This is a legal agreement between Lendersource Inc (“LeadMailbox”, “LMBX”, “LS”, “the site”, “we”, “us”, “our”) and you or the company or organization you represent (“you”, “your”, “customer”, “client”). By browsing, accessing or using this website (“the services”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to be bound by these terms, please do not use this website. We may, without any notice to you, revise these terms by updating this page. You agree to review this page from time to time to be aware of any such changes.
Services and License
LMBX services consist of lead databases, lead management tools, automated telephone dialing, SMS text messaging, and email transmission. You are granted a non-exclusive, non-transferable, revocable license to access and use LeadMailbox strictly in accordance with these terms, for lawful business purposes only. Each LeadMailbox login (“seat”) is to be accessed by no more than one user. Customer agrees not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make any LMBX Services available to any third party.
Payment, Renewal and Cancellation
A valid credit card is required to begin and maintain service with LMBX. The service contract is month-to-month, and is charged per user login (“seat”). Your contract will automatically renew each month on the renewal date, and your credit card will be charged each month until you cancel the Service. Your account and all sub accounts will be placed on hold and denied access if payment is not received with 15 days of the due date. If payment is not received within 30 days of the due date, your account (and all sub accounts, if applicable) will automatically be deactivated and data deleted.
The service may be cancelled by sending a written notice of termination prior to the next renewal. The account will then terminate on the next renewal date. All outstanding fees must be paid at time of closing. Fees will not be pro-rated. It is the Client's responsibility to download data before closing the account. Client data will be permanently erased after cancellation. Unused dialer minutes do not roll over to the next month.
Initial Setup Charge
There may be a reasonable one-time setup charge.
Monthly Service Charge
Minimum monthly fee is $45 per seat/user. Usage fees apply to premium features. Your actual fees will be itemized in the signed agreement.
Acceptable Use and Compliance
You represent and warrant that you will only use LMBX for lawful purposes. You also must agree to our privacy and security addendums. Phone numbers you initiate calls or messages to using LMBX services have consented or otherwise opted-in to the receipt of such calls or messages as required by any applicable law or regulation. You agree that you will include clear opt-out instructions on your messages when required to do so by any applicable law or regulation.
Customer warrants that it is aware of and will comply with all applicable laws, including, without limitation, the Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission (www.ftc.gov), the Federal Communications Commission (www.fcc.gov), the DNC list registry rules (www.donotcall.gov) and various state laws, rules and regulations that place restrictions on certain types of phone calls and text messages.
LeadMailbox is in no way attempting to interpret any laws, rules, or regulations. Customer is responsible for compliance with all laws and regulations, including any changes to such laws and regulations. Customer agrees to assume responsibility for all costs and expenses of any kind, including reasonable attorneys’ fees, incurred by LeadMailbox in connection with or related to any actual, alleged or threatened violations by Customer of federal, state or local law.
Accessibility and Maintenance
LeadMailbox will, from time to time, conduct scheduled or emergency maintenance and upgrades to the Services, and therefore, they may be inaccessible or inoperable. LeadMailbox will use reasonable efforts to perform maintenance in a timely fashion so that services may be restored quickly. Customer understands that, from time to time, the LeadMailbox and other related services may be inaccessible or inoperable due to reasons such as equipment failure, network connections and/or causes that may include, without limitation, electrical shortages, blackouts, cyber attacks, acts of war or terror, civil disturbance, acts of God or nature, strikes, national emergencies, or acts of any court or government. We will have no liability for such disruptions or the consequences thereof.
Each party may have access to confidential information; records, data and trade secrets relating to other's business, product(s), its customers, clients, principals, and it's other associates, including the LS support staff. Such information is secret and is disclosed to the other in confidence. The parties will not, without the other's prior written consent, directly or indirectly disclose to any third person or use any such confidential information or trade secrets in violation of this Agreement. Any associates, corporation, organization, firm, company, trust or individual of which the party hereto is a member of, principal of, agent for, employee of, or otherwise, is bound by this restriction. Any violation of this paragraph shall constitute "Unfair Business Practices" under the law of the State of California.
You agree to indemnify, defend and hold harmless LeadMailbox, its officers, directors, shareholders, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
CUSTOMER EXPRESSLY AGREES AND UNDERSTANDS THAT LEADMAILBOX DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR THAT ALL COMMUNICATIONS WILL BE DELIVERED, NOR DOES LEADMAILBOX MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. LEADMAILBOX MAKES NO OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LEADMAILBOX BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT, INCLUDING WITHOUT LIMITATION ANY LOSS, DAMAGE OR LIABILITY RELATING TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event a dispute shall arise between the parties to this agreement, it is hereby agreed that the dispute shall be referred to United States Arbitration and Mediation for arbitration in accordance with United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. The place of arbitration shall be Los Angeles, California.
Last Updated: March 27, 2017