- DESCRIPTION OF SERVICES
conXpros is an online marketplace for Users to buy qualified leads in various verticals within the home improvement industry. (collectively, “Leads”). We provide Visitors and Users with access to the Platform as described in this Agreement.
Visitors: Visitors, as the term implies, are people who want to look around and see what our services are all about. Visitors can (a) view all publicly-accessible content, and (b) e-mail us.
Users: Login is required for all Users. Users can do all the things that Visitors can do, and may also be able to: (a) execute Orders; (b) participate in our promotional offers; (c) sign up for alerts and other notifications; (d) upload User Data for conXpros to perform de- duplication and other analytical services; and (e) post comments, reviews, and other content (“User Content”).
We are under no obligation to accept any individual as a User, and may accept or reject any User in our sole and complete discretion.
The Platform is available for individuals 18 years or older. If you are under 18, please do not use the Platform. By accessing and using the Platform, you represent and warrant that you are at least 18 years of age.
You agree that conXpros may immediately authorize your credit card (or other approved facility) for payment for any orders made under your Password (as defined below). As set forth more fully in Section 5 below, you must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement. If you have a question about a transaction on your credit card statement, please use the “Contact Us” section of the Platform to contact customer service.
User accounts are by default auto renewing with the credit card on file, unless this setting is agreed upon and changed by conXpros. We alert Users when balances are getting low as well as after the auto renewal of the card on file.
Users may request a refund of all available funds at any time within 120 days of the corresponding charge and all refunds will be made to the same credit card used for the corresponding transaction. Refund requests will be processed within 24 hours and typically require 48-72 hours before appearing at the Users bank. Upon cancelation of services by User, refunds must be requested within 30 days to be accepted.
- LEAD CREDIT POLICY
All delivered leads are eligible for credit providing a refund request has been submitted no later than 5 days after the delivery of the lead to the User. Note; invalid leads are defined as those where the prospect’s contact information is not valid, prospect did not request the work/ quote, duplicate lead, lead is an agent, disconnected number, the prospect is under 18 years of age, name is on the lead with no number, lead where there is no answer will be called by conXpros as well and credited with upon our discretion.
- SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. conXpros will not be liable for any loss or damage caused by any unauthorized use of your account.
- TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
Notice to cancel services with conXpros must be submitted in writing email to a registered and monitored conXpros email account. Cancellation will be processed immediately and the remaining funds in the account can either be used for additional leads (until balance is used) or refunded upon request up to 30 days after such cancellation. If no request for refund is made, the remaining funds will be used for additional leads until the balance reaches zero (0).
- COMMUNITY GUIDELINES
- Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that:
- You will not use the Platform for any unlawful purpose;
- You will not post or send us false or misleading information;
- Other than sending us information in accordance with this Agreement, you will not use the
Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not access or use the Platform to collect any market research for a competing business;
- You will not upload, post, e-mail, transmit, or otherwise make available any User Content or User Data that: ◦infringes any copyright, trademark, right of publicity, or other proprietary or contractual rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- solely with respect to User Content, discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not “stalk” or otherwise harass another;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or
safety features (e.g., report abuse button) on the Platform;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or
the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
- You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.
- Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice and remove any User Content that does not adhere to these guidelines.
8. INTELLECTUAL PROPERTY
The Platform contains material, such as data, software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of conXpros (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and our services automatically terminates and you must immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of conXpros (“conXpros Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of conXpros. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third- Party Trademarks,” and, collectively with the conXpros Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the conXpros Trademarks inures to our benefit. Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
- COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
As noted above, the Platform provides Users the ability to post and upload User Content. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. You, and not conxpros, are entirely responsible for all the user content that you upload, post, e-mail, or otherwise transmit via the platform.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content, your Sign-In Name, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content and Sign- In Name permitted by the foregoing rights and licenses may include the display of such User Content adjacent to advertising and other material or content, including for profit.
If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by conXpros and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines.
- USER DATA
access, store, reproduce, modify, manipulate, reformat, combine with other content, process, de-duplicate, analyze, and otherwise use such User Data and Leads solely to perform services on behalf of such User. As between the parties, Users retain all right, title, and interest in and to their User Data. If a User submits User Data to the Platform, each submission constitutes a representation and warranty that such User has the right to provide the User Data and all rights necessary to grant the license in this Section.
- LICENSE TO LEADS
In consideration for a User’s access to and usage of the Platform and for the various data and analytical services provided to such User by conXpros, each User hereby irrevocably grants conXpros a perpetual, worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, fully paid-up right and license to test, validate, access, store, reproduce, modify, manipulate, reformat, combine with other content, process, de- duplicate, analyze, use, market, promote, license, sell, resell, vend, and otherwise exploit any Leads purchased and/or licensed by such User.
- NO WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that the platform will operate error-free or that the platform, its servers, their content, or the leads are free of computer viruses or similar contamination or destructive features. If your use of the platform, the content, or the leads results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs. In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the platform, the content, or the leads, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusions of certain warranties or limitation of liability for certain damages, so the above limitations or exclusions may not apply to you. In such states, our warranties and our liability shall be limited to the greatest extent permitted by law. The platform, the content, and the leads may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical or technical errors listed on the platform. The platform may contain information on products or services which are not available in every location. A reference to a product or service on the platform does not imply that such product or service is or will be available to you. We reserve the right to make changes, corrections, and/or improvements to the platform at any time without notice.
- EXTERNAL SITES
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, Lead Providers, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or any of your Orders or your access to, use, or misuse of the Platform, the Content, the Leads, or our services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- COMPLIANCE WITH APPLICABLE LAWS
The Platform is based in the United States. We make no claims concerning whether the Content or the Leads may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the Content, or the Leads from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- DIGITAL MILLENNIUM COPYRIGHT ACT
conXpros respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
2100 Greencrest Circle Milton, Georgia
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal substantive laws of the applicable State where your services are rendered, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the state in which you service; and (ii) that the Services shall be deemed passive do not give rise to personal jurisdiction over conXpros, either specific or general, in jurisdictions other than Georgia. You agree that any cause of action arising out of or related to the platform, this agreement, or our services must commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
If one or more provisions of this Agreement are held to be unenforceable under applicable law, then such provision(s) shall be excluded from this Agreement, and the balance of the Agreement shall be enforceable in accordance with its terms. The following provisions shall survive any termination of this Agreement: “Payment,” “Intellectual Property,” “Communications to Us; User Submissions; and Publicity,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be
effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.