Tax Preparation Leads (Hereafter "The Company",
"The Company's" "We" and other applicable terms referring
to Tax Preparation Leads) Terms, Conditions & Policies
1. a. These are the terms, conditions and
policies that govern the use of this website, our products and services. Your
use of this website and/or our products and services constitutes an agreement
and is conditional on acceptance of all such terms, conditions, and policies
listed on this page without any modification. By accessing this website, you
are indicating your acknowledgment and acceptance of these terms, conditions
and policies. If you do not agree to these terms, conditions and policies
please do not use this website. If you have received a personal proposal from
us for any products or services if there is a conflict between what is in the
personal proposal and what is here what is in the personal proposal is binding
over anything written in these terms and conditions since it is exclusive to
you and what is here is multipurpose. That is especially the case with our new
lead generation systems since that program was designed well after the creation
of this website.
b. If you do not understand them you may
contact us at
leads@taxpreparationleads.com
2. a. Our privacy statement below contains a complete list of the
details on how we use your information.
b. Our anti-spam policy below
describes our position and your obligations in regards to our anti-spam policy.
3. a. When you call us or request us to contact you by filling out
one of the contact forms on this web site it is deemed by The Company to be
permission for us to contact you. This contact may include representatives of
the company, including, but not limited to, management, employees, or
subcontractors. This permission is understood to mean that we may contact you
by telephone, email, direct mail or other reasonable means.
b. We cannot guarantee that we
can fulfill your service needs and reserve the right to not do business with you
for any reason whatsoever at any time.
4. These terms
and conditions may change or be amended at any time as Tax Preparation Leads
sees fit. These changes will be deemed to be part of this agreement and by
using this site and/or our products and/or
services you also agree to be bound by all said changes to these terms,
conditions and notices. All such changes, amendments or notices will be posted
on this page for you to view.
5. You warrant that all the
information you provided is and will be accurate, current and truthful to the
best of your knowledge. If any information that you provided is not true,
current or complete, or The Company has reasonable grounds to suspect that
the information is not true, accurate, current nor complete, The Company
has and may exercise their right to refuse all current and/or future use of The
Company's products or services by you. You are also responsible and liable for
any and all use of The Company's products or services by any and all persons
you intentionally or negligently grant access to The Company's web site,
products or services.
6. All information, documents,
reports whether downloadable or available publicly on the web site including
the design and layout of The Company Web site are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. These are provided as resource and THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR QUALITY OF THEM. ALL
SUCH INFORMATION AND DOCUMENTS WHETHER FOR DOWNLOAD OR AVAILABLE PUBLICLY ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS WHETHER FOR
DOWNLOAD OR AVAILABLE PUBLICLY PUBLISHED ON THE COMPANY WEB SITE MAY INCLUDE
TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY ISSUE UPDATES TO INFORMATION
AND IS UNDER NO OBLIGATION OR LIABLE FOR ANY DAMAGES INCLUDING INCIDENTAL AND
CONSEQUENTIAL DAMAGES BY NOT ISSUING NOTIFICATION OF SUCH UPDATES.
7. Any links on The Company Web
site that may allow you to leave The Company's Web site are not controlled by
The Company. The Company cannot guarantee they will stay functioning as we have
no control as to whether the linked sites will stay functioning themselves. The
Company cannot in any way be responsible for the contents, functionality of any
and all of the information on or the practices of said linked sites or any of
the links to which the linked sites lead. These are provided only as resource
and any inclusion of these links does not constitute or imply an endorsement by
The Company of the site.
8. You acknowledge that you have
hired us simply to generate leads for your company. You acknowledge that you in
no way work for us so we cannot be held responsible or liable for anything you
do whatsoever ever.
9. INDEMNIFICATION. YOU AGREE TO
INDEMNIFY THE COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY
AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY
DUE TO OR ARISING FROM YOUR USE OF THE COMPANY'S PRODUCTS OR SERVICES OR IN
CONNECTION WITH THE COMPANY WEB SITE OR YOUR VIOLATION OF THESE TERMS AND
CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
10. You acknowledge and agree
that The Company's products and services are provided to you on an "AS
IS" basis without any warranty whatsoever, and your sole and exclusive
remedy, and The Company's sole obligation to you or any third party for any
claim arising out of your use of The Company products or services or The
Company Web site, is that you are free to discontinue your use of The Company
products or services or The Company Web site at any time. EXCEPT AS EXPRESSLY
SET FORTH HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT THE COMPANY SHALL HAVE NO
LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING
LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR
ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW
LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH
STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and
Conditions are binding to the benefit of The Company's successors, assigns and
licensees.
