Terms of Service
By executing a purchase of lead(s) from the CanadaLeads.ca store (hereinafter, "Web Site") owned and operated by Entra Marketing Ltd.(hereinafter "Entra Marketing"), the Purchaser (hereinafter "You") acknowledges and agrees to the following terms and conditions.
PRICING
All prices are in $CAD.
REGISTERING FOR SERVICE
Registration is free of charge to eligible members. You may only register one time for our service. You may set up multiple accounts for one company if you need to have an account for each appropriate employee or team member (e.g. loan officer / credit counsellor) at your company.
BUYING LEADS
There are currently two service levels available to you: Automatically Routed Leads and Manually selected leads. Both levels of service can be chosen at any time.
Lead costs vary depending on the type of service you request and the type of lead requested. Regardless of the level of service and type of lead requested, if you decide to buy leads, the price for the leads will be based on the CanadaLeads.ca pricing schedule in effect at the time you buy the leads.
YOUR PURCHASE IS A BINDING CONTRACT subject to the guarantee, return and refund policies and other terms of service set forth herein. Your account will be immediately debited for the total purchase amount based upon the current market price for the leads as stated in the CanadaLeads.ca pricing schedule in effect at the time you buy the leads.
FUNDING YOUR ACCOUNT
We offer two methods by which you may fund your account.
(1) Credit card or Paypal: There is a fifty ($50) dollar minimum for funding an account via credit card or Paypal.
(2) Check or Draft: There is a one hundred ($100) dollar minimum for funding an account via check or draft. Your account will be credited once the payment clears.
If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under these Terms of Service.
LEAD CONTENT QUALITY GUARANTEE
Automatically Routed Leads: Lead costs are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you IN REAL TIME based upon the filter criteria you choose. When a reference is made on our web site as to the age of a lead, that age is stated in terms of calendar days.
Web site Leads: Under this option, you can manually choose the leads you wish to purchase each time you log in to your account.
We guarantee 100% that all data which is provided to us by the consumer is delivered to you in a timely and accurate manner.
However, please be aware that the actual data provided within each lead is provided by the consumer and not CanadaLeads.ca.
In general the valid consumers are eager for a quote and/or followup and thus will provide legitimate data to us. However, what they provide via our marketing system is ultimately provided by them. Thus, we cannot 100% guarantee the data contained in a lead. This includes their email address, their stated home value, requested loan amount, credit quality, or other data provided.
LEAD POTENTIAL
In addition, how you approach and handle each lead is up to you and not under the control of CanadaLeads.ca. As such, WE DO NOT GUARANTEE YOUR RESULTS OR THAT YOU WILL FUND ANY LOANS WITH OUR LEADS.
Since our leads could be non-exclusive (e.g. they visited another lead gen site out of our control), the consumer may have started a loan process with another loan officer, so this is not a valid reason for a dispute. We recommend contacting the consumer as soon as you get the lead so you can be the first to earn their business.
However, we find that brokers still have a great return on their investment on our leads.
OUR LEAD REFUND POLICY
Automatically Routed Leads: Lead costs are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you based upon the filter criteria you choose. When a reference is made on our web site as to the age of a lead, that age is stated in terms of calendar days.
Web site Leads: Under this option, you must manually choose the leads you wish to purchase each time you log in to your account.
Data provided within a lead is input by the consumer and not CanadaLeads.ca. We do not guarantee the data contained in a lead or that their email address is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates entered by the consumer when completing the application. How you approach and handle each lead is up to you and not under the control of CanadaLeads.ca. As such, WE DO NOT GUARANTEE YOU RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS.
Since these leads may be non-exclusive, there is a chance the customer may already be working with another Loan Officer so this is not a valid reason for you to dispute the lead. However, we find that brokers still have a great return on their investment on our older leads. We recommend contacting the consumer as soon as you get the lead so you can be the first to earn their business. Additional strategy tips are provided once you sign up.
Leads are returnable for a credit within 5 calendar days from the day you purchased the lead under the same criteria as above. We guarantee each lead to have a valid name, and one valid contact phone number. We will credit your account the amount you paid for any Web site lead that contains false or incomplete contact information promised above.
We do not guarantee that the customer has not changed their mind or that they have not already refinanced with another broker. These leads are discounted to accommodate for such circumstances. As they are older leads, previously distributed leads, these situations are likely to occur. CanadaLeads.ca reserves the right to monitor your returns and change or adjust this policy without notice so you are encouraged to review these Terms of Service periodically. CanadaLeads.ca, reserves the right to verify your dispute is rational and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand and no credit will be issued. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
REFUND PROCESS
To request a credit or refund simply use our contact form on the website here and include the full lead information, your credit or refund justification, and your account login id (email).
ACTIVE AND INACTIVE ACCOUNT POLICY
Accounts that are not logged into for 3 months or more are deemed inactive, disabled, and forfeit any gifts and deposit bonuses which were applied to the account. If you wish to close your account and it is not yet inactive, you can request a credit for unused deposited funds. Inactive accounts can be re-activated upon request within 3 months from time of inactivation. If an inactive account has not been requested to be re-instated after an additional 3 months (i.e. 3 months from time of disabling), then the account will be charged an inactivity fee equal to the remaining balance in the account.
POLICY REVISIONS
CanadaLeads.ca reserves the right to monitor your returns and change or adjust this policy without notice so you are encouraged to review these Terms of Service periodically.
CanadaLeads.ca, reserves the right to verify your dispute and in our sole discretion, determine if your dispute is valid.
In the event your dispute is determined to be without merit, the charge for the valid lead will stand and no credit will be issued. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
MARKETPLACE SCOPE
Entra Marketing and the Web Site are not involved in any actual transactions between consumers and Purchasers.
As a result, Entra Marketing and the Web Site have no control over the ability of consumers to purchase items. Entra Marketing and the Web Site cannot and do not control whether or not consumers will complete the purchase of items for which they have requested proposals or quotes.
Because user authentication on the Internet is difficult, Entra Marketing cannot and does not guarantee that each consumer or Purchaser is who he or she claims to be. Consumers and Purchasers will be able to communicate directly with each other before any transaction is complete. In the event the consumer has a dispute with one or more Purchasers, the Purchaser releases Entra Marketing and its agents and employees from claims, demands, and damages arising out of or in any way connected with that dispute.
