In this Service Agreement ("Agreement"),"Customer," User, "you" and "your" refer to
each customer or user and XFactorLeads.com, "we," "us" and "our" refer to XFactorLeads.com or
XFactorLeads.com.com. This Agreement explains our obligations to you, and your obligations to
us, in relation to your use of our services.
By selecting XFactorLeads.com service (s) you have agreed to establish an account with us for
such services. When you use your account or permit someone else to use your account to
purchase or otherwise acquire access to additional service (s), or to modify or cancel such
service (s) (even if we were not notified of such authorization), this Agreement covers
any such service or actions. Any acceptance of your application (s) for our services and
the performance of our services will occur at our offices in Lakeway, TX, the location of
our principal place of business.
XFactorLeads.com offers information and other services that may assist you in marketing your
business online. Such services and information are provided on an as-is basis from Job
Crusher does not represent or warrant to the truth or accuracy of such information.
3. Fees & Payment.
As consideration for the services you have selected, you agree
to pay XFactorLeads.com the applicable service (s) fees set
forth on our website at the time of your selection. You agree
to keep your credit card information accurate and current with
XFactorLeads.com at all times. All fees are due immediately
upon registration and are non-refundable. XFactorLeads.com may
take all remedies available to collect fees owed and may recover
from you all costs and expenses (including reasonable attorney
fees) incurred by XFactorLeads.com to collect such fees. In
the event of non-payment, reversal of payment, or a charge back
by a credit card company or other payment provider, in addition
to any other remedies XFactorLeads.com may have, we may, in
our sole discretion, suspend or terminate your account. In order
to qualify for the stated refund policy with in 30 days, you
agree to notify us within 30 days of purchase or you will not
be subject to a refund.
4. Term of Service.
Unless otherwise specified, each XFactorLeads.com service, is for the selected term and will
renew automatically thereafter for successive equivalent terms unless either party elects
to terminate such service (which you can do at any time by logging into your XFactorLeads.com
account and indicating your election to terminate such service). Any renewal of your
services with us is subject to our then current terms and conditions and payment of all
applicable service fees at the time of renewal.
5. Third-Party Information.
You represent and warrant that you have provided notice to, and obtained consent from,
any third party individuals whose personal data you supply to us as part of our services
with regard to: (i) the purposes for which such third party's personal data has been
collected; (ii) the intended recipients or categories of recipients of the third party's
personal data; (iii) which parts of the third party's data are obligatory and which parts, if
any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the
third party's personal data. You further agree to provide such notice and obtain such
consent with regard to any third party personal data you supply to us in the future. We are
not responsible for any consequences resulting from your failure to provide notice or
receive consent from such individuals or for your providing outdated, incomplete or
6. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree, during the term of this
Agreement, that we may revise the terms and conditions of this Agreement and/or change
the services provided under this Agreement at any time. Any such revision or change will
be binding and effective ten (10) calendar days after the revised Agreement or change to
the service(s) is posted on the XFactorLeads.com website. You agree to periodically review our
website, including the current version of this Agreement available on our website, to be
aware of any such revisions. If you do not agree with any revision to the Agreement or
change to the services, you may terminate this Agreement at any time. Any fees paid by
you prior to termination of your Agreement with us are nonrefundable (except for the
first 30 days), but you will not incur any additional fees. By continuing to use our
services ten (10) calendar days after any revision to this Agreement or change in
service(s) is posted on our website, you agree to abide by and be bound by any such
revisions or changes. We are not bound by and you may not rely on any representation
concerning this Agreement or our services made by: (i)any agent, representative or
employee of any third party that you may use to apply for our services; or (ii) information
posted on our Web site of a general informational nature. No employee, contractor, agent
or representative of XFactorLeads.com or any partner of XFactorLeads.com is authorized to alter or
amend the terms and conditions of this Agreement.
7. Modifications to your account.
In order to change any of your account information with us, you must use your account
name and the password that you selected when you created your XFactorLeads.com account.
Please safeguard this information from any unauthorized use. In no event will we be
liable for the unauthorized use or misuse of your account name or password.
8. Prohibited Conduct.
You agree that you will only use our services for lawful purposes. Further, it is a
the internal site structure of XFactorLeads.com to non-Members of XFactorLeads.com. If any videos
or images exist, it is immediately required that all such videos or images be taken down
offline and off of any servers.
9. Notices and Announcements.
You authorize us to notify you as our customer of information that we deem is of
potential interest to you. Notices and announcements may include commercial e-mails
and other notices describing changes, upgrades, new products and services or other
information pertaining to services and/or other relevant matters.