11. You must
accept consecutive zip codes in all the areas you request leads. You may of
course limit the areas to which you request we get leads for you but all zip
codes must always be consecutive.
12. You must
accept and pay for all leads in the area you choose to do business. Again you
may limit the areas in which you choose to work. If you receive a lead in an
area outside of your prescribed area you must inform the company within 3
business days (This is so the lead is still warm when we verify it and so
contact information is current.) or accept it and pay for it.
13. The Company
reserves the right to choose who they want to do business with and who they
don't want to. We also reserve the right to cut ties with any customer for any
reason no matter how dependent they have become on us for their means of
earning a living. (Logically we would only do this if we had a reason to.)
14. For lead generation or lead
generation systems you grant us permission to use your company logo or to
create one for you whatever we deem best.
15. We warrant
that all leads that come from a website with your company logo on it (that we create
or you allow us to use) exclusively to you.
16. You may pay
us by credit card on a real time basis (that means we will charge your card for
leads as they come in.) or in advance by PayPal or check. If you choose to pay
by checks the check must clear before we start generating leads for you.
17. In all cases a valid lead
may consist of only an email address. Missed calls are considered leads and
will be billed at full price as we can not be responsible for whether phone
calls are answered. All disputes about quality of leads are handled on a
case by case basis. In the case of pay for lead services you must inform us in
writing within 3 business days from the date the lead is obtained if there are
any questions. In the case of pay for lead services once you give us your
credit card information or pay in advance by another method we will start
generating leads for you until you inform us in writing that you want us to stop,
in the case of payment made by credit card. For other means of payment we will
do so until any unused funds that were paid to us are exhausted. In no case
will funds paid by check or PayPal be refunded under any circumstances for any
reason other than that we were not able to obtain leads for you. We guarantee
will generate that we will generate at least 5 leads a year until you have all
your leads. In the case of our lead generation systems money will only be
refunded if we don’t do the work to get them up and running. We try to do this
within a month of being contracted by you but it can take much longer at times.
You may request a refund of 50% if your sites are not live on the internet 12 months
after you contract us. This having been said it usually happens much faster but
it is understood that our lead generation system consists of making multiple
websites and each one takes time. It can be a long process to get many websites
live on the internet. In respect guarantees for lead generation systems any guarantee
about the number of leads to be generated will be fulfilled within two years
unless specified differently in a written agreement. The guarantee period
starts after the last site is live on the internet. Please remember that these
sites will be there for years generating leads for you. If when buying leads on
a pay per lead basis you want to stop receiving leads permanently or for a
limited time you must inform us as we have expenses involved in obtaining the
leads. If you fail to inform us you will be billed for all leads received. We
reserve the right to cancel your account if you choose to stop your leads for
any reason whatsoever as we have done a lot of setup work and may need to use
the site or sites for a different client to prevent financial loss. Your doing
business with us constitutes acceptance that we can contact clients on your
behalf to set an appointment or verify lead quality. (This is common practice
among lead generation companies.) Missed calls are considered leads. For pay
per lead services they are charged at full price as we have no control over
whether you answer your phone or not. We strongly recommend you hire a
competent answering service as no one can answer their phone 24 hours a day 365
days a year and leads from the internet can and do come in at any and all
times. With persistence most missed calls can be contacted. If you do not want
the work of pursuing the leads please do not hire us on a pay per lead basis or
buy lead generation systems from us. Final determination of what constitutes a
valid lead is left to the sole discretion of Tax Preparation Leads. We are
able, with paid advertising, to control the hours the campaigns run but we can
not control the hours that Google displays the organic impressions to their
searchers. Our prices and guarantees include [getting paid for] these leads too
and there is no way to stop them from coming in. We are not responsible if you
don't diligently follow up on the leads you receive by phone or email. Since
the leads either called you on the telephone or they are sent by email and text
message if you request (providing you have these services) there can be no
valid reason, on our part, for your not receiving them other than if our
equipment is faulty and the leads do not reach you. In this case you
will not be charged if you have hired us on a pay per lead basis nor will
they count against your guarantee limit in regards to lead generation systems,
but this is extremely rare. All privacy policy, terms and conditions and other
legal pages of your website must be provided by you as we have no legal
expertise. If you have such pages on other websites we will use those there for
your convenience. If you do not provide such information we will merely leave
this information off your site but we recommend it be there as this makes sites
look more professional. All guarantees for lead generation systems are voided
if you insist we change or you change the sites we create, as our sites are designed to be optimized to
get traffic form the search engines and once a visitor comes to the site to
convert them to a lead. We usually will explain to you why we don't recommend such changes but are not obligated to do so. If we don't explain why we don't recommend or disagree with the change we are still free from any guarantees as some people don't want our suggestions and become offended by them. Any false information given to us voids any guarantees
because we took you on as a client and were willing to make a guarantee to you
based on the information you gave us. Just as an example if you claimed to be a
CPA and we later find out you aren't. This is just an example and there are
many, many other things that could fit into this category. You’re not trying to
contact or not being able to contact any lead does not constitute grounds for
non payment or a refund for that lead. If you as a tax preparer and are not
willing to visit people in their homes or at their offices this invalidates our
guarantee too because many expect that. Our guarantees are based upon the
higher closing ratios that come from providing this type of service. You must
be willing to make these office or house calls to the whole area where you
requested that your leads come from. We considered this before we agreed to
provide you a guarantee. For guarantee purposes a lead is considered to be a
phone call or a form fill out whether or not you can contact that person or the
result of the contact that follows. Not getting the job does not constitute
grounds for non payment or to request a refund for any lead in the case of lead generation. Sometimes people
hire someone very quickly so if you delay in contacting a lead they may have
hired someone else. Although we don't send leads to more than one client people
have other sources of leads and obviously may hire from those other sources.