YOUR OBLIGATIONS CONTACTING PROSPECTS
If you take delivery of leads you agree to the following:
(1) to contact the borrower in a timely fashion;
(2) to offer the prospective borrower your most competitive rates;
(3) to offer the prospective borrower you highest level of professional service;
(4) to respect a prospective borrowers privacy and if received, their demand to be removed from any future contact list by you and to report their demand to CanadaLeads.ca via e-mail at customercare@CanadaLeads.ca within ten (10) business days of your receipt of the request.
(5) To respect the Canadian Anti-Spam Laws in effect as of July 1, 2014. Please note that you may only communicate with the prospect regarding the specific enquiry they made. NB: Unless you have been given permission by the contact during your initial handling of their enquiry, you are not entitled to add the contact's information to your own database for other marketing (e.g. "drip newsletter mailings").
(6) To not resell the lead information to anyone.
(7) To not give the lead information to anyone unless they are acting on your behalf.
CONFIDENTIAL INFORMATION
The data form provided to you by CanadaLeads.ca is proprietary to CanadaLeads.ca and thus provided to you in confidence and for your individual business use only under this contract.
YOU MUST KEEP ALL LEAD DATA CONFIDENTIAL.
You may use the Lead data provided only for the business purpose contemplated under this Agreement. You may tell the prospective borrower that you got their quote request from BestMortgageOffers.ca, however, without the prior written permission of CanadaLeads.ca you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective borrower or any other third party for any reason nor may you resell the data.
USER'S RESPONSIBILITIES
You agree that you will not use CanadaLeads.ca or CanadaLeads.ca data for any unauthorized use including but not limited to chain letters, junk mail, "spamming", telephone solicitations in violation of any provincial or state Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process.
You further agree not to use CanadaLeads.ca or CanadaLeads.ca data to send any messages or materials that are unlawful, considered an act(s) against public policy, discrimination of any kind, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, state, national or international law or regulation. CanadaLeads.ca reserves the right to terminate UserÃs account immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You will be provided a confidential account ID number by CanadaLeads.ca and be allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED BY CanadaLeads.ca TO USE YOUR ACCOUNT ID AND PASSWORD. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify CanadaLeads.ca of any unauthorized use of your account. Unless otherwise agreed to in writing, you will not be entitled to a return credit or refund for Lead(s) purchased through your account prior to you notifying us of an unauthorized use.
CONSENT TO COMMUNICATION FROM US
You consent to allow us to contact you regarding lead notifications, other related offers, transactional information regarding your account, and any other customer service related communications we deem necessary to contact you as a member of our site. Should you no longer wish communications from us simply send an email to us using the form on our website http://www.canadaleads.ca and indicate you would like to close your account permanently.
LINKS
Some Links on the CanadaLeads.ca web site may let you leave the CanadaLeads.ca web site. You understand the linked sites are not under the control of CanadaLeads.ca and CanadaLeads.ca is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. CanadaLeads.ca is not responsible for web casting or any other form of transmission received from any linked site. CanadaLeads.ca is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CanadaLeads.ca of the linked site or any association with their operators.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE CANADALEADS.CA SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CANADALEADS.CA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE CanadaLeads.ca SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CanadaLeads.ca, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CANADALEADS.CA, ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CANADALEADS.CA SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE CANADALEADS.CA SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CANADALEADS.CA RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT CANADALEADS.CA IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM CANADALEADS.CA AND ITS AFFILIATES.
Limitation of Liability IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF CANADALEADS.CA, ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
FORCE MAJEURE
Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform.
COPYRIGHT AND TRADEMARKS
All contents of the CanadaLeads.ca Web Site are proprietary to Entra Marketing Ltd. its successors and assigns, and/or its suppliers and are protected under Canadian, U.S.A. and international Copyright and Trademark laws. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this web site for your personal records to be used as a reference.
TERM OF AGREEMENT AND TERMINATION
This Agreement shall remain in force and effect as long as you hold an account with CANADALEADS.CA. This Agreement is automatically renewed each time you access the CANADALEADS.CA Web Site and/or log-in to your account and/or use our services. You may close your account at any time and terminate this Agreement by providing not less than ten (10) days prior written notice sent by traditional postal service mail, courier or facsimile to CANADALEADS.CA of your desire to cancel your account. Absent such a voluntary cancellation this agreement may be terminated immediately by either party:
1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
2) At any time upon written notice (including electronic mail) with or without cause by CANADALEADS.CA in the event of a material breach by you of any of the Terms of Service set forth herein.
3) Upon written notice to the other party if such party reasonably believes that (1) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (2) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
GOVERNING LAW
British Columbia law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the Province of British Columbia.
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
MODIFICATION OF TERMS
CANADALEADS.CA reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the CANADALEADS.CA Web Site. You are responsible for regularly reviewing these documents. Continued use of the CANADALEADS.CA Web Site after any such changes shall constitute your consent to such changes. CANADALEADS.CA does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.
INDEPENDENT COUNSEL
You're establishing of an account and/or your use of the CANADALEADS.CA Web Site is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
MISCELLANEOUS
Entra Marketing does not approve of, or endorse, any product or service by including the Purchaser in its Purchaser database. Entra Marketing may include entries for any other person or Purchaser at any time. The Purchaser relationship is intended, created and governed by this agreement according to the laws of the Province of British Columbia. This agreement between Entra Marketing and the Purchaser is the only agreement and supersedes any other verbal or written agreements regarding the subject matter of this Agreement.
Purchaser agrees that leads purchased on the Web site are for its (Purchaser's) internal use only. Purchaser agrees not to re-sell, re-distribute or make available any information obtained through the Web site without prior written consent of Entra Marketing. Purchaser acknowledges that any unauthorized distribution of the leads purchased on the Web site may cause the termination of Purchasers account, forfeiture of any credits and opportunity to purchase leads in the future.
By executing a purchase of lead(s) from the CanadaLeads.ca store (hereinafter, "Web Site") owned and operated by Entra Marketing Ltd.(hereinafter "Entra Marketing"), the Purchaser (hereinafter "You") acknowledges and agrees to the following terms and conditions.
PRICING
All prices are in $CAD.
REGISTERING FOR SERVICE
Registration is free of charge to eligible members. You may only register one time for our service. You may set up multiple accounts for one company if you need to have an account for each appropriate employee or team member (e.g. loan officer / credit counsellor) at your company.
BUYING LEADS
There are currently two service levels available to you: Automatically Routed Leads and Manually selected leads. Both levels of service can be chosen at any time.
Lead costs vary depending on the type of service you request and the type of lead requested. Regardless of the level of service and type of lead requested, if you decide to buy leads, the price for the leads will be based on the CanadaLeads.ca pricing schedule in effect at the time you buy the leads.
