TERMS OF SALES AND SERVICE
54 Main Street
Little Falls, NJ 07424
Welcome to the website of Megaleads, LLC, dba megaleads.com (hereinafter “We”, “Us”, “Our”) and thank You for considering Our products and services.
SCREEN NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your Screen Name and Password. Please remember it is Your responsibility to keep this data secure.
Our goal at Megaleads.com is to make Your purchasing experience easy and efficient. The following purchase policies are designed to ensure Your satisfaction and understanding of the purchase process on Megaleads.com. If You have any questions about the information below, please Contact Us.
We offer three levels of programs to fit your needs.
- Silver Level - $49.95 per month for 10,000 downloads; or
- Gold Level - $99.95 per month for 25,000 downloads; or
- Platinum Level - $99.95 per month for 60,000 downloads.
You may use Your downloads for Business Leads, Consumer Leads or Our Advanced People Finder.
When using Your downloads for Business Leads, You will receive any of the following information contained in our data base: company name, primary SIC, description of company, employee size and sales volume.
When using Your downloads for Consumer Leads, You will receive any of the following information contained in our data base: email, first name, last name, address, City, State, Zip code, gender dates stamp and IP address.
When you register at Megaleads.com you will be billed Your Program Pricing every month as a Monthly Subscription to maintain your subscription at Megaleads.com.
RISK FREE TRIAL
Our Risk Free Trial provides you the ability to conduct 5 free searches using the Megaleads site. You can view business sales leads data on the screen, but cannot download the data. Free Trials do not automatically convert into paid subscriptions. If you wish to continue using Megaleads.com after your 5 free searches you will be required to register for full Subscription Privileges.
With the Megaleads system you can automatically append our stored data to your data. If you desire to append data please Contact Us to receive a quote for this service.
Due to the nature of our product, You agree and acknowledge that We maintain a no-refund policy on all products and services offered. If You are dissatisfied with any product or service offered by Us, Your exclusive remedy is to discontinue use of the service without refund of any kind.
We accept several methods of payment to accommodate Your needs, including: American Express, Discover, MasterCard, Visa and company check for enterprise billing.
You hereby authorize us to charge Your credit card for the Monthly Subscription fee. Please note the subscription fee is subject to change at any time beginning with your next Monthly Subscription payment. You will be notified in advance of any changes in your Monthly Subscription fee.
You may cancel Your membership at any time by sending a notice to email@example.com. We may Cancel Your membership at any time for any reason or for no reason.
We hereby claim Megaleads ™ and megaleads.com ™ to be trademarks of Our company.
As indicated by the notice on the bottom of Our Home Page, megaleads.com claims a copyright to the content of this website.
USING GOOD CITIZENSHIP IN REVIEWS, FORUMS, ETC.
You understand and agree that You will not Use Our website to post, email, upload or transmit any content that: is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; nor will it: Impersonate another person or post a photograph of another person as Your image; stalk or otherwise harass another; harm a minor in any way; promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site; Nor will You post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes; Nor will You promote an illegal or unauthorized copy of another person’s copyrighted work; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Nor will You use software that automatically creates user identities; intentionally or unintentionally violate any applicable local, state, national or international law; Nor will You post a review on a business You own, control or are employed by; post inaccurate or misleading information or pictures; or misrepresenting a product or service. You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors.
Digital Millennium Copyright Act
As provided for in the Digital Millennium Copyright Act; If You feel any content on this website violates Your copyrights please contact our designated agent:
54 Main Street
Little Falls, NJ 07006
- by fax or regular U.S. mail (not by email) with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
- Remove or disable the identified infringing material (but maintain a copy for later use);
- Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
- We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
- Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by fax or regular U.S. mail (not email) that includes substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. YOU AGREE, AND ACKNOWLEDGE THAT WE MAINTAIN A NO REFUND POLICY.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law, including but not limited to, the Can-Spam Act of 2003 or the FTC Telemarketing Sales Rules (TSR). Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, including but not limited to, Can-Spam violations or TSR rules, copyright infringement, trademark infringement, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.
RELATIONSHIP OF THE PARTIES
The parties are independent contracting entities, and there is no partnership or agency relationship between them.
INTENDED FOR USERS OVER 18
Our web site is intended for use by individuals 18 years of age or older only. If you are under the age of 18 please leave this site immediately.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting firstname.lastname@example.org prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of New Jersey, and the courts of general jurisdiction located within Passaic County, New Jersey, which will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement was last revised on January 2, 2012.