18. All leads
are generated on the internet and are highly targeted to people only searching
for exactly what you offer. Usually these leads come from intensely interested
people. If for some reason you do get a lead that is not what you have asked us
to generate reasonable proof for this will be accepted and you will not be
billed it or it will not count against your guarantee amount in the case of
lead generation systems. You will find us reasonable to deal with on this
account as we ONLY WANT SATISFIED CUSTOMERS. With pay per lead services, if we
are not able to satisfy you with the quality leads you want we may be forced to
cut ties with you and find someone else whose expectations we can meet. It
is understood that not all leads will be able to be contacted. The price of the
leads on a pay per lead basis includes the fact that not all will be able to be
contacted by you (Some hire someone else immediately. At times not contacting a
lead may be due to missed calls or a lack of follow up things over which we
have no control.) therefore there is no reason to ever request a charge back on
your credit card or request a refund for a check that has cleared other than if
the information entered into the contact form was not a real a person.
If the amount of money owed by a potential client is within $2,500 of of the minimum agreed upon to be considered a valid lead but you go through the process of trying to help them, exchanging telephone numbers or emails, faxing forms back and forth or other similar methods, your actions show that you consider that a a valid opportunity to do business with the person so that will be considered a valid lead and billed as such. Much of this will be based on the 'honor system' as we can't always know what you do but if we discover you are being dishonest with us in this regard we are very likely to cut ties with you. Reasonable proof for false information entered into a form will always be
accepted (we reserve the right to verify this) as we only want to get paid for
valid leads and we are concerned with maintaining a good relationship with you
and having only satisfied customers. For lead generation system these leads
still count toward fulfilling our guarantee.
19. a. You accept in the interests of
increasing the numbers of leads we can generate for you we will most likely
offer a free report in exchange for an email address. You will find that these
reports offer valuable information to your perspective clients and will build
trust between you and them and help you to increase your closing ratio and do
business with them. Much as a free trial with any service does.
b. Any trials
are always limited with seasonal businesses and expensive markets (The
company determines what it deems to be expensive) and maybe in any market
for any reason we see fit.
20. For pay per
lead services the right and title to the domain name and company name we choose
to use to generate leads is our property no matter how much your business comes
to depend on our services. For lead generation systems as long as you have satisfied
all obligations to us it will be transferred to you at the end of the guarantee
period as part of your licensing agreement. You will be responsible for all fees and all the work to maintain the
domains since they are on your servers now and have opted not to pay us to host them to save that money. We still retain all copyrights to the content created. You may not duplicate the site and put them up on other domains as you bought a license for the number of sites you requested. Any such duplication of sites is obviously fraudulent and you agree to pay the liquidated damages of $1,000.00 per site that you duplicated.
21. After any trial
period ends we will need your correct name, address and credit card number so
we can bill you for leads generated on a pay per lead basis. We will not do
business with anyone who will not truthfully provide this information for us.
22. In the case of pay per lead services your
acceptance of any free trail or hiring us to do business with you constitutes
permission for us to create and put into service as many web sites as we deem
necessary to generate the maximum number of leads for you in the area you
request. These web sites are and forever will remain our exclusive property as
long as we so choose no matter how much the success of your business depends on
them. You agree to be bound by all the terms and conditions on such site that
apply to you. Any costs that we incur due to any and all violations of the
terms and conditions will be paid by you along with any legal and court fees
necessary to collect them. No lead fee will be charged for a customer that uses
the website to contact you to simply get in touch with you for a job that came
from a lead you already paid for. If a customer requests a different service or needs service again a
separate lead fee will be charged. In the case of lead generation systems you agree that 'dummy' company names will be used and are necessary to get traffic to the sites. A logo or image with your real company name will appear on each site to identify your real company and the 'dummy' name will be explained in the terms and conditions. You are fully responsible for anything you do that results form the sites created with these 'dummy' company names that are licensed to you. Not accepting the use of such 'dummy' company names invalidates any guarantee that was made to you. No money will refunded to you because you don't want us to use the 'dummy' company names. Our whole lead generation system is based on getting traffic by the keywords used in these 'dummy' company names.
