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Lead Program Terms and Conditions
Please read this agreement ("Agreement") carefully before accessing or using this Website ("Site") or opening any attachments containing "leads" or data
This Mortgage Lead Agreement is intended to be a binding contract between the person and/or company (hereinafter, "Client")named on the accompanying and incorporates the Invoice ("Invoice") and Pioneer Info & Marketing, Inc.. Please read this agreement carefully. Your signature and/or payment includes your agreement and affirms you are authorized to approve this transaction on behalf of the company that you represent. "Leads" are defined as parties or individuals who through the Internet are requesting information about obtaining a mortgage loan or data complied and supplied in list form. Leads are transmitted via e-mail on excel or plain text.
1.) Servicing Leads.
Within twenty-four hours (24) after receiving each Lead, Client shall contact the consumer. If an order is placed before 2pm (PST) we will attempt to deliver order via e-mail the same business day. Unforeseen issues can arise and could affect your order being received on time, including but not limited to e-mail unable to receive or send file.
2.) Confidentiality; Compliance With Laws.
(A) Client agrees to maintain the privacy and confidentiality of all Leads received by Client. Client also agrees to comply with all laws, regulations, rules, and ethical and professional standards (collectively, "Laws") applicable to Client, Client's Licenses (as hereinafter defined) or Client's business.
(B) Client certify that client is properly licensed or other wise authorized to conduct mortgage business in the state(s) for which client has entered. Client understands that ANY and ALL leads are to be used for the SOLE purpose of conversion to a home loan AND that these leads SHALL NOT be resold or re-distributed to others outside of the company which is purchasing the leads. The leads AND ALL of the information contained therein SHALL remain the sole property of Pioneer Info & Marketing, Inc.. and CANNOT be used for any other purpose without our explicit written permission.
(C) I/we agree to comply with any and all federal and state do not call regulations and laws. To read the complete terms and conditions in regards to the DNC click here.
Do Not Call Registry Terms and Conditions
The following agreement governs your use of the Pioneer Info & Marketing, Inc. data and website. If you do not agree to these terms, please exit the site now and/or delete your data order You acknowledge that the U.S. Federal government, certain states and self-regulatory bodies may each have restrictions on telemarketing activities, including but not limited to permitting a telephone subscriber to give public notice that such subscriber does not wish to receive sales solicitation telephone calls. Due to the varying publication dates of such notices, Pioneer Info & Marketing, Inc disclaims any warranty, express or implied, that the names and telephone numbers of all such subscribers have been identified on or deleted from the data ordered by or for you or your customer.
You understand and warrant that you will comply with the rules relating to any Do-Not-Call Registry ("DNC Registry") promulgated by federal, state or self-regulatory bodies, specifically including those rules that:
(1) Require all sellers who initiate, or cause a telemarketer to initiate, an outbound telephone call that is not otherwise exempt to pay the appropriate fees for any DNC Registry,
(2) Require all telemarketers who initiate an outbound telephone call that is not otherwise exempt on behalf of a seller to ensure that the seller has paid all appropriate fees for any DNC Registry, and
(3) Require any company performing DNC list scrubbing on behalf of a seller to ensure that it is scrubbing the calling lists against that seller's and only that seller's version of the DNC list.
You certify under the penalty of law that you will use the information gathered from any DNC Registry solely to comply with the provisions of any regulatory or self-regulatory body or otherwise to prevent telephone calls to telephone numbers on the registry. Information will be provided from recognized industry compilers of leads/data and other sources. Pioneer Info & Marketing, Inc makes no representation or warranty, express or implied, regarding the accuracy or completeness of data/leads to be delivered, results to be obtained with the data, or that the data/leads has been scrubbed against any regulatory or self-regulatory DNC Registry. Pioneer Info & Marketing, Inc is not liable for loss of profits, or for any other claims regardless of the form of action. Pioneer Info & Marketing, Inc sole liability would be to return the amount paid for the data. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If applicable, you will, whenever reasonably possible, secure your customer's written agreement concerning notification obligations of the previous sections.
FOR ALL DNC MANAGER SCRUBBING ORDERS
Scrubbing services are performed by an independent vendor of Pioneer Info & Marketing, Inc Pioneer Info & Marketing, Inc makes no representation or warranty regarding the accuracy of the scrubbing service, and you agree that you have no recourse against Pioneer Info & Marketing, Inc in the event the scrubbing service provided to you is inaccurate or incomplete.
I/we agree to comply with any and all federal and state do not call regulations and laws. Per the TCPA, which went into effect in 1991, no telemarketing calls can be made to a wireless phone since the consumer may be charged for this call. The regulations require that all telemarketers scrub their dialing lists against the Neustar list at least every 15 days. I the purchaser of the data/leads understand it is my sole responsibility to decide if I/we need to scrub wireless phone numbers and Pioneer Info & Marketing, Inc. does not remove wireless phone numbers from the leads/lists sold to clients.
SAN# request is a method for Pioneer Info & Marketing, Inc. to verify that you or your client is registered with the FTC as a compliant telemarketing entity. This SAN# request is a matter of protocol as these telemarketing files have been regularly scrubbed against the Federal DNC list and the Federal law states that all parties must be registered in order to gain any benefit from these Federally sponsored DNC lists. This request, however, does NOT warrant that this data is 100% compliant at the time of your order. Likewise, Pioneer Info & Marketing, Inc. urges all telemarketing companies and/or their agents to perform subsequent DNC scrubbing against all Federal and State DNC lists. This scrubbing can occur by contacting your Pioneer Info representative at 866-261-6770.