YOUR PURCHASE IS A BINDING CONTRACT subject to the guarantee, return and refund policies and other terms of service set forth herein. Your account will be immediately debited for the total purchase amount based upon the current market price for the leads as stated in the CanadaLeads.ca pricing schedule in effect at the time you buy the leads.
FUNDING YOUR ACCOUNT
We offer two methods by which you may fund your account.
(1) Credit card or Paypal: There is a fifty ($50) dollar minimum for funding an account via credit card or Paypal.
(2) Check or Draft: There is a one hundred ($100) dollar minimum for funding an account via check or draft. Your account will be credited once the payment clears.
If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under these Terms of Service.
LEAD CONTENT QUALITY GUARANTEE
Automatically Routed Leads: Lead costs are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you IN REAL TIME based upon the filter criteria you choose. When a reference is made on our web site as to the age of a lead, that age is stated in terms of calendar days.
Web site Leads: Under this option, you can manually choose the leads you wish to purchase each time you log in to your account.
We guarantee 100% that all data which is provided to us by the consumer is delivered to you in a timely and accurate manner.
However, please be aware that the actual data provided within each lead is provided by the consumer and not CanadaLeads.ca.
In general the valid consumers are eager for a quote and/or followup and thus will provide legitimate data to us. However, what they provide via our marketing system is ultimately provided by them. Thus, we cannot 100% guarantee the data contained in a lead. This includes their email address, their stated home value, requested loan amount, credit quality, or other data provided.
LEAD POTENTIAL
In addition, how you approach and handle each lead is up to you and not under the control of CanadaLeads.ca. As such, WE DO NOT GUARANTEE YOUR RESULTS OR THAT YOU WILL FUND ANY LOANS WITH OUR LEADS.
Since our leads could be non-exclusive (e.g. they visited another lead gen site out of our control), the consumer may have started a loan process with another loan officer, so this is not a valid reason for a dispute. We recommend contacting the consumer as soon as you get the lead so you can be the first to earn their business.
However, we find that brokers still have a great return on their investment on our leads.
OUR LEAD REFUND POLICY
Automatically Routed Leads: Lead costs are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you based upon the filter criteria you choose. When a reference is made on our web site as to the age of a lead, that age is stated in terms of calendar days.
Web site Leads: Under this option, you must manually choose the leads you wish to purchase each time you log in to your account.
Data provided within a lead is input by the consumer and not CanadaLeads.ca. We do not guarantee the data contained in a lead or that their email address is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates entered by the consumer when completing the application. How you approach and handle each lead is up to you and not under the control of CanadaLeads.ca. As such, WE DO NOT GUARANTEE YOU RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS.
Since these leads may be non-exclusive, there is a chance the customer may already be working with another Loan Officer so this is not a valid reason for you to dispute the lead. However, we find that brokers still have a great return on their investment on our older leads. We recommend contacting the consumer as soon as you get the lead so you can be the first to earn their business. Additional strategy tips are provided once you sign up.
Leads are returnable for a credit within 5 calendar days from the day you purchased the lead under the same criteria as above. We guarantee each lead to have a valid name, and one valid contact phone number. We will credit your account the amount you paid for any Web site lead that contains false or incomplete contact information promised above.
We do not guarantee that the customer has not changed their mind or that they have not already refinanced with another broker. These leads are discounted to accommodate for such circumstances. As they are older leads, previously distributed leads, these situations are likely to occur. CanadaLeads.ca reserves the right to monitor your returns and change or adjust this policy without notice so you are encouraged to review these Terms of Service periodically. CanadaLeads.ca, reserves the right to verify your dispute is rational and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand and no credit will be issued. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
REFUND PROCESS
To request a credit or refund simply use our contact form on the website here and include the full lead information, your credit or refund justification, and your account login id (email).
ACTIVE AND INACTIVE ACCOUNT POLICY
Accounts that are not logged into for 3 months or more are deemed inactive, disabled, and forfeit any gifts and deposit bonuses which were applied to the account. If you wish to close your account and it is not yet inactive, you can request a credit for unused deposited funds. Inactive accounts can be re-activated upon request within 3 months from time of inactivation. If an inactive account has not been requested to be re-instated after an additional 3 months (i.e. 3 months from time of disabling), then the account will be charged an inactivity fee equal to the remaining balance in the account.
POLICY REVISIONS
CanadaLeads.ca reserves the right to monitor your returns and change or adjust this policy without notice so you are encouraged to review these Terms of Service periodically.
CanadaLeads.ca, reserves the right to verify your dispute and in our sole discretion, determine if your dispute is valid.
In the event your dispute is determined to be without merit, the charge for the valid lead will stand and no credit will be issued. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
MARKETPLACE SCOPE
Entra Marketing and the Web Site are not involved in any actual transactions between consumers and Purchasers.
As a result, Entra Marketing and the Web Site have no control over the ability of consumers to purchase items. Entra Marketing and the Web Site cannot and do not control whether or not consumers will complete the purchase of items for which they have requested proposals or quotes.
Because user authentication on the Internet is difficult, Entra Marketing cannot and does not guarantee that each consumer or Purchaser is who he or she claims to be. Consumers and Purchasers will be able to communicate directly with each other before any transaction is complete. In the event the consumer has a dispute with one or more Purchasers, the Purchaser releases Entra Marketing and its agents and employees from claims, demands, and damages arising out of or in any way connected with that dispute.
YOUR OBLIGATIONS CONTACTING PROSPECTS
If you take delivery of leads you agree to the following:
(1) to contact the borrower in a timely fashion;
(2) to offer the prospective borrower your most competitive rates;
(3) to offer the prospective borrower you highest level of professional service;
(4) to respect a prospective borrowers privacy and if received, their demand to be removed from any future contact list by you and to report their demand to CanadaLeads.ca via e-mail at customercare@CanadaLeads.ca within ten (10) business days of your receipt of the request.
(5) To respect the Canadian Anti-Spam Laws in effect as of July 1, 2014. Please note that you may only communicate with the prospect regarding the specific enquiry they made. NB: Unless you have been given permission by the contact during your initial handling of their enquiry, you are not entitled to add the contact's information to your own database for other marketing (e.g. "drip newsletter mailings").
(6) To not resell the lead information to anyone.
(7) To not give the lead information to anyone unless they are acting on your behalf.
CONFIDENTIAL INFORMATION
The data form provided to you by CanadaLeads.ca is proprietary to CanadaLeads.ca and thus provided to you in confidence and for your individual business use only under this contract.