23. Your
acceptance of any free trial or hiring us to do business with you also
constitutes permission for us to use a call tracking phone number that will be
forwarded to any phone you choose. You must provide a phone number for us to
forward calls to or we cannot do business with you. You grant us permission to
tape any and all calls that are received on the tracking number. This how we
track leads that come by phone and allows you to know how your staff is
handling those calls. We recommend you inform your staff they are being taped.
The tracking number is and forever will remain our exclusive property as long
as we so choose no matter how much the success of your business depends on it.
You should not and do not have permission to give it out to your customers. If
you do you will be charged the price of a lead for anyone you give it to. If we
incur other charges because you give that number to others you will be
obligated to pay those charges and any legal and court fees that we incur in
collecting them form you. If customers use the number on that site to
continually contact you any telephone charges we incur may be charged to you.
No lead fee will be charged for a customer that use tat number to simply get in
touch with you for a job that cam from a lead you already paid for. If a
customer requests a different service another lead fee will b charged.
24. You may not
use the information provided by The Company to send SPAM. You agree to
familiarize yourself with all SPAM laws and abide by them. If the information
we provide you is used for the purposes of SPAM we reserve the right to cut
ties with you at any time without notice. You agree to provide an unsubscribe
link, or other legal way for any perspective customers or actual customers you
obtain in any way through the use of our services. YOU MUST INFORM THE COMPANY
OF ANY ALL PARTIES THAT UNSUBSCRIBE. IF YOU FAIL TO PROVIDE US THIS INFORMATION
IN THE CASE WE NEED TO CONTACT THEM AND ALL LEGAL FEES THAT RESULT FROM ANY
ACTION THAT TAKE WILL BE PAID BY YOU.
25. Under this
Agreement, The Company agrees to provide to you, and you agree to purchase from
The Company, the product or service described in your Order Form or personal
proposal. You also agree to pay the purchase price, if applicable, shown
on The Company website or in your proposal for the product or service that you
have ordered. If you have purchased a product or service for which there
is an on going subscription or other fee, you agree to pay that fee for so long
as you continue to use The Company product or service. In regards to lead
generation on a pay per lead basis you may cancel the service at any time by
sending an email to The Company at leads@taxpreparationleads.com,
after which you will not be charged any further fees for lead generation. Your
obligation to purchase and pay for also applies to any of The Company's product
and services that are offered to you as a “trial offer” unless and until you
cancel your use of those products or services. If you have agreed to a
long-term subscription of a product or service the cancellation option does not
apply. For lead generation systems no cancellations are accepted other than any
refund promised on your personal proposal.
26. Any of The
Company's publications and any newsletters and other materials that you may
receive from The Company as part of The Company Service (collectively, “The
Company Materials”) are the exclusive property of The Company and are protected
by copyright and other applicable laws. The Company Materials are for your
own personal use, and you cannot copy any portion of The Company Materials
without the written permission of The Company or distribute additional copies
of The Company Materials to others.
27. The Company
may offer you various discounts, savings and other benefits on other products
or services of The Company or its affiliates in connection with your purchase
of The Company Publications or The Company Services. The Company does not
guarantee the availability of particular discounts, savings or other benefits
other than listed on The Company web site or otherwise in writing on specific
products or services, and any discounts, savings or benefits are subject to
change, time limits and conditions as may be determined by The Company in its
discretion from time to time. No additional fees will be charged without
notice.
28. The Company's
products or services and The Company Materials (collectively, “The Company
Products”) are provided for informational purposes only, and what you derive
from your use of The Company Products depends upon your commitment to and
effort in applying any information provided to your business and your diligence
in following up on the leads provided as well as how you deal with potential
customers and customers, quality of service rendered and other
factors. The Company does not represent, warrant or guarantee that you
will achieve any particular results in your business as a result of your
purchase and use of The Company products or services. You acknowledge that
the success of your business depends on the quality of your business concept,
your skills and effort in connection with your business and external factors
such as the general economy.
29. The Company
may offer a time-limited, money-back guarantee or trial offer on some of The
Company's products and/or services. If there is a guarantee or trial
period applicable to The Company products or service that you have purchased,
that guarantee is as set out on this web site page that are you reading now.
