Disputes. You and Leads Xclusive agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, you and Leads Xclusive agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
Severability. You and Leads Xclusive agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

25. GOVERNING LAW

26. WAIVER

Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.

27. ENTIRE AGREEMENT

This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Client agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Client further agrees that historical data provided during discussions about the Advertising Program is intended to provide historical context and not to guarantee future performance.

28. BINDING EFFECT

This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Leads Xclusive and Client and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.

Leads Xclusive Project Advisor, Fixed Price Services, and Project Submission Customer Agreement

Effective June30, 2022

Leads Xclusive Project Advisor, Fixed Price Services, and Project Submission Customer Agreement is as follows:

1. ACCEPTANCE OF THIS AGREEMENT

Your access to, use of, or participation in this Leads Xclusive Projects Submission Program (as defined below) is subject to this Leads Xclusive Projects Submission Customer Agreement (“Agreement”) and all applicable Leads Xclusive regulations, guidelines, and agreements. This Agreement and the Leads Xclusive Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Leads Xclusive’s LLC, d/b/a Leads Xclusive ("Leads Xclusive").

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.

This Agreement shall be effective on the date accepted by you. Leads Xclusive reserves the right to immediately terminate this Agreement for any reason at any time.

2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY

Leads Xclusive reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Leads Xclusive will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.

You agree to be bound by Leads Xclusive’s Privacy Policy.

3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM

The Projects Submission Program is intended to provide a quick and easy way for Leads Xclusive members or non-member visiting Leads Xclusive's website, mobile application, or other Leads Xclusive tools or platform (“Customers”) to find an exclusive leads provider.

4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT

Upon using Leads Xclusive, you will be prompted to disclose certain information about yourself and your services, and you will be able to store information, such as home services records, on our website or apps. By providing this information to us, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Leads Xclusive to send you an automated prerecorded call regarding your service request, along with calls from Leads Xclusive that can help you with your request to the land-line or mobile phone number you provided, and you understand that Leads Xclusive may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Leads Xclusive and thus agree to be contacted by Leads Xclusive. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Leads Xclusive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Leads Xclusive has the right to refuse any current or future use of the Program (or any portion thereof) or any other Leads Xclusive services by you. You are responsible for any use of the Program or any other Leads Xclusive services by persons to whom you intentionally or negligently allow access to your password.

5. YOUR CONDUCT

In connection with your participation in the Program and use of the Platform, you represent and warrant that you:

Are above the age of eighteen (18);
Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
Will not submit any Projects or content that may be considered by Leads Xclusive to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
Will not submit Projects or content that comment on other service providers or Customers;
Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Leads Xclusive, or otherwise attempt to mislead others as to your identity;
Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
Will not take any action that would undermine the Program or Platform;
Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
Will not use the Platform in any way that could interfere with the rights of Leads Xclusive or the rights of other users of the Platform;
Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Leads Xclusive in connection with the Program;
Agree not to re-sell or assign your rights or obligations under this Agreement;
Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Leads Xclusive, which consent may be withheld by Leads Xclusive in our discretion;
Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
Agree not to create an account or use Leads Xclusive services if your account previously has been terminated by Leads Xclusive or if you previously have been banned from using the services.

The content that you provide does not reflect the views of Leads Xclusive, its officers, managers, owners, employees, agents, designees or other users. In addition, Leads Xclusive retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Leads Xclusive may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Leads Xclusive may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

6. LEADS XCLUSIVE IS NOT A GENERAL CONTRACTOR

Leads Xclusive is not the General Contractor, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and your customer (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Leads Xclusive is not a general contractor. Leads Xclusive is merely operating the Program and Platform that help you with Marketing.

7. PUBLICATION AND DISTRIBUTION OF CONTENT

Leads Xclusive does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Leads Xclusive simply acts as a passive conduit and an interactive marketing service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Leads Xclusive does not control, and is not responsible for content available through your Platforms, and that by using your Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.

You further acknowledge that Leads Xclusive has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Leads Xclusive reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Leads Xclusive be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Leads Xclusive relating to your content or the content or a service provider or other third party, and release Leads Xclusive from any and all liability for or relating to any such content.

8. SERVICE PROVIDERS

The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.

