iLeads.com, LLC. provides LeadExchange® subject to the terms and conditions listed below. If you do not agree to the following conditions, then do not register or attempt to use LeadExchange®. LeadExchange®, operated by iLeads.com, LLC., is an Internet world wide web server offering computerized information exchange and transactional services to a wide array of participants and potential participants in the insurance, mortgage and lead generation industry. Access to LeadExchange® is available to authorized user’s subject to the terms and conditions as described in this Agreement.

On-line Conduct.

User shall not engage in any conduct that restricts or inhibits any other User from using or enjoying LeadExchange®. User agrees to use LeadExchange® only for lawful purposes. User shall not post on or transmit through LeadExchange® any unlawful, defamatory, libelous, vulgar, obscene, abusive, harassing, harmful, threatening, or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. User acknowledges that LeadExchange® offers an unparalleled opportunity for communication and information sharing among a wide variety of participants in the leads industry, including competitors in the market for various mortgage and insurance products and related services. User shall be solely responsible for ensuring that User’s Account shall not be used in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. User covenants and agrees to defend, indemnify and hold harmless iLeads.com, LLC. and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to any breach of any of the foregoing provisions of this agreement involving use of User’s Account. If you choose to participate in or use any of the marketing services available on LeadExchange®, you must always use your real name, and you will remain solely responsible for the materials created and the content of your messages posted on LeadExchange®.

No Warranties/Limitation of Liability.

LeadExchange® is provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

Under no circumstances, and under no legal theory, whether in tort, contract or otherwise, shall iLeads.com, LLC., any of its subsidiaries, affiliates, parent companies, suppliers or independent contractors, or any of their directors, officers, employees, or agents, or anyone else involved in developing or distributing LeadExchange® (all of the foregoing are hereinafter collectively referred to as the “iLeads.com, LLC. parties”), be liable for any economic harm resulting in any way from the use of, or inability to use, LeadExchange®, including, without limitation, any economic harm resulting from reliance on any network content or resulting from any interruptions, work stoppages, computer failures, communication failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind. In no event shall the total liability of the iLeads.com, LLC. parties, either jointly or severally, exceed the total amount paid by user to iLeads.com, LLC. for access fees and other charges in connection with user’s access to and use of LeadExchange® within the last six calendar months.

iLeads.com, LLC.’s Distribution of Network Content.
Similar to newsstands, libraries and bookstores, iLeads.com, LLC. does not exercise editorial control over network content provided, uploaded, published or distributed by users and other participants in LeadExchange®. In other words, iLeads.com, LLC. is merely a distributor, not a publisher, of such network content. such network content contains the views, opinions, statements, offers, and other material of the respective users, participants or authors. iLeads.com, LLC. does not endorse, is not responsible for, and makes no representations or warranties regarding, such network content or its accuracy, merchant ability or fitness for any particular purpose, and iLeads.com, LLC. shall not be liable for any economic harm resulting from or in connection with reliance on any such network content. In addition, iLeads.com, LLC. shall not be a party to, or liable in any way for any Economic Harm associated with, any transaction between User and any other User or participant in LeadExchange®. Any products or services offered or sold on or through LeadExchange® by any person other than iLeads.com, LLC. are offered or sold subject to terms and conditions solely between User and such other person.

Each User is responsible for all activities and charges in connection with use of User’s Account by any person or entity, and for ensuring full compliance with this Agreement by all users of User’s Account. User shall take all reasonable steps necessary to inform any and all of User’s employees, officers, or agents who access and/or use LeadExchange® of the terms and conditions governing such access and/or use. User’s Account with LeadExchange® may not be transferred without prior written approval from iLeads.com, LLC. and is subject to any limits established by iLeads.com, LLC..

User shall take all reasonable precautions to ensure the confidentiality of the [password/User ID/Access Code] assigned by iLeads.com, LLC. to User for access to LeadExchange®. User is responsible for maintaining the confidentiality of User’s [password/User ID/Access Code] and shall be solely liable for any economic harm resulting from disclosing, or suffering or permitting disclosure of, User’s [password/User ID/Access Code]. In the event of any such disclosure or other breach of security, User will remain liable for any unauthorized use of LeadExchange® until User delivers written notice thereof to iLeads.com, LLC. and obtains a new [password/User ID/Access Code] from iLeads.com, LLC..