With our lead generation service the trial period, if applicable, starts when
you receive your first lead. If during the time-limited period of your
Guarantee period you are not satisfied with The Company product or service you
purchased, The Company will refund the purchase price to you (If
applicable). This is your sole and exclusive remedy against The Company
and The Company’s sole and exclusive liability and obligation to you in
connection with your purchase of any The Company products services or anything
arising out of or relating to that purchase or this Agreement.
30.The exclusion
or limitation of certain liabilities is prohibited by law in some
jurisdictions. Such limitations may apply to you.
31. You represent
that you are of legal age to enter into binding contracts under the laws of the
jurisdiction where you reside.
32. This Agreement
and all related matters will be governed by and interpreted in accordance with
the laws of the State of Massachusetts and the federal laws of the United States applicable therein without regard to
conflict of laws rules. All disputes relating to this Agreement shall be
resolved before the Courts of the State of Massachusetts, and you hereby irrevocably submit to
the jurisdiction of the courts of the State of Massachusetts and waive any objection that you may now
or hereafter have based on inconvenient forum for such proceedings. If any
provision of this Agreement is deemed to be invalid, void, unlawful or
unenforceable for any reason, that provision will be modified in order to make
it enforceable, while maintaining the spirit of the provision, If modification
is not possible such provision will be deemed to be severed from this Agreement
and the remaining provisions will continue in full force and effect without
being impaired or invalidated in any way. This Agreement will ensure to the
benefit of and be binding upon the parties and their respective heirs,
executors, administrators, personal representatives, successors and
assigns. This Agreement sets forth the entire agreement and understanding
of you and The Company with respect to the subject matter of this Agreement and
supersedes any and all previous communications, representations, negotiations,
discussions, agreements or understanding, whether oral or written, between you
and The Company with respect to the subject matter of this Agreement. All
amounts are stated in U.S. dollars. Purchase prices are exclusive of
shipping and handling charges and any applicable taxes, customs or duties.
33.
Notwithstanding any other provision of this Agreement, and to the maximum
extent permitted by applicable law: (a) The Company’s liability (if any)
under this Agreement or otherwise is limited to the purchase price paid by you
for The Company Products, and in no event will The Company be liable to you or
any other person for any indirect, incidental, consequential, special, punitive
or exemplary loss or damage, arising from, connected with, or relating to this
Agreement, the subject matter of this Agreement, any The Company Product or
otherwise, under any theory of liability (whether in contract, tort, strict
liability or any other theory or law or equity), regardless of any negligence
or other fault or wrongdoing (including fundamental breach or gross negligence)
by The Company or any person for whom The Company is responsible, and even if
The Company has been advised of the possibility of such potential loss or
damage being incurred; and (b) in no event will The Company’s total aggregate
liability to You or any other person under this Agreement or otherwise, under
any contract, negligence, strict liability or other legal or equitable theory,
regardless of any negligence or other fault or wrongdoing (including
fundamental breach or gross negligence) by The Company or any person for whom
The Company is responsible, and even if The Company has been advised of the
possibility of such potential loss or damage being incurred, exceed the
purchase price paid by You to The Company for the Materials. In
this paragraph, “The Company”, "The Company's", "We"
or any other way that the company is referred to includes The Company and its past,
present and future directors, officers, employees, agents, representatives,
subcontractors, service providers, successors, permitted assigns, and related
persons.
34. This Agreement
and all related matters will be governed by and interpreted in accordance with
the laws of the State of Massachusetts and the federal laws of the United States applicable therein without regard to
conflict of laws rules. All disputes relating to this Agreement shall be
resolved before the Courts of the State of Massachusetts, and you hereby irrevocably submit to
the jurisdiction of the courts of the State of Massachusetts and waive any objection that you may now
or hereafter have based on inconvenient forum for such proceedings. The
United Nations Convention on the International Sale of Goods will not apply to
this Agreement. If any provision of these Terms and Conditions shall be deemed
unlawful, void or unenforceable, for any reason, by any court of competent
jurisdiction that provision shall be modified in order to make it enforceable,
while maintaining the spirit of the provision. Alternatively, if modification
is not possible, such provision shall be stricken and shall not affect the
validity and enforceability of the remaining terms. The failure of The Company
to exercise or enforce any right or provision of the Terms and Conditions shall
not constitute a waiver of such right or provision.