Leads Xclusive does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Leads Xclusive is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Leads Xclusive. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.

You agree that Leads Xclusive is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Leads Xclusive relating to any interactions or dealings with any service provider, and release Leads Xclusive from any and all liability for or relating to any interactions or dealings with service providers.

Leads Xclusive may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, LEADS XCLUSIVE DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).

9. LEADS XCLUSIVE PAY

By using Leads Xclusive even where you were not previously an Leads Xclusive member, you are agreeing to Leads Xclusive’s terms and conditions.

By participating in Leads Xclusive services and agreeing to the Leads Xclusive Terms, you agree that Leads Xclusive is authorized to charge your method of payment for the amount selected by you in the App, and to for Leads Xclusive’s payment processor, to store such credit card information in case of future payments. Leads Xclusive will have sixty (60) days after you submit your payment to collect the payment. Should you opt out of Leads Xclusive at any time you will be liable for all remaining balances.

You authorize Leads Xclusive to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Leads Xclusive, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Leads Xclusive’s services with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Leads Xclusive are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.

You acknowledge and agree that your payments through Leads Xclusive are transactions between you and Leads Xclusive or any of its affiliates. Leads Xclusive is not a party to your payments unless expressly designated as such on the Leads Xclusive website. You also agree that Leads Xclusive may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Leads Xclusive. Leads Xclusive may reflect these changes to your stored payment information to prevent payment failure or service termination.

You also agree that a Service Professional, and Leads Xclusive acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through Leads Xclusive Pay is declined or returned by the payment network.

Leads Xclusive may not be used to process a payment, or otherwise transfer money between you and another Service Professional, that is unrelated to your purchase of services from Leads Xclusive. You may not use Leads Xclusive to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Leads Xclusive to purchase any services or products that violate these Terms, other policies or rules applicable to Leads Xclusive, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Leads Xclusive and/or your Leads Xclusive account.

Except as set forth in these Terms, all payments processed are non-refundable to you by Leads Xclusive and are non-reversible by you through Leads Xclusive. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.

You agree to release Leads Xclusive, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Leads Xclusive. You agree that you will not involve Leads Xclusive in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Leads Xclusive. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Leads Xclusive and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 20. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

As a condition of participating in Leads Xclusive services, you agree to provide Leads Xclusive accurate and complete information about you, and you authorize Leads Xclusive to share it and transaction information related to your use of the payment processing services.

10. LEADS XCLUSIVE KEY MEMBERSHIP (Not Yet Available)

BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Leads Xclusive Membership(s), you will be billed immediately for your initial Leads Xclusive Membership subscription period. BY ENROLLING IN LEADS XCLUSIVE MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH LEADS XCLUSIVE MEMBERSHIP, YOU AUTHORIZE LEADS XCLUSIVE TO CHARGE YOU FOR YOUR INITIAL LEADS XCLUSIVE MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR LEADS XCLUSIVE KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE LEADS XCLUSIVE KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR LEADS XCLUSIVE MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR LEADS XCLUSIVE MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE LEADS XCLUSIVE (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Cancellation Fees: The cancellation and rescheduling of any Marketing services while you are enrolled in the Leads Xclusive Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
Declination of Payment: If an eligible payment method Leads Xclusive has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Leads Xclusive Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Leads Xclusive Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN LEADS XCLUSIVE KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR LEADS XCLUSIVE MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT LEADS XCLUSIVE MEMBERSHIP RENEWAL DATE. You may cancel your Leads Xclusive Membership by contacting Leads Xclusive at or by mailing a notice of cancellation to Leads Xclusive, LLC. Attn.: Cancelations, 66 W. Flagler Street, SUITE 900, Miami, FL. 33130. Following cancellation of your Leads Xclusive Membership you will continue to have access to your Leads Xclusive Membership through the end of your current paid Leads Xclusive Membership period. Should you cancel your Leads Xclusive Membership, Leads Xclusive reserves the right to cancel any Marketing services appointments scheduled outside the current paid Leads Xclusive Membership period.

