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BudgetLeads.com Subscription Agreement THIS AGREEMENT "Subscription Agreement" is entered into by and between Net Marketing, Inc. and any individual, corporation, association, agency, company, or other entity who subscribes to the BudgetLeads.com program offered by Net Marketing, Inc., doing business under the trade name of BudgetLeads.com (hereafter referred to as “BudgetLeads.com.”). You accept this Agreement by purchasing a BudgetLeads.com Subscription and by using the website of BudgetLeads.com. BudgetLeads.com may from time to time unilaterally amend this Subscription Agreement. Your continued use of the website and services after amendments are posted will constitute acceptance of the Subscription Agreement, as modified by such amendments. Additional posted rules or guidelines which apply to the BudgetLeads.com Subscription program services will be announced to each subscriber via email when these changes are applied. If we introduce and announce changes in the Subscription Agreement, the new Subscription Agreement will apply to the subscription services unless we expressly state otherwise. Continued use of the website and subscription services after our posting and announcement of amendments or changes will constitute acceptance these of the modified agreements. We welcome you to our BudgetLeads.com Subscription Services. From time to time, we may communicate with you by email regarding BudgetLeads.com and the Services we offer. Customer Service An additional benefit of your Subscription is access to the BudgetLeads.com Customer Care Center. Our customer care representatives can provide help and information about our subscription services as a benefit of your subscription. This service is available by your making a request via our “Contact Us” page on the BudgetLeads.com website and our response will be provided via email. We will respond to your questions as soon as possible, but usually within two business days. Payment Methods BudgetLeads.com excepts all major credits and business checks by fax. If you use a credit card, you agree to not charge back your card for any reason. If you use a check, you agree to not stop payment on the check for any reason. If you charge back your credit card, or if your check or draft is not honored by the bank for any reason, you agree to pay a $30 service fee. You also agree to pay any collection costs and/or attorney fees should collection action be initiated. Privacy Policy We respect and are committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy lets you know how your personal information is processed and used. We promise that we will take steps to use your personal information only in ways that are compatible with this Privacy Policy. The following policies are in effect for BudgetLeads.com and any information collected for subscription services, newsletters or lists. The following discloses our Privacy Policy: What This Privacy Policy Covers 1. This policy covers how BudgetLeads.com treats personal information that we collect and receive, including information related to your past use of our products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that may not otherwise publicly available. 2. This policy does not apply to the practices of companies that BudgetLeads.com does not own or control or to people that BudgetLeads.com does not employ or manage. In addition, most companies have their own, privacy policies which may be viewed on their website. Information Collection and Use 1.BudgetLeads.com collects personal information when you subscribe, when you use our products or services and when you visit our web pages. 2. When you register we ask for information such as your name, email address. When you register with BudgetLeads.com and subscribe to our services, you are not anonymous to us. 3.BudgetLeads.com collects information about your transactions with us, including information about your use of products and services that we offer. 4.BudgetLeads.com automatically receives and records information from your computer and browser, including your IP address, cookie information, software and hardware attributes, and the page you request. Information Sharing and Disclosure 1.BudgetLeads.com does not rent, sell, or share personal information about you with other people or companies except to provide products or services you've requested or when we have your permission. 2. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. 3. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of BudgetLeads.com terms of use, or as otherwise required by law. 4. We transfer information about you if BudgetLeads.com is acquired by or merged with another company. In this event, BudgetLeads.com will notify you before information about you are transferred and becomes subject to a different privacy policy. Cookies 1.BudgetLeads.com may set and access cookies on your computer. Your Ability to Edit and Delete Your Account Information and Preferences 1. You can edit your BudgetLeads.com account Information at any time. 2. You can delete your BudgetLeads.com account by terminating your account with us. Confidentiality and Security 1. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. 2. We have procedural safeguards that comply with federal regulations to protect personal information about you. Changes to this Privacy Policy 1.BudgetLeads.com may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your BudgetLeads.com account or by placing a prominent notice on our site. Questions and Suggestions If you have questions or suggestions, please complete a “contact us“ on our website or contact us at: BudgetLeads.com PO Box 23419 Ventura, CA 93002 (805) 652-1835 (voice) (805) 244-9261 (fax) Subscription Account, Password and Security You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BudgetLeads.