35. In regards to creating lead generation
systems you must provide The Company with an autoresponder to capture the leads
at your expense. The company will configure the autoresponder for you. Anytime
a guarantee is offered you must provide The Company with a tracking number (so
as to know how many leads came in by telephone.) and pay any and all expenses
associated with the tracking number. If it is deemed that more than one
tracking number is needed you will pay any and all expenses involved as many
tracking numbers as deemed necessary. All calls generated by the websites will
be deemed leads unless proof is offered otherwise. Proof will come in the form
of recording the phone calls. If you do not want to record calls, again, all
calls that come in will be considered leads. The company will configure
tracking numbers for you. First year price of domains is included in pricing.
Renewal of domain names are to be paid for by you. If you want Tax Preparation
leads to continue to host the sites after a year there will be an additional
$10.00 beyond the domain name renewal for this. There will be a onetime fee of
$20.00 per domain to transfer a domain to your own server at any time after any
guarantee period has expired. Guarantee will be limited to the difference
between that value of the leads that were generated from the sites and the
value paid by you to the company. All such lead prices and numbers will be
established in writing (usually in an email) beforehand. In other words if a
lead is valued to be $75.00 and you pay $3,000 for your lead generation system
that would mean, lead If any part of
these terms and conditions are not acceptable to you please feel free to discuss
them with us. Anything we agree on other than what is written here will
superceed the specific clause of these terms and conditions that is different
than what is written here must be covered of domain names are separate for people it is
necessary that
If at any time
it is found that you have made copies of the sites for yourself or anyone
else or given the templates or themes to anyone else for their use you agree to
immediately pay to Lane Kovnat and Tax Preparation Leads $100.00 per site or
whatever the present going price per site is as will be posted at www.taxprepartionleads.com or another site
that may be used along with the liquidated damages of $10,000. (As you may know
liquidated damages means an agreed amount beforehand. As long as you don’t steal
the software this is no issue.)
The Company's Anti-Spam Policy
The Company is committed to
permission-based email marketing practices, and as a result has established
this no-tolerance Anti-Spam Policy. The Company will occasionally update
this Anti-Spam Policy.
1. Spam is commercial email or
unsolicited bulk email, including “junk mail”, which has not been requested by
the recipient. It is intrusive and often irrelevant or offensive, and it
wastes valuable resources. Spam messages are the opposite of
permission-based email, which are normally anticipated, personal, relevant
and/or associated with a pre-existing business or personal
relationship. Inappropriate newsgroup activities, consisting of excessive
posting of the same materials to several newsgroups, are also deemed to be
spam.
2.Preventing Spam. Customers of
The Company's products and services have agreed during their registration
process, upon accepting the Terms of Use, to comply with this Anti-Spam
Policy. Specifically, each customer agrees not to use The Company products
or services to send unsolicited email or bulk email, whether or not for
commercial purposes. The Company reserves the right to determine in its
sole discretion what constitutes actionable spam, as well as what measures are
necessary in response to such spam activities.
3. How The Company Helps You to
Avoid Spamming. The Company has developed its Internet marketing tools to
incorporate a strict permission-based philosophy. This anti-spam
philosophy is implemented through the following:
a. Communication and Agreement –
The Terms of Use that you have agreed to as part of registering for The
Company's products and services state how and for what purposes you can collect
your site visitor addresses, and that you will follow The Company Privacy
Policy and Anti-Spam Policy.
b. Each email created using The
Company products contains an “unsubscribe link”. If your web site visitors
use the link to request that they be unsubscribed, your subscriber lists will
automatically be adjusted to eliminate the prospect of sending unwanted email
to such persons. Additionally, each person on your subscriber list has
the option of unsubscribing through a web-based method provided on The Company web
site. Customers of The Company who try to remove the unsubscribe link
will be warned that they are doing so, and if they persist in having the link
removed or deactivated in any way, then The Company will have the right to
terminate their account.
c. Purchased Mailing Lists -
Mass mailings to purchased email lists are not allowed. The Company only
allows opt-in mailing lists. Purchased or inherited lists are by
definition not opt-in. Similarly, you cannot use an email list relating
to particular subject matter, and then use it for an unrelated topic.
4.Laws Restricting
Spam. Spam laws vary from state to state, and from country to
country. This Company's Anti-Spam Policy has been developed to conform to
the highest commercially reasonable standards. As a result, and without
limiting the general prohibitions against all spam activities, the following
are expressly prohibited:
a. Use of false headers, or
other false information, to identify the point of origin or the transmission
path of the email, or to hide the true origin of the email sender,
b. Unauthorized use of a third
party’s internet domain name without the permission of such third party, to
make it appear that the third party was the point of origin of the email,
c. Use of any false or
misleading information in the subject line of the email, and
d. Assisting any person in using
the products or services of The Company for any of these previously mentioned
activities.