11. LEADS XCLUSIVE OFFERS AND DISCOUNTS

Promotional offers are only eligible for the specific services designated by Leads Xclusive. Promotions are valid for a limited time only and expires on the date indicated when you receive the applicable promotions. Failure to use promotions before such expiration date will result in the forfeiture of the promotion. Leads Xclusive reserves the right to cancel promotions at any time. No refunds will be granted for any expired or canceled promotions.
Leads Xclusive promotions have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Leads Xclusive. Promotions may not be purchased for cash and Leads Xclusive does not sell promotional coupons. Promotions are nonrefundable.
Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
Your Leads Xclusive account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Leads Xclusive account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.

No other discount, promotion, coupon or offer of the Marketing Services, displayed by, promoted by, offered by, or obtained through, Leads Xclusive, may be used in connection with a Marketing Request. Any discount, promotion, coupon or offer made by a Third Party Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.

12. MINIMUM AGE

If you are under the age of eighteen (18), you are prohibited from participating in the Program.

13. LIMITED LICENSE

By agreeing to this Agreement, Leads Xclusive grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Leads Xclusive.

14. MODIFICATION, LIMITATION, AND DISCONTINUANCE

Leads Xclusive reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Leads Xclusive will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Leads Xclusive may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.

15. DELAYS

Leads Xclusive is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.

16. FEEDBACK

Leads Xclusive appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Leads Xclusive product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.

Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Leads Xclusive. In addition, none of the Submissions will be subject to any obligations of confidentiality and Leads Xclusive will not be liable for any future use or disclosure of such Submissions.

17. COPYRIGHT MATERIALS

You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Leads Xclusive or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.

18. WARRANTY DISCLAIMER

You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT LEADS XCLUSIVE ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. LEADS XCLUSIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR LEADS XCLUSIVE COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEADS XCLUSIVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LEADS XCLUSIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

TO THE EXTENT LEADS XCLUSIVE IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, LEADS XCLUSIVE’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LEADS XCLUSIVE CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO LEADS XCLUSIVE THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR LEADS XCLUSIVE, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY LEADS XCLUSIVE. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY LEADS XCLUSIVE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT LEADS XCLUSIVE SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

20. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Leads Xclusive, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Leads Xclusive will have sole control of the defense of any such damage or claim.

21. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Leads Xclusive to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Leads Xclusive’s damages for the specified breaches of this Agreement.
If you post content in violation of this Agreement, you agree to promptly pay Leads Xclusive Two Thousand Dollars ($2,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay Two Thousand Dollars ($2,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay Five Hundred Dollars ($500) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Leads Xclusive, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

22.NOTICE

You agree that Leads Xclusive may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Leads Xclusive will be provided by either sending a letter, first class certified mail, to Leads Xclusive’s LLC d/b/a Leads Xclusive, 66 W. Flagler Street Suite 900, Miami FL. 33130 Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Leads Xclusive will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Claims”). Our Claims Agent is: Leads Xclusive, LLC d/b/a Leads Xclusive, 66 W. Flagler Street, Suite 900 Miami, FL. 33130 Attn: Claims Agent, or email to Email: [email protected].

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Leads Xclusive will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

23. MUTUAL ARBITRATION AGREEMENT

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Leads Xclusive, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Leads Xclusive may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Leads Xclusive. Leads Xclusive's address for such notices is: Leads Xclusive, LLC, d/b/a Leads Xclusive, Attn: Legal Department, 66 W. Flagler Street Suite 900, Miami, FL. 33130
Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Leads Xclusive agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
Excluded Disputes. You and Leads Xclusive agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, you and Leads Xclusive agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
Severability. You and Leads Xclusive agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

24. GOVERNING LAW

25. LIMITATIONS PERIOD

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

26. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Leads Xclusive, LLC d/b/a Leads Xclusive, 66 W. Flagler Street Suite 900, Miami, FL. 33130. If you have any questions, concerns, or complaints regarding the Services, please contact Leads Xclusive, Inc. by (i) sending a letter, first class certified mail, to Leads Xclusive, LLC, d/b/a Leads Xclusive, 66 W. Flagler Street Suite 900, Miami, FL. Attn: Customer Care.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

27. ASSIGNMENT

You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Leads Xclusive.

28. WAIVER

Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.

29. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

30. ENTIRE AGREEMENT

This Agreement along with the Leads Xclusive Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Leads Xclusive governs your use of the Program and Program and constitutes the entire agreement between you and Leads Xclusive with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Leads Xclusive regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Leads Xclusive under this Agreement.

31. BINDING EFFECT

This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Leads Xclusive and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

32. PROVISIONS REMAINING IN EFFECT

In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.

Leads Xclusive Mobile Alerts Terms and Conditions

Last updated on June 30, 2022

This agreement governs text messages from Leads Xclusive, LLC. d/b/a Leads Xclusive ("Leads Xclusive"). Message and data rates may apply. Messaging frequency varies. By opting into this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. By signing up, you are confirming you are over the age of 18.

Program Description

Mobile number 264437: Transactional messages such as message reminders, project requests, review verification.
Mobile number 51781: Transactional messages such as notifications for service professionals accepting projects or awaiting message response.
Mobile number 48707: Marketing messages such as coupons, offers, seasonal weather reminders, tips, and promotional content related to Leads Xclusive services.
Mobile number 23268: Marketing messages such as member offers, limited time offers for prospects, product launch announcements

Sign-up Information

Text HOME to 48707, to receive text messages from Leads Xclusive.
Text messages to 264437 to receive text messages from Leads Xclusive.

STOP Information

Text STOP to 23268, 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Leads Xclusive (you will receive a confirmation text).

HELP Information

For additional information, text HELP to 48707, 51781, or 264437 or call (888) 811-LEADS XCLUSIVE.

Supported Carriers

AT&T, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.

We take your privacy seriously.

Leads Xclusive California Privacy Policy

Last updated on June 30, 2022

This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).

Leads Xclusive, LLC. d/b/a Leads Xclusive ("Leads Xclusive") collects and shares the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.

Category of Personal Information	Sources of Personal Information	Purposes for Collection	Catgories of Third Parties with whom Personal Information is shared	Purposes of Third Parties Receiving PI
1. identifiers (e.g. Name, PhoneNumber, Email Address, I.P Address, Account Name)	Directly from you; authentication partners; Payment Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive’s services; security; fraud prevention; marketing; debugging	Leads Xclusive affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”)	Performing services on behalf of Leads Xclusive; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive’s services; security; fraud prevention; marketing; debugging
2. Personal Records (e.g. Name, Phone Number, Email Address)	Directly from you; authentication partners; Payment Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive's services; security; fraud prevention; marketing; debugging	Leads Xclusive affiliates; Service Professionals; Vendors	Performing services on behalf of Leads Xclusive; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive's services; security; fraud prevention; marketing; debugging
3. Consumer Characteristics	Data Enrichment Tools	Delivering services requested by you; marketing	Vendors	Delivering services requested by you; marketing
4. Customer Account Details/ Commercial Information (e.g. details of service requests)	Directly from you; Data Enrichment Tools; Payment Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive's services; security; fraud prevention; marketing; debugging	Leads Xclusive affiliates; Service Professionals; Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive's services; security; fraud prevention; marketing; debugging
5. Internet Usage Information (e.g. information regarding your interaction with our services)	Directly from you; analytics partners; advertising partners	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy	Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive's services; security; fraud prevention; marketing; debugging
6. Sensory Data (e.g. recordings of customer service calls)	Directly from you	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Leads Xclusive services; security; fraud prevention	Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention
7. Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services)	Data Management providers; advertising partners; internal systems	Delivering services requested by you; Measuring advertising efficacy; marketing; improving Leads Xclusive's services	Vendors	Performing services on behalf of Leads Xclusive; processing and managing interactions and transactions; quality assurance; improving Leads Xclusive services; security; fraud prevention; marketing; debugging

In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.

We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in Leads Xclusive's Privacy Policy under the heading Ad Choices. We do not represent that these third-party tools, programs or statements are complete or accurate.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.

Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.

To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with Leads Xclusive to [email protected].

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with Leads Xclusive to [email protected]

The categories of PI we have collected about you
The categories of sources from which we collected your PI.
The business or commercial purposes for our collecting or selling your PI.
The categories of third parties to whom we have shared your PI.
The specific pieces of PI we have collected about you.
A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with Leads Xclusive) to [email protected].

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.