3.) Payment Arrangements.
Payment in full is due before the beginning of the program
4.) Termination of Agreement.
Pioneer Info & Marketing, Inc.. may cancel this agreement at any time, with cause, by written notice to the other party. A reimbursement based on the number of leads left in program will be refunded within 30 days of cancellation.
5.) Information
(A) Pioneer Info & Marketing, Inc.. takes reasonable care in providing this information. However, we do not assume any liability for the correctness of this information, or the information from which it is compiled, nor warrant the comprehensiveness, completeness, accuracy, number of times distributed, date generated or adequacy for any purpose or particular use of this information. Pioneer Info & Marketing, Inc.. reserves the right to provide client with any lead available in the licensed area to fulfill agreement. Every effort will be made to provide the most desirable leads. Pioneer Info & Marketing, Inc acts solely as a "re-seller" of leads/data and any actual liability would rest with the original compiler of the leads/data.
(B) Pioneer Info & Marketing, Inc.. does not guarantee the delivery of your ordered leads from our web site through your or our e-mail server. Due to uncontrollable technical issues we cannot be held responsible for any leads you do not receive via e-mail.
(C) Pioneer Info & Marketing, Inc. reserves the right to use any e-mails, voicemails, verbal conversations or any correspondence between Pioneer Info & Marketing, Inc. and a potential client or existing client to promote our products and services. You agree and consent to have your correspondence posted on our web site, sent in an e-mail or given by phone as a reference which could but not be limited to your name, company name, e-mail or phone number for prospective clients of Pioneer Info & Marketing, Inc to contact you as a reference. If you do not want to be listed as a references or would like to have your information removed from our database or want your information kept private. Please submit to us in writing stating this to: Pioneer Info & Marketing, Inc, 9323 N. Government Way #107 Hayden, ID 83835
6.) Refunds.
(A) Eligibility. Provider will replace to Client that fall within any of the following categories: (1) blank application; (2) incorrect telephone number, email address to contact applicant; (3) Applicant stated they never applied; Client will not be entitled to request a refund for data entered by consumers that is incorrect concerning income, assets, debts, or other information necessary to the underwriting and/or processing of a credit request. The outcome of your lead program is not guaranteed. No monetary refunds. Pioneer Info & Marketing, Inc.. solely reserves the right to determine which leads are refunded. If paying by credit card you further agree to waive your right to "charge-back" and dispute this transaction with your credit card company and agree to the above replacement policy. If paying by check purchaser agrees not to stop payment or face collection activity and legal action to collect debt.
(B) Procedure to Claim Refund. To claim a replacement of lead, Client must notify Provider that the data set is invalid, or otherwise subject to credit within three 72 hrs of its receipt of the data. Duplicate leads may be returned upon discovery but no later than 72 hrs after initial submission. All requests for refund made by Client must be made either via e-mail, or through another channel selected by Provider. It is a further condition of refundability that Client has attempted to contact applicant within 24 hrs allowing Client's receipt of the consumer data from Provider. Pioneer Info Advantage replacement instructions for lists/data: Within 10 business days after receiving file/leads/data via e-mail or regular mail return the entire request for replacements and Pioneer Info will replace the data. This will be a one time replacement request and data/lists will be replaced one time only after you have completed calling the entire list or 10 business days have past.
7.) Client Indemnification
Client agrees to indemnify, defend and hold Pioneer Info & Marketing, Inc.. harmless from and against any claim, liability, cost, loss, demand, damage, judgment or award (including but not limited to (a) court costs and (b) attorney and expert witness fees and costs for counsel and experts chosen and directed by Pioneer Info & Marketing, Inc..) arising from or in connection with any third parties products and services including, but not limited to internet generated leads, consumer information, mortgage data or sales/marketing leads not generated or compiled by Pioneer Info & Marketing, Inc.. and (a) any false statement in any of Client's representation or warranties contained in this Agreement or (b) any breach by Client of any of Client's covenants and agreements contained in this agreement, including but not limited to Client's agreements regarding Confidential Information and regarding Client's ongoing compliance with Licenses, Laws and Professional Standards. Pioneer Info & Marketing, Inc reserves the right to use client comments be they e-mail, voicemail or written for any purpose, to include posting comments on web sites operated by Pioneer Info & Marketing, Inc. Client agrees to arbitration as a first step to resolve a dispute between both parties. Arbitrator will be chosen by Pioneer Info & Markerting, Inc. This Agreement shall all be governed and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be performed in Idaho. You agree that any legal action or proceeding between Pioneer Info & Marketing, Inc. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Idaho. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Pioneer Info & Marketing, inc. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Pioneer Info & Marketing, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
8.) Guaranteed Quality Assurance Program
1) Return a bad lead by clicking on the dispute link from the member home page.
2) Replaced lead will be reflected as a credit located at the refunded link. Maximum credit equals the amount deposited over $240. ie $240 deposited maximum credit would be $240.
3) Guarantee applies to 0 to 2 day leads only.
9.) Dispute Resolution
Any claim or controversy arising out of or relating to the use of Pioneer Info's services, to the goods or services provided by Pioneer Info, or to any acts or omissions for which you may contend Pioneer Info is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Kootenai County, Idaho. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Pioneer Info. In any arbitration, Pioneer Info will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Kootenai County, Idaho. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PIONEER INFO, INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Pioneer Info's goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Pioneer Info, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Kootenai County, Idaho. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
10) Entire Agreement
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
11) Independent Counsel
You're establishing of an account opening of any attachments containing leads via e-mail and/or your use of the Pioneer Info Website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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