YOU MUST KEEP ALL LEAD DATA CONFIDENTIAL.
You may use the Lead data provided only for the business purpose contemplated under this Agreement. You may tell the prospective borrower that you got their quote request from BestMortgageOffers.ca, however, without the prior written permission of CanadaLeads.ca you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective borrower or any other third party for any reason nor may you resell the data.
USER'S RESPONSIBILITIES
You agree that you will not use CanadaLeads.ca or CanadaLeads.ca data for any unauthorized use including but not limited to chain letters, junk mail, "spamming", telephone solicitations in violation of any provincial or state Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process.
You further agree not to use CanadaLeads.ca or CanadaLeads.ca data to send any messages or materials that are unlawful, considered an act(s) against public policy, discrimination of any kind, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, state, national or international law or regulation. CanadaLeads.ca reserves the right to terminate UserÃs account immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You will be provided a confidential account ID number by CanadaLeads.ca and be allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED BY CanadaLeads.ca TO USE YOUR ACCOUNT ID AND PASSWORD. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify CanadaLeads.ca of any unauthorized use of your account. Unless otherwise agreed to in writing, you will not be entitled to a return credit or refund for Lead(s) purchased through your account prior to you notifying us of an unauthorized use.
CONSENT TO COMMUNICATION FROM US
You consent to allow us to contact you regarding lead notifications, other related offers, transactional information regarding your account, and any other customer service related communications we deem necessary to contact you as a member of our site. Should you no longer wish communications from us simply send an email to us using the form on our website http://www.canadaleads.ca and indicate you would like to close your account permanently.
LINKS
Some Links on the CanadaLeads.ca web site may let you leave the CanadaLeads.ca web site. You understand the linked sites are not under the control of CanadaLeads.ca and CanadaLeads.ca is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. CanadaLeads.ca is not responsible for web casting or any other form of transmission received from any linked site. CanadaLeads.ca is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CanadaLeads.ca of the linked site or any association with their operators.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE CANADALEADS.CA SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CANADALEADS.CA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE CanadaLeads.ca SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CanadaLeads.ca, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CANADALEADS.CA, ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CANADALEADS.CA SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE CANADALEADS.CA SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CANADALEADS.CA RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT CANADALEADS.CA IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM CANADALEADS.CA AND ITS AFFILIATES.
Limitation of Liability IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF CANADALEADS.CA, ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
FORCE MAJEURE
Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform.
COPYRIGHT AND TRADEMARKS
All contents of the CanadaLeads.ca Web Site are proprietary to Entra Marketing Ltd. its successors and assigns, and/or its suppliers and are protected under Canadian, U.S.A. and international Copyright and Trademark laws. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this web site for your personal records to be used as a reference.
TERM OF AGREEMENT AND TERMINATION
This Agreement shall remain in force and effect as long as you hold an account with CANADALEADS.CA. This Agreement is automatically renewed each time you access the CANADALEADS.CA Web Site and/or log-in to your account and/or use our services. You may close your account at any time and terminate this Agreement by providing not less than ten (10) days prior written notice sent by traditional postal service mail, courier or facsimile to CANADALEADS.CA of your desire to cancel your account. Absent such a voluntary cancellation this agreement may be terminated immediately by either party:
1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
2) At any time upon written notice (including electronic mail) with or without cause by CANADALEADS.CA in the event of a material breach by you of any of the Terms of Service set forth herein.
3) Upon written notice to the other party if such party reasonably believes that (1) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (2) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
GOVERNING LAW
British Columbia law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the Province of British Columbia.
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
MODIFICATION OF TERMS
CANADALEADS.CA reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the CANADALEADS.CA Web Site. You are responsible for regularly reviewing these documents. Continued use of the CANADALEADS.CA Web Site after any such changes shall constitute your consent to such changes. CANADALEADS.CA does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.
INDEPENDENT COUNSEL
You're establishing of an account and/or your use of the CANADALEADS.CA Web Site is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
MISCELLANEOUS
Entra Marketing does not approve of, or endorse, any product or service by including the Purchaser in its Purchaser database. Entra Marketing may include entries for any other person or Purchaser at any time. The Purchaser relationship is intended, created and governed by this agreement according to the laws of the Province of British Columbia. This agreement between Entra Marketing and the Purchaser is the only agreement and supersedes any other verbal or written agreements regarding the subject matter of this Agreement.
Purchaser agrees that leads purchased on the Web site are for its (Purchaser's) internal use only. Purchaser agrees not to re-sell, re-distribute or make available any information obtained through the Web site without prior written consent of Entra Marketing. Purchaser acknowledges that any unauthorized distribution of the leads purchased on the Web site may cause the termination of Purchasers account, forfeiture of any credits and opportunity to purchase leads in the future.
Help
Entra Marketing Ltd.
PO Box 29040
RPO Okanagan Mission
Kelowna, BC V1W 4A7 Canada
Phone: (877) 841-3391
Your Privacy is Important to Us
Privacy Policy
At Entra Marketing Ltd. (hereinafter "Entra Marketing") and the CanadLeads.ca Web site, your privacy is our chief concern. We understand that you entrust us with your private information to help us match you with a lender, insurance agent or credit counselor to meet your needs. In exchange for your trust, you expect and deserve our commitment to treat your information with respect. Rest assured that we protect your privacy. Under no circumstances will Entra Marketing sell or share any personal information about you to or with any person or organization except: as authorized by you, our participating lenders, mortgage brokers, or credit counselors depending on the application you fill out. The Privacy Policy below describes the standards we adhere to in handling information about you and your loan request.
We want you to be aware of:
· Who we are
· Information we may collect on a CanadaLeads.ca Web site
· How your information is used
· Altering the information you submit through a CanadaLeads.ca Web site
· How our Privacy Policy is monitored
1. Who We Are. CanadaLeads.ca is web site of Entra Marketing Ltd with headquarter in Kelowna, BC.
2. Information We Collect. There are several areas on a CanadaLeads.ca Web site where you may be asked to enter both personal and non-personal information. We DO NOT sell or share any personal information about you to or with any person or organization except: as authorized by you or as may be required by law or court order.
3. Sharing information with third parties. We do not share any of your information with third parties. CanadaLeads.ca Web site has security measures in place to protect the loss, misuse and alteration of the information under our control.
If you have questions or concerns regarding this statement, please contact our Customer Care Department via the form on the website.
If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will notify you of the change. In that case, your ability to opt out of the new policy will be determined by applicable laws and we will include that information in our notification. If the change impacts how we use your information, we will notify you even if you have requested that we not contact you. If you have any questions about this please mail us at
Entra Marketing Ltd.