5. Questions to
Ask Yourself
To help in establishing whether
you are participating in activities constituting spam, ask yourself the
following questions:
a. Are you sending email to
non-specific addresses, such as info@domain.com or sales@domain.com?
b. Have you deliberately
falsified your transmission path information or originating address?
c. Are you sending email to
mailing lists or distribution lists, which then send indirectly to various
other email addresses?
d. Have you imported for use a
purchased list of any type?
e. Are you continuing to mail to
anyone who has asked to be deleted from your mailing list?
f. Does your email not provide a
fully functioning link to unsubscribe?
g. Does you email subject line
contain false or misleading information?
h. Have you used a third party’s
email address or domain name without the party’s consent?
If you answer yes to any of
these questions, you are likely involved in spam activities.
6. Measures to Enforce the
Anti-Spam Policy
Any of The Company's customers
found to be using The Company products or services for spamming purposes may,
at The Company’s discretion, be immediately cut off from use of all The Company
products and services and/or fined US$ 1,000 per occurrence, with no refund of
fees that have been paid.
The Company warns all of its
customers when signing up that if they participate in spamming activities they
will be subject to the loss of The Company's services, fines and possible legal
action.
The Company has the right to
actively review its customers’ subscriber lists and email for suspiciously
large broadcasts. If The Company finds any customers to be spamming, it
may issue a warning or reserves the right if the activities are serious enough
to take action immediately if it deems necessary. Such action may include
but is not limited to disabling the customer’s account and/or reporting the
customer and the incident to the proper authorities.
The Company does not attempt to
censor any content, nor to curtail the business of its customers. However,
spam activities do not fall within uses authorized by The Company, and will not
be tolerated.
7.If you believe that you have
received spam from or through The Company’s facilities, please send a complaint
from your email account along with the unsolicited email, with completed
header, to leads@taxpreparationleads.com. Please provide any other
information that you believe may help us in our investigation. The Company
does not investigate or take any action based on “anonymous” spam complaints.
8.False Spam Complaints. The
Company supports the efforts of various organizations working to responsibly
eliminate spam activities. However, if an individual has opted-in to
receive email from a customer of The Company, and then falsely or maliciously
files a spam complaint against The Company or its customers, The Company will
cooperate fully with the appropriate agencies to ban the complainant from use
of anti-spam software and the Internet community.
Privacy statement
The company has established this
Privacy Policy to explain how it protects and manages the personal information
that it collects from you (the customer) online..
1. Consent for Use
and Disclosure
Your use of the company's site
and/or your registration for the company's products and services constitute
your consent to the terms of this Privacy Policy. If you do not agree to the
terms of this Privacy Policy, please do not use the company's site.
The Company may occasionally
update this Privacy Policy. The Company will notify customers by email of
changes to this policy that will affect information collected from them in the
future. In certain circumstances, however, The Company will not inform and
obtain the consent of the customer, such as in connection with an investigation
of a breach of an agreement, contravention of laws, an emergency where the
life, health or security of an individual is threatened, the collection of a
debt or in compliance with the request of a law enforcement agency or a court
order.
A customer may withdraw his or
her consent for use and disclosure at any time by sending an email to
lead@taxpreparationleads.com. Please note that, if you do, The Company may
suspend its provision of products and services to you.
2. Accountability
The Company may collect, at the
time of your registration and/or your sign-on to its web site, certain
“personal information” (information that personally identifies you) including
but not limited to your name, email address, home or work address, telephone
number, and information about your computer hardware and software (e.g., IP
address, operating system, browser type, domain name, URL, access times, and
referring web site addresses).
The Company has implemented this
Privacy Policy to protect personal information received from its customers, and
to respond to any inquiries. The Privacy Policy also provides that The Company
will use appropriate contractual means to establish a comparable level of
protection for personal information which is sent for processing by third
parties on The Company's behalf.
The Company has designated
responsibility for your personal information to its Privacy Officer, who
ensures compliance with the principles in this Privacy Policy. Other
individuals may be delegated to act on behalf of the Privacy Officer.
3. Purposes for
Collecting Personal Information
The Company collects and uses
personal information for the following Identified Purposes:
(a) to understand customer needs
regarding The Company's services;
(b) to develop and provide our
web site and our products and services for our customers;
(c) to fulfill your requests for
products, services or information;
(d) to communicate with
customers and site visitors, when necessary, and to inform customers of
upgrades, as well as of other products and services available from The Company,
its clients, affiliates and third parties;
(e) to allow customers to access
limited-entry areas of The Company's site;
(f) to personalize some of our
services and products for you and to deliver targeted advertisements and offers
from The Company and third parties;
(g) to comply with any
applicable law, regulation, legal process or government request;
(h) to respond to a legitimate
claim, or to address our reasonable belief, that you are violating the rights
of any third party or any of the agreements or policies that govern your use of
The Company site or any of The Company's products or services;
(i) to protect the services,
products or rights of The Company, including but not limited to the security or
integrity of The Company site; and
(j) to identify and resolve
technical problems concerning The Company's site, products and services.
