Terms of Service for TradesNearMe Lead Gen

Last Updated: October 26, 2023

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1. Introduction

Welcome to TradesNearMe Lead Gen! These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications (collectively, the "Service") provided by TradesNearMe Lead Gen ("we," "us," or "our"). Our Service is designed to connect service providers ("you," "Service Provider") with potential customers seeking various trade services ("Leads").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Acceptance of Terms

By registering for an account, accessing, or using the Service, you signify your agreement to these Terms, which constitute a legally binding agreement between you and TradesNearMe Lead Gen. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

3. Description of Service

TradesNearMe Lead Gen provides a platform that generates and delivers qualified leads to Service Providers. We use various methods, including online advertising, search engine optimization, and partnerships, to identify individuals and businesses who have expressed interest in specific trade services. These expressions of interest are then compiled into "Leads" and offered to Service Providers who match the criteria.

4. Service Provider Accounts

4.1 Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. TradesNearMe Lead Gen cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4.3 Eligibility

You must be a legitimate service provider with the necessary licenses, certifications, and insurance required to perform the services you offer. We reserve the right to verify your credentials and may suspend or terminate your account if we find any discrepancies or misrepresentations.

5. Lead Generation and Usage

5.1 Lead Quality

We strive to provide quality leads, but we do not guarantee the accuracy, completeness, or conversion rate of any lead. A "Lead" is defined as contact information for a potential customer who has expressed interest in a service. The ultimate success of converting a lead into a paying customer depends on your sales skills, pricing, availability, and other factors outside our control.

5.2 Lead Disputes

If you believe a lead is invalid (e.g., incorrect contact information, duplicate lead within a specified period, outside your service area), you may dispute the lead according to our Lead Dispute Policy, which is incorporated herein by reference. Eligibility for lead credits or refunds is at our sole discretion.

5.3 Permitted Use of Leads

Leads provided through the Service are for your exclusive use in pursuing business opportunities directly related to the services you offer. You agree not to:

6. Payment Terms

6.1 Pricing

The pricing for leads or lead packages will be clearly displayed on the Service. Prices are subject to change, but changes will not affect leads already purchased or active subscriptions until their next renewal period.

6.2 Billing and Payment

You agree to pay all fees and charges associated with your account in accordance with the billing terms in effect at the time the fee or charge becomes payable. Payments may be processed through third-party payment processors. You authorize us to charge your chosen payment method for all applicable fees.

6.3 Refunds

All sales are final, except as explicitly provided in our Lead Dispute Policy or as required by applicable law. We do not offer refunds for unused lead credits or cancelled subscriptions, unless otherwise stated.

6.4 Late Payments

Failure to pay invoices when due may result in the suspension or termination of your account and access to the Service. We reserve the right to charge interest on overdue amounts at the maximum rate permitted by law.

7. Service Provider Obligations

As a Service Provider, you agree to:

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you and the data we process on your behalf. By using the Service, you agree to the terms of our Privacy Policy.

You are responsible for ensuring your own compliance with all applicable data protection and privacy laws when handling customer data obtained through our Service.

9. Intellectual Property

All content, trademarks, service marks, logos, and intellectual property displayed on the Service are the property of TradesNearMe Lead Gen or its licensors. You may not use, reproduce, distribute, or create derivative works from any content without our express written permission.

You grant TradesNearMe Lead Gen a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, and display any content you submit to the Service (e.g., company profile, service descriptions) for the purpose of operating and promoting the Service.

10. Disclaimers

THE SERVICE AND ALL LEADS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRADESNEARME LEAD GEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT LEADS WILL BE OF A CERTAIN QUALITY OR CONVERT INTO SALES.

WE DO NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT THE SERVICE PROVIDERS USING OUR PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH LEADS AND FOR THE SERVICES YOU PROVIDE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADESNEARME LEAD GEN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRADESNEARME LEAD GEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRADESNEARME LEAD GEN EXCEED THE AMOUNT PAID BY YOU TO TRADESNEARME LEAD GEN FOR THE LEADS OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless TradesNearMe Lead Gen and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your violation of these Terms; (c) your interaction with any Lead; (d) your provision of services to any Lead; or (e) your violation of any applicable law or the rights of any third party.

13. Termination

We may suspend or terminate your access to and use of the Service, at our sole discretion, at any time and without notice or liability to you, if you breach any of these Terms. Upon termination, your right to use the Service will immediately cease.

You may cancel your account at any time by contacting us, subject to any outstanding payment obligations.

14. Changes to Terms

We reserve the right to modify or update these Terms at any time. If we make changes, we will notify you by revising the "Last Updated" date at the top of these Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Company's Legal Jurisdiction, e.g., the State of California], without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in [City, State/Country, e.g., San Francisco, California].

You agree to first attempt to resolve any dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, either party may bring a formal proceeding.

16. Contact Information

If you have any questions about these Terms, please contact us at:

TradesNearMe Lead Gen
[Your Company's Full Legal Address]
Email: support@tradesnearme.com
Phone: [Your Company's Phone Number]

Content Attribution: All content on TradesNearMe Lead Gen is original. External sources are attributed where applicable. Trademarks belong to their respective owners.

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