PO Box 29040
RPO Okanagan Mission
Kelowna, BC V1W 4A7
Canada
Toll Free Phone: (877) 841-3391
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
We want you to be aware of:
· Who we are
· Information we may collect on a CanadaLeads.ca Web site
· How your information is used
· Altering the information you submit through a CanadaLeads.ca Web site
· How our Privacy Policy is monitored
1. Who We Are. CanadaLeads.ca is web site of Entra Marketing Ltd with headquarter in Kelowna, BC.
2. Information We Collect. There are several areas on a CanadaLeads.ca Web site where you may be asked to enter both personal and non-personal information. We DO NOT sell or share any personal information about you to or with any person or organization except: as authorized by you or as may be required by law or court order.
3. Sharing information with third parties. We do not share any of your information with third parties. CanadaLeads.ca Web site has security measures in place to protect the loss, misuse and alteration of the information under our control.
If you have questions or concerns regarding this statement, please contact our Customer Care Department via the form on the website.
If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will notify you of the change. In that case, your ability to opt out of the new policy will be determined by applicable laws and we will include that information in our notification. If the change impacts how we use your information, we will notify you even if you have requested that we not contact you. If you have any questions about this please mail us at
Entra Marketing Ltd.
PO Box 29040
RPO Okanagan Mission
Kelowna, BC V1W 4A7
Canada
Toll Free Phone: (877) 841-3391
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Terms of Service
Terms of Service
By executing a purchase of lead(s) from the CanadaLeads.ca store (hereinafter, "Web Site") owned and operated by Entra Marketing Ltd.(hereinafter "Entra Marketing"), the Purchaser (hereinafter "You") acknowledges and agrees to the following terms and conditions.
PRICING
All prices are in $CAD.
REGISTERING FOR SERVICE
Registration is free of charge to eligible members. You may only register one time for our service. You may set up multiple accounts for one company if you need to have an account for each appropriate employee or team member (e.g. loan officer / credit counsellor) at your company.
BUYING LEADS
There are currently two service levels available to you: Automatically Routed Leads and Manually selected leads. Both levels of service can be chosen at any time.
Lead costs vary depending on the type of service you request and the type of lead requested. Regardless of the level of service and type of lead requested, if you decide to buy leads, the price for the leads will be based on the CanadaLeads.ca pricing schedule in effect at the time you buy the leads.
YOUR PURCHASE IS A BINDING CONTRACT subject to the guarantee, return and refund policies and other terms of service set forth herein. Your account will be immediately debited for the total purchase amount based upon the current market price for the leads as stated in the CanadaLeads.ca pricing schedule in effect at the time you buy the leads.
FUNDING YOUR ACCOUNT
We offer two methods by which you may fund your account.
(1) Credit card or Paypal: There is a fifty ($50) dollar minimum for funding an account via credit card or Paypal.
(2) Check or Draft: There is a one hundred ($100) dollar minimum for funding an account via check or draft. Your account will be credited once the payment clears.
If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under these Terms of Service.
LEAD CONTENT QUALITY GUARANTEE
Automatically Routed Leads: Lead costs are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you IN REAL TIME based upon the filter criteria you choose. When a reference is made on our web site as to the age of a lead, that age is stated in terms of calendar days.
Web site Leads: Under this option, you can manually choose the leads you wish to purchase each time you log in to your account.
We guarantee 100% that all data which is provided to us by the consumer is delivered to you in a timely and accurate manner.
However, please be aware that the actual data provided within each lead is provided by the consumer and not CanadaLeads.ca.
In general the valid consumers are eager for a quote and/or followup and thus will provide legitimate data to us. However, what they provide via our marketing system is ultimately provided by them. Thus, we cannot 100% guarantee the data contained in a lead. This includes their email address, their stated home value, requested loan amount, credit quality, or other data provided.
LEAD POTENTIAL
In addition, how you approach and handle each lead is up to you and not under the control of CanadaLeads.ca. As such, WE DO NOT GUARANTEE YOUR RESULTS OR THAT YOU WILL FUND ANY LOANS WITH OUR LEADS.
Since our leads could be non-exclusive (e.g. they visited another lead gen site out of our control), the consumer may have started a loan process with another loan officer, so this is not a valid reason for a dispute. We recommend contacting the consumer as soon as you get the lead so you can be the first to earn their business.
However, we find that brokers still have a great return on their investment on our leads.
OUR LEAD REFUND POLICY
Automatically Routed Leads: Lead costs are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you based upon the filter criteria you choose. When a reference is made on our web site as to the age of a lead, that age is stated in terms of calendar days.
Web site Leads: Under this option, you must manually choose the leads you wish to purchase each time you log in to your account.
Data provided within a lead is input by the consumer and not CanadaLeads.ca. We do not guarantee the data contained in a lead or that their email address is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates entered by the consumer when completing the application. How you approach and handle each lead is up to you and not under the control of CanadaLeads.ca. As such, WE DO NOT GUARANTEE YOU RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS.
Since these leads may be non-exclusive, there is a chance the customer may already be working with another Loan Officer so this is not a valid reason for you to dispute the lead. However, we find that brokers still have a great return on their investment on our older leads. We recommend contacting the consumer as soon as you get the lead so you can be the first to earn their business. Additional strategy tips are provided once you sign up.
Leads are returnable for a credit within 5 calendar days from the day you purchased the lead under the same criteria as above. We guarantee each lead to have a valid name, and one valid contact phone number. We will credit your account the amount you paid for any Web site lead that contains false or incomplete contact information promised above.
We do not guarantee that the customer has not changed their mind or that they have not already refinanced with another broker. These leads are discounted to accommodate for such circumstances. As they are older leads, previously distributed leads, these situations are likely to occur. CanadaLeads.ca reserves the right to monitor your returns and change or adjust this policy without notice so you are encouraged to review these Terms of Service periodically. CanadaLeads.ca, reserves the right to verify your dispute is rational and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand and no credit will be issued. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
REFUND PROCESS
To request a credit or refund simply use our contact form on the website here and include the full lead information, your credit or refund justification, and your account login id (email).
ACTIVE AND INACTIVE ACCOUNT POLICY
Accounts that are not logged into for 3 months or more are deemed inactive, disabled, and forfeit any gifts and deposit bonuses which were applied to the account. If you wish to close your account and it is not yet inactive, you can request a credit for unused deposited funds. Inactive accounts can be re-activated upon request within 3 months from time of inactivation. If an inactive account has not been requested to be re-instated after an additional 3 months (i.e. 3 months from time of disabling), then the account will be charged an inactivity fee equal to the remaining balance in the account.