This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of California, regardless of the law, choice of law, or conflict of laws of any other jurisdiction.
Each party agrees to defend and indemnify the other for any claims, damages, costs and expenses (including the costs of all attorneys’ fees) relating to any claims or losses arising out of or associated with that party’s performance under this Agreement.

Information

iLeads.com, LLC. reserves the right to disclose certain personal information which you provide during registration (i.e., your name, Internet and mailing addresses, daytime telephone number) to third parties for the purpose of providing you with information about their services and products, unless you elect during registration not to have these third parties send e-mail to you regarding their services and products. You may request to be removed from our mailing list at any time by sending an email request to remove@leadexchange.com. However, if you respond to a survey, request information, conduct a transaction, or subscribe to a service involving a third party via LeadExchange® you consent to having your personal information disclosed to that third party. Furthermore, iLeads.com, LLC. may collect demographic information and information regarding your usage of specified areas and disclose such information to third parties, although in so doing iLeads.com, LLC. will not disclose your personal identity.

Indemnification

User covenants and agrees to defend, indemnify and hold harmless iLeads.com, LLC. and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees (collectively, together with iLeads.com, LLC., the “Indemnities”) from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to (i) any breach by User of any term or condition of this Agreement, (ii) the placement or transmission by or through User or User’s Account of any Network Content on LeadExchange®. If any action shall be brought against any Indemnity in respect to which indemnity may be sought against User under this Agreement, User shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any such Indemnity shall have the right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such separate counsel and participation shall be borne by such Indemnity unless otherwise agreed to in writing by User.

iLeads.com, LLC.’s Rights

iLeads.com, LLC. reserves the right, in its sole discretion, to select Users and to refuse service or subscription to LeadExchange® to any person or entity for any reason or for no reason whatsoever. iLeads.com, LLC. may terminate immediately and without notice the Account of any User who misuses LeadExchange® or fails to comply with any term or condition of this Agreement.

iLeads.com, LLC., in its sole discretion, may, at any time and from time to time, and in any manner modify this Agreement and adopt additional terms and conditions governing Users’ access and use of LeadExchange®. Any modification or addition is effective immediately upon its posting in this location or any other location designated for such purposes on LeadExchange® or upon transmittal of written notice thereof to User.

iLeads.com, LLC. may, in its sole discretion, modify, supplement or discontinue any aspect of LeadExchange®, including, but not limited to, (i) restricting the hours or dates of access to LeadExchange®, (ii) restricting the means of access to LeadExchange® to certain computer types and to certain operating systems, (iii) limiting the amount of access time and/or use permitted, and (iv) restricting or terminating any User’s right to access or use LeadExchange® or any portion thereof, at iLeads.com, LLC.’s sole discretion and without prior notice or liability. iLeads.com, LLC. reserves the right to change or add any fees or charges for access or use of LeadExchange® at any time effective upon ten (10) days’ prior notice.

Termination

Either User or iLeads.com, LLC. may terminate User’s Account at any time, for any reason or no reason at all. User’s only right with respect to any dissatisfaction with (i) any term or condition of this Agreement or any change therein, or any decision, policy, or action of iLeads.com, LLC. in operating LeadExchange®, or (ii) the quality, quantity or any other aspect of the Network Content available at any time through LeadExchange® or any change therein, is to terminate User’s Account by delivering written notice thereof to iLeads.com, LLC..

iLeads.com, LLC. may terminate User’s Account, or suspend any individual User’s access to all or any part of LeadExchange®, without notice, for any reason, including, without limitation, for any conduct that iLeads.com, LLC., in its sole discretion, believes violates this Agreement, interferes with another User’s use or enjoyment of LeadExchange®, or is harmful to another User or participant in LeadExchange®..

User acknowledges and agrees that the provisions of this Agreement shall survive the termination of User’s Account and User shall thereafter remain bound by such provisions.
Trademark and Copywrite 2000 iLeads.com, LLC.

Any credits earned within LeadExchange shall expire twelve months after the credit was approved for use within the system. Any credit unused at the end of the twelfth month after the credit was approved for use within the system shall be deemed expired, and will be removed from your account. All credits subject to expiration will expire the last day of the twelfth month after the credit was approved for use within the system.