HECM Leads Terms & Conditions


Welcome to HECM Leads website. Please carefully review the following rules that govern your use of oour website, HECMleads.com.

This Terms and Conditions of Use Agreement (the “Terms of Use”) is a legal agreement between you and Pay-Per-Leads., the legal name of the owner of the Site, a California corporation (together with its related, affiliated, or subsidiary companies, “HECM Leads?”, “we”, or “us”).

By using this Site, you signify that you have read and understand, and agree to be bound by, these Terms of Use, regardless of whether you are a registered user of our Site. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AND SERVICES AGREEMENT (“Agreement”) BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE LOCATED AT WWW.HECMLEADS.COM, ANY HECMLEADS SOCIAL MEDIA PAGES, AND ALL INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, AND/OR MATERIALS LOCATED THEREON.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR OTHER POLICIES, DO NOT USE THE SITE.

If you have any questions, complaints or suggestions regarding our Terms of Use or practices, please contact us at info@HECMleads.com.


Changes to Terms


HECM Leads may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes. It is your responsibility to check these Terms of Use and our other Policies periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

HECM Leads may, at any time and without notice, modify or discontinue the Site. You acknowledge and agree that we will have no obligation of any sort to you in connection with any such modification or discontinuance.

The materials contained in this web site are protected by applicable copyright and trade mark law.


Acceptance of Agreement


You agree that this Agreement constitutes the entire and only agreement between HECM Leads and you. Information on the Site is not intended as an offer or commitment to enter into an agreement with you. We reserves the right to refuse to provide our products and services to anyone at anytime. This Agreement may be amended at any time without notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.  If there is any conflict between these Terms of Use and such other agreements, the other agreement will control with respect to the specific aspects of HECM Leads products to which it applies.


Membership


Your membership, which may start with a free lead trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the HECM Leads service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. We reserve the right, in its absolute discretion, to determine your free trial eligibility.


Billing


By “Getting Stared” on your membership at HECM Leads and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the HECM Leads service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

For more information and to view details of your membership, including your ongoing monthly membership price, you may view your billing details on the “Dashboard” page once you’re logged in. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you. You will not receive a notice from monthly of your recurring membership dues and they will be automatically withdrawn from your designated Payment Method.   Should you wish to cancel, simply login to your dashboard on our website to find cancellation instructions.


Authorized Users


This Site is intended solely for users who are 18 years of age or older, and any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. HECM Leads does not knowingly collect information from persons under the age of 18.

By using the Site, you represent and warrant (i) that you are 18 or older, (ii) that you are legally qualified to enter into contracts under applicable law, and (iii) that you agree to, and to abide by, all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, or for any other reason, We may at any time in its sole discretion, with or without notice, (i) delete your account and any content or information that you have posted on the Site and/or (ii) prohibit you from using or accessing the Site. You agree that HECM Leads will not be liable to you or any third party for any termination of your account.


Account Access


Herein referred to as the Account Owner is the member who created the HECM Leads account established a Payment Method. The Account Owner has access and control over the HECM Leads account. Control is exercised through use of the Account Owner’s login and password, maintaining exclusive control. Maintaining the truth and accuracy of the information you provide to us relating to your account is the Account Owners responsibility. We reserve the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.


Third Party Websites


When you access third party resources on the Internet, you do so at your own risk. This Site may contain links to outside services and resources, the availability and content of which HECM Leads does not control. Such links are provided for your reference and convenience only. We are not responsible for examining or evaluating, and we do not warrant or endorse, the offering of these businesses or individuals or the content of their web sites. HECM Leads does not assume any responsibility or liability for the actions, products, and content of these or any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.


Disclaimer


THE PROPERTIES ARE PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  HECMLEADS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PROPERTIES FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. The Site may be temporarily unavailable from time to time for maintenance, system upgrades or other reasons. HECMLEADS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APP WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS AND/OR NEEDS.  THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE PROPERTIES. HECM Leads is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property related in any way from your use of the Site.


Services


You understand and agree that if you request a product or service other than a financial product such as Real Estate brokerage assistance offered through the Service, HECM Leads will share your information with those business partners necessary to complete your request. You also agree that our business partners may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. You understand that HECM Leads business partners may retain the information you submitted to HECM Leads whether you elect to use their services or not. If you no longer want to receive communications from HECM Leads business partner, you agree to notify the partner directly.


Cookies


We employ the use of cookies. By using HECMleads.com website you consent to the use of cookies in accordance with our privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.


License


HECM Leads grants to you a personal, non-exclusive, non-transferable, limited license to access and use the Site in accordance with these Terms of Use. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of this Site not specifically permitted under these Terms of Use is expressly prohibited. This license is revocable by HECM Leads at any time without notice and with or without cause.


Revisions and Errata


HECM Leads assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We will not be liable for any loss that results from (i) the failure of electronic or mechanical equipment or communication lines, (ii) telephone network issues, (iii) viruses, bugs, errors, configuration problems or the incompatibility of computer hardware or software, (iv) the failure or unavailability of Internet access, (v) problems with Internet service providers or other equipment or services relating to your computer or network, (vi) problems with computer or communications networks or facilities, (vii) problems with data transmission facilities or your telephone, cable or wireless service, or (viii) unauthorized access, theft, operator error, severe weather, earthquakes, or other natural disasters or labor disputes. HECM Leads is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property related in any way from your use of the Site.


Site Terms of Use Modifications


HECM Leads reserves the right in its sole discretion, to change, modify, add, or remove portions of these Terms of Use and our other Policies at any time, without notice. It is your responsibility to check these Terms of Use and the other Policies periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

HECM Leads may, at any time and without notice, modify or discontinue the Site. You acknowledge and agree that we will have no obligation of any sort to you in connection with any such modification or discontinuance.


Governing Law and Jurisdiction


These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America.  You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts California. Any claim you might have against HECM Leads must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  In any legal proceeding brought by HECM Leads, we shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which we may be entitled.


Reservation of Rights


We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.


NO WARRANTY


YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HECMLEADS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ROM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.


Limitation of Liability


HECM Leads liability is limited. We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website.

EXCEPT WHERE PROHIBITED BY LAW, NONE OF THE HECMLEADS PARTIES SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HECMLEADS AND YOU, AND THAT THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.


Indemnity


By using the Site, you agree to defend, indemnify, and hold harmless the HECM Leads Parties from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees and costs) arising out of or relating to (i) your use of this Site or the Content, (ii) your breach of these Terms of Use or (iii) your submission to us of incomplete, inaccurate or untimely Application Data or other information. Our Parties reserve the right to assume or participate through the counsel of their choice, at your expense, in the investigation, settlement and defense of any such action or claim.


CONTACT INFORMATION.


If you have any questions regarding this Agreement and/or the Properties, please contact HECM Leads at info@HECMleads.com

 

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