POLICY REVISIONS
CanadaLeads.ca reserves the right to monitor your returns and change or adjust this policy without notice so you are encouraged to review these Terms of Service periodically.
CanadaLeads.ca, reserves the right to verify your dispute and in our sole discretion, determine if your dispute is valid.
In the event your dispute is determined to be without merit, the charge for the valid lead will stand and no credit will be issued. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
MARKETPLACE SCOPE
Entra Marketing and the Web Site are not involved in any actual transactions between consumers and Purchasers.
As a result, Entra Marketing and the Web Site have no control over the ability of consumers to purchase items. Entra Marketing and the Web Site cannot and do not control whether or not consumers will complete the purchase of items for which they have requested proposals or quotes.
Because user authentication on the Internet is difficult, Entra Marketing cannot and does not guarantee that each consumer or Purchaser is who he or she claims to be. Consumers and Purchasers will be able to communicate directly with each other before any transaction is complete. In the event the consumer has a dispute with one or more Purchasers, the Purchaser releases Entra Marketing and its agents and employees from claims, demands, and damages arising out of or in any way connected with that dispute.
YOUR OBLIGATIONS CONTACTING PROSPECTS
If you take delivery of leads you agree to the following:
(1) to contact the borrower in a timely fashion;
(2) to offer the prospective borrower your most competitive rates;
(3) to offer the prospective borrower you highest level of professional service;
(4) to respect a prospective borrowers privacy and if received, their demand to be removed from any future contact list by you and to report their demand to CanadaLeads.ca via e-mail at customercare@CanadaLeads.ca within ten (10) business days of your receipt of the request.
(5) To respect the Canadian Anti-Spam Laws in effect as of July 1, 2014. Please note that you may only communicate with the prospect regarding the specific enquiry they made. NB: Unless you have been given permission by the contact during your initial handling of their enquiry, you are not entitled to add the contact's information to your own database for other marketing (e.g. "drip newsletter mailings").
(6) To not resell the lead information to anyone.
(7) To not give the lead information to anyone unless they are acting on your behalf.
CONFIDENTIAL INFORMATION
The data form provided to you by CanadaLeads.ca is proprietary to CanadaLeads.ca and thus provided to you in confidence and for your individual business use only under this contract.
YOU MUST KEEP ALL LEAD DATA CONFIDENTIAL.
You may use the Lead data provided only for the business purpose contemplated under this Agreement. You may tell the prospective borrower that you got their quote request from BestMortgageOffers.ca, however, without the prior written permission of CanadaLeads.ca you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective borrower or any other third party for any reason nor may you resell the data.
USER'S RESPONSIBILITIES
You agree that you will not use CanadaLeads.ca or CanadaLeads.ca data for any unauthorized use including but not limited to chain letters, junk mail, "spamming", telephone solicitations in violation of any provincial or state Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process.
You further agree not to use CanadaLeads.ca or CanadaLeads.ca data to send any messages or materials that are unlawful, considered an act(s) against public policy, discrimination of any kind, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, state, national or international law or regulation. CanadaLeads.ca reserves the right to terminate UserÃs account immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You will be provided a confidential account ID number by CanadaLeads.ca and be allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED BY CanadaLeads.ca TO USE YOUR ACCOUNT ID AND PASSWORD. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify CanadaLeads.ca of any unauthorized use of your account. Unless otherwise agreed to in writing, you will not be entitled to a return credit or refund for Lead(s) purchased through your account prior to you notifying us of an unauthorized use.
CONSENT TO COMMUNICATION FROM US
You consent to allow us to contact you regarding lead notifications, other related offers, transactional information regarding your account, and any other customer service related communications we deem necessary to contact you as a member of our site. Should you no longer wish communications from us simply send an email to us using the form on our website http://www.canadaleads.ca and indicate you would like to close your account permanently.
LINKS
Some Links on the CanadaLeads.ca web site may let you leave the CanadaLeads.ca web site. You understand the linked sites are not under the control of CanadaLeads.ca and CanadaLeads.ca is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. CanadaLeads.ca is not responsible for web casting or any other form of transmission received from any linked site. CanadaLeads.ca is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CanadaLeads.ca of the linked site or any association with their operators.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE CANADALEADS.CA SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CANADALEADS.CA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE CanadaLeads.ca SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CanadaLeads.ca, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CANADALEADS.CA, ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CANADALEADS.CA SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE CANADALEADS.CA SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CANADALEADS.CA RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT CANADALEADS.CA IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM CANADALEADS.CA AND ITS AFFILIATES.
Limitation of Liability IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF CANADALEADS.CA, ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
FORCE MAJEURE
Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform.
COPYRIGHT AND TRADEMARKS
All contents of the CanadaLeads.ca Web Site are proprietary to Entra Marketing Ltd. its successors and assigns, and/or its suppliers and are protected under Canadian, U.S.A. and international Copyright and Trademark laws. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this web site for your personal records to be used as a reference.
TERM OF AGREEMENT AND TERMINATION
This Agreement shall remain in force and effect as long as you hold an account with CANADALEADS.CA. This Agreement is automatically renewed each time you access the CANADALEADS.CA Web Site and/or log-in to your account and/or use our services. You may close your account at any time and terminate this Agreement by providing not less than ten (10) days prior written notice sent by traditional postal service mail, courier or facsimile to CANADALEADS.CA of your desire to cancel your account. Absent such a voluntary cancellation this agreement may be terminated immediately by either party:
1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
2) At any time upon written notice (including electronic mail) with or without cause by CANADALEADS.CA in the event of a material breach by you of any of the Terms of Service set forth herein.
3) Upon written notice to the other party if such party reasonably believes that (1) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (2) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
GOVERNING LAW
British Columbia law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the Province of British Columbia.
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
MODIFICATION OF TERMS
CANADALEADS.CA reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the CANADALEADS.CA Web Site. You are responsible for regularly reviewing these documents. Continued use of the CANADALEADS.CA Web Site after any such changes shall constitute your consent to such changes. CANADALEADS.CA does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.
INDEPENDENT COUNSEL
You're establishing of an account and/or your use of the CANADALEADS.CA Web Site is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
MISCELLANEOUS
Entra Marketing does not approve of, or endorse, any product or service by including the Purchaser in its Purchaser database. Entra Marketing may include entries for any other person or Purchaser at any time. The Purchaser relationship is intended, created and governed by this agreement according to the laws of the Province of British Columbia. This agreement between Entra Marketing and the Purchaser is the only agreement and supersedes any other verbal or written agreements regarding the subject matter of this Agreement.
