BoldLeads develops and places advertisements on various websites, many of which include, or link to, features that invite a user to interact with the advertisement to receive certain information. For example, an Ad may invite a user, you for example, to provide certain demographic information about your primary residence in order to receive an estimate of its current market value. Because we lease our Ads to our Clients, each Client also obtains any information provided to or collected through the Ads it leases, such as the demographic information you provided in the example above. Nothing in this Agreement or the Site may be deemed to state or imply any promise or guarantee that BoldLeads, any of our Clients, or any other person, will deliver any service or product to you
All content associated with the Site is and shall remain the property of BoldLeads or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Site.
BoldLeads TM is a trademark of BoldLeads. Other product, service and company names mentioned on this Site may also be trademarks of BoldLeads or their respective owners, including our Clients. All intellectual property rights are reserved exclusively to the owners of the respective trademarks.
BoldLeads grants you a limited, revocable, nonexclusive license to utilize the features of its Site and Ads, if any, solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, including reverse engineer or break into the website or any Ad, or use materials, products or services in violation of any law. The use of the Site is at the discretion of BoldLeads and BoldLeads may terminate your use at any time without notice.
You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify, defend and hold BoldLeads and our Clients, partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION, TOOLS, AND FEATURES ON THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BoldLeads DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE AND ALL OF ITS FEATURES.
UNDER NO CIRCUMSTANCES WILL BoldLeads BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING
DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL
OF YOUR SITE USE. YOU ALSO ACKNOWLEDGE AND AGREE THAT BOLDLEADS DOES NOT CONTROL, INFLUENCE, VET, OR SCREEN ITS CLIENTS
AND IS NOT AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE
RELATED DIRECTLY OR INDIRECTLY TO YOUR RELATIONSHIP OR CONTACT WITH ANY CLIENT, OR LACK THEREOF.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
The Site may be periodically unavailable for maintenance or for any other or no reason at all. BoldLeads reserves the right to remove or alter any content from the Site for any reason, without prior notice. Content removed may continue to be stored by BoldLeads, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. You also acknowledge that the Internet may be subject to breaches of security and that your submission of content or other information may not be secure.
This Section 13 (the “Arbitration Provision”) is governed by the Federal Arbitration Act, 9 U.S.C. §1, et. seq. and evidences a transaction involving commerce. You may opt-out of this Arbitration Provision in accordance with subsection 13(c), below.
Unless you opt-out, all disputes between you and BoldLeads (whether or not such dispute involves a third party) with
use of the Site or BoldLeads services shall be resolved by binding, individual arbitration. You and BoldLeads each hereby
expressly waive trial by jury.
This Arbitration Provision is intended to apply to all disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, nor by way of class, collective, private attorney general, or representative action.
Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this Arbitration Provision including the enforceability, revocability or validity of the Arbitration Provision, or any portion of it, and/or all other substantive disputes. All such matters shall be decided by an arbitrator and not by a court or judge.
This Arbitration Provision is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for any claim or dispute related to Section 5 or Section 6 of this Agreement.
All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to BoldLeads shall be delivered to our then current Statutory Agent, as reflected in the records of the Arizona Corporation Commission ( www.azcc.gov). The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.
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 (i.e., a party prevails on to claim that provides for the award of reasonable attorney
fees to the prevailing party). In all case where required by law, the BoldLeads will pay the arbitrator’s and arbitration
fees. If, under applicable law, BoldLeads is not required to pay all of the arbitrator’s and/or arbitration fees, those
fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that
regard will be resolved by the arbitrator.
The parties will arbitrate their dispute before the arbitrator, who shall confer with the parties regarding the conduct
of the hearing and resolve any disputes the parties may have in that regard. Within thirty (30) days of the close of
the arbitration hearing, or within a longer period as agreed to by the parties or as ordered by the Arbitration, any
party will have the right to prepare, serve on the other party, and file with the arbitrator a brief in support of its
case. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies
shall be limited to those that would be available to a party in his or her individual capacity in a court of law for
the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual
in a court of law will be forfeited by virtue of this Arbitration Provision. The arbitrator will issue a decision or
award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required
by law, as determined by the arbitrator, neither a party nor an arbitrator may disclose the existence, content, or results
of any arbitration hereunder without the prior written consent of all parties. Any provision of applicable law notwithstanding,
on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject
to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying the Company in writing of your
desire to opt-out of this Arbitration Provision, either by (1) sending, within thirty (30) days of the date you first
access the Site, electronic mail to
email@example.com, stating your name and intent to opt-out of the Arbitration Provision or (2) by sending a letter
by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery
Attn: Arbitration Opt-Out
PO Box 6485
In order to be effective, the letter under option (2), above, must clearly state your intent to opt out of this Arbitration Provision, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or postmarked within thirty (30) days of the date you first access the Site. Your timely written opt-out election, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by the Company.
Notwithstanding Section 1 of this Agreement, in the event that BoldLeads makes a change to this Arbitration Provision, you may similarly opt-out of the amended Arbitration Provision within 30-days following the date you first accessed the Site after its adoption if you follow the same procedure described above. In that case, the most recent effective Arbitration Provision, if any, shall still govern.
IF YOU DO NOT OPT OUT OF THIS ARBITRATION PROVISION WITHIN THE 30-DAY PERIOD, YOU AND THE COMPANY SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. YOU HAVE THE RIGHT TO CONSULT WITH COUNSEL OF YOUR CHOICE CONCERNING THIS ARBITRATION PROVISION.
In the event that materials are made available to this Site by third parties not within our control, we undertake no obligation to, and do not, scan or otherwise review the content for illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement, and the address at which he can be contacted, is:
Paul Valentine, Esq.
Jennings, Strouss & Salmon, P.L.C.
One East Washington Street, Suite 1900
Phoenix, Arizona 85004
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of BoldLeads to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by BoldLeads must be in writing and signed by an authorized representative of BoldLeads.
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.