First Leads Generation Terms of Services and Use Agreement

    This Terms of Services and Use Agreement (“Agreement”) is entered into by and between First Leads Generation Inc., with offices located at 166 Geary St, STE 1500, San Francisco, CA 94108 (hereafter referred to as "Company"), and Subscriber (hereafter “Subscriber”).

    RECITALS

    Company is a provider of lead generation software, lead services, and other related technology solutions. Subscriber is a professional seeking to utilize Company's products and services.

    AGREEMENT

    NOW, THEREFORE, in consideration of the mutual covenants and benefits expressed herein, the parties agree as follows:

    Definitions

    • "Software" refers to any and all software products provided by the Company.
    • "Company Leads" refers to any and all leads sold or provided by the Company to Subscriber.
    • "Subscriptions" represent all products and services purchased from the Company by the Subscriber.
    • "Billing Cycle" is the period between invoices for products and services.

    Modification of Terms

    The Company reserves the right to modify the terms and conditions of this Agreement. Any changes will be communicated to Subscribers via their registered email address. It is the Subscriber's responsibility to regularly check their email for updates. Continued use of the Company's products and services after the effective date of any modifications indicates acceptance of the updated terms. If the Subscriber does not agree with the modifications, they have the right to terminate their subscription in accordance with the termination section of this Agreement.

    Limited Software License

    The Company grants a limited, non-exclusive, non-transferable, revocable license to use the Software. The Subscriber agrees not to share, copy, or redistribute the Software without the express written consent of the Company.

    Company Leads

    • License: The Company grants a limited, non-exclusive, non-transferable, revocable license to Company Leads for which the Subscriber has purchased as part of their Subscriptions.
    • Disclaimer: The Company makes reasonable efforts to provide accurate information in all Company Leads, but assumes no responsibility for errors or inaccuracies.

    Copyright and Intellectual Property Rights

    Subscriber acknowledges that Software and Company Leads are the Company's trade secrets and proprietary products protected under U.S. copyright and intellectual property laws.

    Terms of Subscriptions

    Subscriber authorizes the Company to invoice and process payments according to the chosen Billing Cycle. The agreement automatically renews unless canceled by the Subscriber. See our Privacy Policy for more information on affiliate vendors utilized for payment processing.

    Payment Information and Charges

    The Company charges for subscriptions, setup fees, and overages. All sales are final, and free trials automatically convert to paid subscriptions.

    Additional Services

    Subscriber may engage the Company for additional services, adhering to MLS regulations and laws.

    Confidentiality and Non-Compete

    Subscriber agrees to keep confidential information obtained during the agreement. A non-compete clause restricts the use of Company information for a specified period after termination

    Limitation of Liability

    The Company's liability is limited to the license fee paid by the Subscriber.
    The Company is not liable for loss of profits or consequential damages.
    The Company reserves the right to utilize its data for business development purposes. The Company may exclude data from subscribed reports.
    The Company reserves the right to contact Subscriber via phone, email, and/or mailing address only upon subscriber opt-in.
    The Company does not sell the Subscriber's personal information.

    Accuracy of Data

    Subscriber acknowledges that First Leads does not guarantee 100% accuracy of results but has made reasonable best efforts to ensure accurate information. Subscriber acknowledges that First Leads generates respective geographical data based on availability. Therefore, Subscriber understands there is no expectation of refunds due to inaccuracy of data, or unavailable data due to limited lead data in respective geographical locations for subscribed time period. In the event that First Leads is unable to resolve technical issues, Subscriber may terminate service at anytime with no expectation of a refund of fees.

    Indemnification

    Subscriber agrees to indemnify and hold the Company harmless from any third-party claims relating to their account.

    Force Majeure

    The Company is not responsible for disruptions caused by events beyond its control.

    Survivorship

    Warranties, representations, and agreements survive the termination of this Agreement, binding successors and assigns.

    Governing Law

    This Agreement is governed by the laws of the State of California.

    Termination

    The Company reserves the right to terminate service at its discretion. Subscriber may terminate their subscription services directly in Dashboard or request termination of subscription via email.

    General

    The correct spelling of the Company is "First Leads Generation."

    Copyright © 2023 First Leads Generation Inc. All rights reserved.