Purchaser agrees that leads purchased on the Web site are for its (Purchaser's) internal use only. Purchaser agrees not to re-sell, re-distribute or make available any information obtained through the Web site without prior written consent of Entra Marketing. Purchaser acknowledges that any unauthorized distribution of the leads purchased on the Web site may cause the termination of Purchasers account, forfeiture of any credits and opportunity to purchase leads in the future.
By executing a purchase of lead(s) from the CanadaLeads.ca store (hereinafter, "Web Site") owned and operated by Entra Marketing Ltd.(hereinafter "Entra Marketing"), the Purchaser (hereinafter "You") acknowledges and agrees to the following terms and conditions.
PRICING
All prices are in $CAD.
REGISTERING FOR SERVICE
Registration is free of charge to eligible members. You may only register one time for our service. You may set up multiple accounts for one company if you need to have an account for each appropriate employee or team member (e.g. loan officer / credit counsellor) at your company.
BUYING LEADS
There are currently two service levels available to you: Automatically Routed Leads and Manually selected leads. Both levels of service can be chosen at any time.
Lead costs vary depending on the type of service you request and the type of lead requested. Regardless of the level of service and type of lead requested, if you decide to buy leads, the price for the leads will be based on the CanadaLeads.ca pricing schedule in effect at the time you buy the leads.
YOUR PURCHASE IS A BINDING CONTRACT subject to the guarantee, return and refund policies and other terms of service set forth herein. Your account will be immediately debited for the total purchase amount based upon the current market price for the leads as stated in the CanadaLeads.ca pricing schedule in effect at the time you buy the leads.
FUNDING YOUR ACCOUNT
We offer two methods by which you may fund your account.
(1) Credit card or Paypal: There is a fifty ($50) dollar minimum for funding an account via credit card or Paypal.
(2) Check or Draft: There is a one hundred ($100) dollar minimum for funding an account via check or draft. Your account will be credited once the payment clears.
If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under these Terms of Service.
LEAD CONTENT QUALITY GUARANTEE
Automatically Routed Leads: Lead costs are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you IN REAL TIME based upon the filter criteria you choose. When a reference is made on our web site as to the age of a lead, that age is stated in terms of calendar days.
Web site Leads: Under this option, you can manually choose the leads you wish to purchase each time you log in to your account.
We guarantee 100% that all data which is provided to us by the consumer is delivered to you in a timely and accurate manner.
However, please be aware that the actual data provided within each lead is provided by the consumer and not CanadaLeads.ca.
In general the valid consumers are eager for a quote and/or followup and thus will provide legitimate data to us. However, what they provide via our marketing system is ultimately provided by them. Thus, we cannot 100% guarantee the data contained in a lead. This includes their email address, their stated home value, requested loan amount, credit quality, or other data provided.
LEAD POTENTIAL
In addition, how you approach and handle each lead is up to you and not under the control of CanadaLeads.ca. As such, WE DO NOT GUARANTEE YOUR RESULTS OR THAT YOU WILL FUND ANY LOANS WITH OUR LEADS.
Since our leads could be non-exclusive (e.g. they visited another lead gen site out of our control), the consumer may have started a loan process with another loan officer, so this is not a valid reason for a dispute. We recommend contacting the consumer as soon as you get the lead so you can be the first to earn their business.
However, we find that brokers still have a great return on their investment on our leads.
OUR LEAD REFUND POLICY
Automatically Routed Leads: Lead costs are influenced by the filter choices you make. By electing this level of service, leads are automatically sent to you based upon the filter criteria you choose. When a reference is made on our web site as to the age of a lead, that age is stated in terms of calendar days.
Web site Leads: Under this option, you must manually choose the leads you wish to purchase each time you log in to your account.
Data provided within a lead is input by the consumer and not CanadaLeads.ca. We do not guarantee the data contained in a lead or that their email address is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates entered by the consumer when completing the application. How you approach and handle each lead is up to you and not under the control of CanadaLeads.ca. As such, WE DO NOT GUARANTEE YOU RESULTS OR THAT YOU WILL CLOSE ANY LOANS WITH OUR LEADS.
Since these leads may be non-exclusive, there is a chance the customer may already be working with another Loan Officer so this is not a valid reason for you to dispute the lead. However, we find that brokers still have a great return on their investment on our older leads. We recommend contacting the consumer as soon as you get the lead so you can be the first to earn their business. Additional strategy tips are provided once you sign up.
Leads are returnable for a credit within 5 calendar days from the day you purchased the lead under the same criteria as above. We guarantee each lead to have a valid name, and one valid contact phone number. We will credit your account the amount you paid for any Web site lead that contains false or incomplete contact information promised above.
We do not guarantee that the customer has not changed their mind or that they have not already refinanced with another broker. These leads are discounted to accommodate for such circumstances. As they are older leads, previously distributed leads, these situations are likely to occur. CanadaLeads.ca reserves the right to monitor your returns and change or adjust this policy without notice so you are encouraged to review these Terms of Service periodically. CanadaLeads.ca, reserves the right to verify your dispute is rational and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand and no credit will be issued. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
REFUND PROCESS
To request a credit or refund simply use our contact form on the website here and include the full lead information, your credit or refund justification, and your account login id (email).
ACTIVE AND INACTIVE ACCOUNT POLICY
Accounts that are not logged into for 3 months or more are deemed inactive, disabled, and forfeit any gifts and deposit bonuses which were applied to the account. If you wish to close your account and it is not yet inactive, you can request a credit for unused deposited funds. Inactive accounts can be re-activated upon request within 3 months from time of inactivation. If an inactive account has not been requested to be re-instated after an additional 3 months (i.e. 3 months from time of disabling), then the account will be charged an inactivity fee equal to the remaining balance in the account.
POLICY REVISIONS
CanadaLeads.ca reserves the right to monitor your returns and change or adjust this policy without notice so you are encouraged to review these Terms of Service periodically.
CanadaLeads.ca, reserves the right to verify your dispute and in our sole discretion, determine if your dispute is valid.
In the event your dispute is determined to be without merit, the charge for the valid lead will stand and no credit will be issued. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
MARKETPLACE SCOPE
Entra Marketing and the Web Site are not involved in any actual transactions between consumers and Purchasers.