10. Limitation of Liability.
To the extent permitted at law, XFactorLeads.com and its partners and contractors will not be
liable for any direct, indirect, incidental, special or consequential damages resulting from
your use or inability to use any of the XFactorLeads.com services or for the cost of procurement
of substitute services. We disclaim any and all loss or liability resulting from, but not
limited to: (i )any third party claims arising from or based on your use of our services; (ii)
access delays or access interruptions; (iii) data non-delivery or data mis-delivery; (iv) acts
of God; (v) the unauthorized use or misuse of your Account name or password; (vi)
errors, omissions, or misstatements in any and all information or service(s) provided
under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the
development or interruption of your website; or (x) our processing of your application for
our services, our processing of any authorized modification to your record or your agents
failure to pay any fees, our fees or re-registration fees. You agree that our entire liability,
and your exclusive remedy, with respect to any XFactorLeads.com service(s) provided under
this Agreement and/or for any breach of this Agreement is solely limited to the amount
you paid for such service(s).
You agree to release, indemnify, and hold XFactorLeads.com, our partners, contractors, agents,
employees, officers, directors, shareholders, affiliates and assigns harmless from all
liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and
expenses, relating to or arising from the XFactorLeads.com services provided hereunder. When
we are threatened with suit or sued by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide those assurances
may be considered by us to be a material breach of this Agreement. In addition, in the
event we are made a party to any claim, suit or action by you which is unsuccessful or by
a third party in each case relating to or arising from the XFactorLeads.com services provided
hereunder, you will reimburse us, at a reasonable rate, for all personnel time and
expenses expended by us in response to such claim, suit or action including without
limitation, all attorney fees and expenses incurred by us with respect to such response.
You agree that your failure to abide by any provision of this Agreement, any XFactorLeads.com
operating rule or policy, or any dispute policy may be considered by us to be a material
breach of this Agreement and that we may, in our sole discretion, elect to cancel the
services without further notice to you. We will not refund any fees paid by you prior to
the termination of your Agreement due to your breach. Any such breach by you will not
be deemed to be excused simply because we did not act earlier in response to that, or any
other breach, by you.
13. Representations and Warranties.
You represent and warrant that: (i) the information that you or your agent on your behalf
provide to us during the registration for XFactorLeads.com service(s) is, accurate and complete,
and that any future changes to this information will be provided to us in a timely manner;
(ii) you have all requisite power and authority to execute this Agreement and to perform
your obligations hereunder; and (iii) you are of legal age to enter into this Agreement.
You release XFactorLeads.com, our partners, contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with our
services. If you are a California resident, you waive California Civil Code §1542, which
says: "A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor."
You agree that your use of our service(s) is solely at your own risk. You agree that all of
our services are provided on an "as is," and "as available" basis.
DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE MAKE NO WARRANTY OR REPRESENTATION THAT
OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS OR THAT THE
SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR
SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY
OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE
ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE
EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
XFactorLeads.com reserves the right to terminate any of its services at any time, with or without
notice to you. In the event of such termination, your sole remedy will be to request a
refund of any amounts paid to XFactorLeads.com for services that were not completed in whole
or in part. In the event that a service was partially completed, you may request a refund of
the pro-rata portion of such fee for uncompleted services.
You agree that the terms of this Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original intentions of the parties,
and the remaining terms and provisions will remain in full force and effect.
You agree that this Agreement and the privacy statement are the complete and exclusive
agreement between you and us regarding our services. This Agreement and the privacy
statement supersede all prior agreements, representations and understandings, whether
established by custom, practice, policy or precedent.
Your rights under this Agreement are not assignable. Any attempt by you to assign your
rights will render this Agreement voidable at our option. Any attempt by your creditors to
obtain an interest in your rights under this Agreement, whether by attachment,
garnishment or otherwise, will render this Agreement voidable at our option.
19. Governing Law.
You agree that this Agreement and any disputes hereunder will
be governed in all respects by and construed in accordance with
the laws of the State of Texas, excluding its conflict of laws
rules. You and we each submit to exclusive subject matter jurisdiction,
personal jurisdiction and venue of the courts of the State of
Texas. You agree that any action, suit or application will be
brought and heard in Houston, TX.
20. Agreement to be Bound.
By applying for the service(s) of XFactorLeads.com or an affiliate through our online
application process, you acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement and any pertinent rules or policies that are or may
be published by XFactorLeads.com.