The Company also uses personal
information in an aggregate form (i.e., not individually attributable to you)
for its business analysis, operational, marketing and other promotional
purposes.
If we hire other companies to
provide some products or services on our behalf, then we will only provide
those companies the personal information they need for the Identified Purposes,
and we will limit their rights to use and further disclose your personal
information as appropriate in the course of their work for us.
4. Limiting the
Collection of Personal Information
The Company limits its
collection of personal information to only that information which is necessary
for the Identified Purposes. The Company does not direct its site to, nor does
it knowingly collect any personal information from children under the age of
thirteen.
When you visit The Company web
site, a cookie may be placed on your computer or the cookie may be read if you
have visited The Company site previously. The Company uses cookies to allow The
Company to determine which products and services you have already purchased so
that The Company does not provide redundant information to you, and, if you are
an affiliate of The Company, to track The Company sales made to customers
referred by you so that you can receive compensation under our affiliate
program. If you choose to not have your browser accept cookies from The Company
web site, you may not be able to view all the text on the screens, or to
experience a personalized visit, or to subscribe to certain service and product
offerings on The Company site.
5. Disclosure,
Processing and Retention
The Company does not sell, rent
or disclose your personal information to anyone else, except:
(a) to someone you have
designated to act as your agent, for one or more of the Identified Purposes
(listed in Section 2, above);
(b) to The Company's employees,
independent contractors, subsidiaries, affiliates, consultants, business
associates, service providers, suppliers and agents, acting on The Company's
behalf for any of the Identified Purposes;
(c) as necessary if The Company
has reason to believe that disclosure is necessary to identify, contact or
bring legal action against someone who may be causing injury to or interference
(either intentionally or unintentionally) with The Company's rights or
property, other users of The Company's web site, products or services, or
anyone else that could be harmed by such activities; and
(d) to respond to judicial
process and provide information to law enforcement agencies or in connection
with an investigation on matters related to public safety, as permitted by law,
or otherwise as required by law.
In addition, as we continue to
develop our business, we or our affiliates may sell or buy other businesses or
entities, or we may merge with another company. In such transactions, personal
information may be one of the transferred business assets. Also, in the event
that The Company or substantially all of its assets are acquired, your personal
information may be one of the transferred assets.
Your information may be stored
and processed in the United States, or in any other country in which The
Company or its affiliates, subsidiaries or agents maintain facilities. By using
this web site, you consent to any such transfer of information outside of your
country.
After your account becomes
inactive (that is, if you request to be removed from our database), The Company
will keep your personal information in its archives. Your information will then
be used only as necessary for tax reasons or to prove The Company's compliance
with any applicable law.
6. Accuracy of
Personal Information
The Company will use reasonable
efforts to keep customer personal information accurate for the Identified
Purposes, and for minimizing the possibility of making inappropriate customer
decisions based on such information. Customers are responsible for informing
The Company about changes to their personal information. You can do this by
sending an email. The Company will use new or updated personal information it
receives from customers to update its own records.
7. Security
Safeguards
The Company will use reasonable
efforts to protect customers' personal information.
8. Access to
Personal Information
The Company will afford you a
reasonable opportunity to review the personal information in your file, if you
so request by email.
If The Company is not able to
provide access to some aspect of a customer's personal information, it will
provide reasons for denying access such as; that by doing so would likely
reveal personal information about a third party, or that it is confidential
commercial information or attorney-client privileged communications, or that
the information relates to a breach of an agreement or a contravention of law,
or that its disclosure could reasonably be expected to threaten the life or
security of another individual.
Customers have the right to
request that inaccurate or incomplete information be amended as appropriate, by
contacting The Company or the Privacy Officer as described above. The Company
will promptly correct such personal information.
Your use of our services will
require you to disclose certain personal information about yourself and the
services you require. Upon entering this information it will be used by us our
employees or clients that will need this information to contact or respond to
you, other persons or entities in regard to our business. By calling, providing
your contact information or filling out a contact form requesting that we
contact you, you expressly consent to being contacted by us and our client
Secured Lock and Key by means of telephone, fax, email, mail and other
reasonable means, at the contact numbers, email address and/or address you have
provided. This applies even if you are listed on any federal, state, provincial
or other applicable "Do Not Call" list. This is necessary to provide
the services you requested on this web site.
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Tax
Preparation Leads