As a result, Entra Marketing and the Web Site have no control over the ability of consumers to purchase items. Entra Marketing and the Web Site cannot and do not control whether or not consumers will complete the purchase of items for which they have requested proposals or quotes.
Because user authentication on the Internet is difficult, Entra Marketing cannot and does not guarantee that each consumer or Purchaser is who he or she claims to be. Consumers and Purchasers will be able to communicate directly with each other before any transaction is complete. In the event the consumer has a dispute with one or more Purchasers, the Purchaser releases Entra Marketing and its agents and employees from claims, demands, and damages arising out of or in any way connected with that dispute.
YOUR OBLIGATIONS CONTACTING PROSPECTS
If you take delivery of leads you agree to the following:
(1) to contact the borrower in a timely fashion;
(2) to offer the prospective borrower your most competitive rates;
(3) to offer the prospective borrower you highest level of professional service;
(4) to respect a prospective borrowers privacy and if received, their demand to be removed from any future contact list by you and to report their demand to CanadaLeads.ca via e-mail at customercare@CanadaLeads.ca within ten (10) business days of your receipt of the request.
(5) To respect the Canadian Anti-Spam Laws in effect as of July 1, 2014. Please note that you may only communicate with the prospect regarding the specific enquiry they made. NB: Unless you have been given permission by the contact during your initial handling of their enquiry, you are not entitled to add the contact's information to your own database for other marketing (e.g. "drip newsletter mailings").
(6) To not resell the lead information to anyone.
(7) To not give the lead information to anyone unless they are acting on your behalf.
CONFIDENTIAL INFORMATION
The data form provided to you by CanadaLeads.ca is proprietary to CanadaLeads.ca and thus provided to you in confidence and for your individual business use only under this contract.
YOU MUST KEEP ALL LEAD DATA CONFIDENTIAL.
You may use the Lead data provided only for the business purpose contemplated under this Agreement. You may tell the prospective borrower that you got their quote request from BestMortgageOffers.ca, however, without the prior written permission of CanadaLeads.ca you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective borrower or any other third party for any reason nor may you resell the data.
USER'S RESPONSIBILITIES
You agree that you will not use CanadaLeads.ca or CanadaLeads.ca data for any unauthorized use including but not limited to chain letters, junk mail, "spamming", telephone solicitations in violation of any provincial or state Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process.
You further agree not to use CanadaLeads.ca or CanadaLeads.ca data to send any messages or materials that are unlawful, considered an act(s) against public policy, discrimination of any kind, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, state, national or international law or regulation. CanadaLeads.ca reserves the right to terminate UserÃs account immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You will be provided a confidential account ID number by CanadaLeads.ca and be allowed to choose your own confidential password. YOU ARE THE ONLY ONE AUTHORIZED BY CanadaLeads.ca TO USE YOUR ACCOUNT ID AND PASSWORD. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify CanadaLeads.ca of any unauthorized use of your account. Unless otherwise agreed to in writing, you will not be entitled to a return credit or refund for Lead(s) purchased through your account prior to you notifying us of an unauthorized use.
CONSENT TO COMMUNICATION FROM US
You consent to allow us to contact you regarding lead notifications, other related offers, transactional information regarding your account, and any other customer service related communications we deem necessary to contact you as a member of our site. Should you no longer wish communications from us simply send an email to us using the form on our website http://www.canadaleads.ca and indicate you would like to close your account permanently.
LINKS
Some Links on the CanadaLeads.ca web site may let you leave the CanadaLeads.ca web site. You understand the linked sites are not under the control of CanadaLeads.ca and CanadaLeads.ca is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. CanadaLeads.ca is not responsible for web casting or any other form of transmission received from any linked site. CanadaLeads.ca is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CanadaLeads.ca of the linked site or any association with their operators.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE CANADALEADS.CA SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CANADALEADS.CA EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE CanadaLeads.ca SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CanadaLeads.ca, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CANADALEADS.CA, ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CANADALEADS.CA SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE CANADALEADS.CA SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CANADALEADS.CA RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT CANADALEADS.CA IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM CANADALEADS.CA AND ITS AFFILIATES.
Limitation of Liability IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF CANADALEADS.CA, ENTRA MARKETING LTD., ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
FORCE MAJEURE
Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform.
COPYRIGHT AND TRADEMARKS
All contents of the CanadaLeads.ca Web Site are proprietary to Entra Marketing Ltd. its successors and assigns, and/or its suppliers and are protected under Canadian, U.S.A. and international Copyright and Trademark laws. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this web site for your personal records to be used as a reference.
TERM OF AGREEMENT AND TERMINATION
This Agreement shall remain in force and effect as long as you hold an account with CANADALEADS.CA. This Agreement is automatically renewed each time you access the CANADALEADS.CA Web Site and/or log-in to your account and/or use our services. You may close your account at any time and terminate this Agreement by providing not less than ten (10) days prior written notice sent by traditional postal service mail, courier or facsimile to CANADALEADS.CA of your desire to cancel your account. Absent such a voluntary cancellation this agreement may be terminated immediately by either party:
1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
2) At any time upon written notice (including electronic mail) with or without cause by CANADALEADS.CA in the event of a material breach by you of any of the Terms of Service set forth herein.
3) Upon written notice to the other party if such party reasonably believes that (1) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (2) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
GOVERNING LAW
British Columbia law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the Province of British Columbia.
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
MODIFICATION OF TERMS
CANADALEADS.CA reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the CANADALEADS.CA Web Site. You are responsible for regularly reviewing these documents. Continued use of the CANADALEADS.CA Web Site after any such changes shall constitute your consent to such changes. CANADALEADS.CA does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.
INDEPENDENT COUNSEL
You're establishing of an account and/or your use of the CANADALEADS.CA Web Site is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
MISCELLANEOUS
Entra Marketing does not approve of, or endorse, any product or service by including the Purchaser in its Purchaser database. Entra Marketing may include entries for any other person or Purchaser at any time. The Purchaser relationship is intended, created and governed by this agreement according to the laws of the Province of British Columbia. This agreement between Entra Marketing and the Purchaser is the only agreement and supersedes any other verbal or written agreements regarding the subject matter of this Agreement.
Purchaser agrees that leads purchased on the Web site are for its (Purchaser's) internal use only. Purchaser agrees not to re-sell, re-distribute or make available any information obtained through the Web site without prior written consent of Entra Marketing. Purchaser acknowledges that any unauthorized distribution of the leads purchased on the Web site may cause the termination of Purchasers account, forfeiture of any credits and opportunity to purchase leads in the future.
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