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree not to give your login information to others for the purpose of gathering contact data for uses beyond your personal use. All subscriptions cover the person who purchases the service and it is considered a violation of the Subscription Agreement to allow anyone else to take advantage or use this login for any and all use not directly used and for the benefit of the named person who purchased the subscription. We expect all persons who use our BudgetLeads.com service to be working under a paid subscription or purchase a subscription prior to using any of our data. Conduct While Using the Website You agree to access and use BudgetLeads.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to your use of products of BudgetLeads.com. You agree not to alter, damage or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access websites of BudgetLeads.com. You agree not to disrupt the normal flow of communication of websites of BudgetLeads.com. You agree not to claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship. You agree to use your BudgetLeads.com subscription for your use only. You agree not to give your sign in information to others for the sole purpose of avoiding their purchasing their own subscription. You agree to not resell BudgetLeads.com data. Our data is seeded and carefully monitored for abuse. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to your use of products of BudgetLeads.com Violating any operating rule, policy or guideline of your subscription or online service will be grounds for immediate cancellation of your subscription and possible action against you for damages. TERMINATION You may terminate your subscription at any time by sending us an email from our 'Contact Us' section of the website. BudgetLeads.com may terminate or suspend your Subscription (i) without cause at any time upon 30 days notice, or (ii) with or without notice if you breach the terms of this or any other agreement between you and BudgetLeads.com or if you violate the Acceptable Use Policy or another Subscription policy. If, prior to the end of its term, your Subscription is terminated by you or by BudgetLeads.com, you will not receive any refund of amounts paid to BudgetLeads.com. Any suspension or termination will not relieve any person of obligations incurred and accrued prior to the effective date of termination. All Subscriptions are terminated at the end of the subscription period and are not automatically renewed. DISCLAIMER OF WARRANTIES The BudgetLeads.com Subscription benefits, including the website and any content, services, or information provided through it, are made available on an "as is" and "as available" basis, and no implied warranties are provided except as required by law. Specifically, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. BudgetLeads.com does not warrant that its Subscription benefits, including the website or any services, software or content provided by BudgetLeads.com will be timely, secure, uninterrupted, or error-free, or that defects in its website or in any services, software or content, if any exist from time to time, will be corrected. Some jurisdictions do not allow the disclaimer of implied warranties, so the preceding sentence may not apply to you. No BudgetLeads.com employee or agent is authorized to create any warranty not expressly made herein. LIMITATION OF LIABILITY BudgetLeads.com will not be liable for any indirect, punitive, incidental, special, or consequential damages arising out of a breach of this Subscription Agreement or any other action or failure to act, even if BudgetLeads.com has been advised of the possibility of such damages. The total aggregate liability of BudgetLeads.com for any claim arising out of or related to this Subscription Agreement will not exceed the cumulative amount of fees paid by you to BudgetLeads.com. The foregoing limitations apply to any claim you may assert, whether based on contract, tort, negligence, strict liability or any other theory. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, BudgetLeads.com liability in such jurisdictions shall be limited to the extent permitted by law. INDEMNIFICATION You agree to defend, indemnify and hold BudgetLeads.com and its affiliates, suppliers, agents, representatives and partners harmless from and against any and all liabilities, damages, judgments, costs, and expenses, including reasonable attorneys' fees, to the extent that any of the foregoing arise out of or are related to a violation of your obligations under this Agreement, the Agreement for Subscription Service, the Acceptable Use Policy. OTHER If any provision of this Subscription Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any claim or dispute with BudgetLeads.com arising out of or relating in any way to this Subscription Agreement or the services provided hereunder will be resolved exclusively in a state or federal court located in Santa Barbara, California, and you consent to the personal jurisdiction of such courts over you for such purpose. This Subscription Agreement, the Agreement for Subscription Service, state the entire agreement between you and BudgetLeads.com relating to your Subscription. All prior and contemporaneous agreements and understandings relating to the subject matter hereof are merged herein and superseded hereby. This Subscription Agreement may not be amended except by BudgetLeads.com as provided herein. FURTHER INQUIRIES You may direct questions about the Subscription Agreement to: BudgetLeads.com 21 S California St, #209 Ventura, CA 93001 (877) 578-4596 (voice) (805) 244-9261 (fax) © Copyright 2010 Net Marketing All Rights Reserved Revised April 18, 2010
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