Terms of Service

Welcome to BoldLeads.com, a 21st century digital advertising company. We provide marketing tools in the form of advertisements and links (“Ads”) for the benefit of our mortgage industry customers (“Clients”). By engaging with an Ad, you acknowledge that you understand and agree to comply with and be bound by these terms and conditions of use (referred to herein as the “Agreement” and “Terms of Use”) except that you may opt-out of the Arbitration Provision within 30-days by following the procedures in Section 13, below. Please review all of the following terms and conditions carefully. If you do not agree to these Terms of Use, you should not engage with the Ad or otherwise use our website www.boldleads.com (which is referred to together with each Ad as the “Site”) in any way.

1. Agreement.

This Agreement may be modified at any time by BoldLeads.com, Inc. (“BoldLeads”) upon posting of the modified Agreement, and such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.boldleads.com/toslp Each use by you of the Site shall constitute and be deemed your unconditional acceptance of these Terms of Use.

2. Services.

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

3. Privacy.

Your visit to the Site is also governed by our Privacy Policy, which you also acknowledge and agree to as a condition to using the Site. Please review our Privacy Policy at www.boldleads.com/privacy-policy/.

4. Ownership.

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.

5. Intellectual Property.

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.

6. Use of Our Intellectual Property.

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.

7. Use of Information.

BoldLeads reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you to our Clients and/or in any other manner consistent with our Privacy Policy.

8. Compliance with Laws.

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.

9. Indemnification.

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.

10. Disclaimer.

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.

11. Limitation of Liability.

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.

12. Site and Services Continuity.

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.

13. Arbitration Provision.

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.

14. Arbitration.

Unless you opt-out, all disputes between you and BoldLeads (whether or not such dispute involves a third party) with regard to your relationship with BoldLeads, including without limitation disputes related to these Terms of Use, your 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.

15. Arbitration Procedure.

Generally Arbitration shall be conducted under the rules for arbitration of consumer-related disputes of the American Arbitration Association (“AAA”). In the event the AAA is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either BoldLeads or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services (“JAMS”), utilizing the JAMS streamlined Arbitration Rules & Procedures. If neither AAA nor JAMS may set a hearing date within one hundred and sixty (160) days of filing the case, then the parties shall select in a different arbitrator who must be an attorney, judge, or arbitrator of the State of Arizona in good standing with a reputable arbitration association, and arbitrate utilizing the applicable rules of the arbitration association. In conducting the arbitration, the arbitrator shall not apply any federal or state rules of civil procedure of evidence.

16. Starting the Arbitration.

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.

17. Paying for the Arbitration.

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.

18. The Arbitration Hearing and Award.

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, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

19. Arbitration Opt-Out.

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 optout@boldleads.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 to:
BoldLeads
Attn: Arbitration Opt-Out
PO Box 6485
Chandler, AZ
85246
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.

20. Copyrights and Copyright Agent.

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

21. Applicable Law.

You agree that, except as otherwise expressly provided herein, the laws of the state of Arizona, without regard to conflicts of laws provisions, shall govern these Terms of Use.

22. Severability.

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.

23. Waiver.

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.

24. Termination.

BoldLeads may terminate this Agreement at any time, with or without notice, for any or no reason.

25. Relationship of the Parties.

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.

26. Entire Agreement.

This Terms of Use constitutes the entire agreement between you and BoldLeads and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BoldLeads with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site, including, without limitation, our Privacy Policy, Terms of Service. BoldLeads may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made.