Terms of Use
Consumer Notices & Legal Disclaimers
Welcome to iLeads.com®, where we help you find the product or service that's right for you!
By using our Website(s) and submitting online information about yourself, you are indicating that you accept the terms of service contained here in.
Welcome to the iLeads.com® network of websites (referred to as “iLeads”, “iLeads network”, “we,” “us,” or “our”). Before you begin to use this website, please take a moment to review this Terms of Use Agreement (“Agreement”). This Agreement describes the terms and conditions applicable to your use of the iLeads network, as well as the products and/or services provided through, or in connection with the iLeads network (collectively, “Service”), which may be updated by iLeads from time to time, without notice to you. Further, iLeads may also offer other services that are governed by a different Terms of Service Agreement.
You must read, and agree with all of the terms and conditions contained in this Agreement, as well as within the iLeads network privacy policy then in effect (“Privacy Policy”), (which is incorporated by reference), before you use the Service. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.
1. Who is iLeads.com®?
iLeads.com® LLC, is an independent information gathering firm. We are not an insurance agency / mortgage brokerage, and consequently we are not qualified nor registered to provide quotes to the public directly. Further, the material included on the iLeads.com® web site is for informational purposes only. The content (FAQ’s / GUIDES) has been compiled from a wide range of industry sources, and we believe the information to be accurate, however we do not guarantee its accuracy. The listings of insurance companies (if any) and rates are not to be construed as advertising in any form. ALL INFORMATION IS CONFIDENTIAL, AND IS TRANSFERRED UPON RECEIPT BY ILEADS.COM®LLC. TO: MORTGAGE BANKERS, BROKERS, CORRESPONDANT LENDERS, BANKS, (LOAN SERVICE REQUESTS), AND/OR INSURANCE AGENTS, AGENCIES, and INSURERS (INSURANCE SERVICE REQUESTS) (HEREIN REFFERED TO INDIVIDUALLY AS “PROVIDER” AND COLLECTIVLY AS “PROVIDERS”). NOTHING ON THIS WEB SITE, (OR ANY OTHER WEB SITE WITHIN THE ILEADS NETWORK) SHOULD BE CONSTRUED AS AN OFFER TO BUY/CONTRACT EITHER INSURANCE, OR LOAN PRODUCTS.
2. Loan Products and Services.
The iLeads network is an online marketplace, wherein you may explore and evaluate prices in different lending categories. These categories can include: home purchase loans, home equity loans, and home refinance loans. You understand, and agree that if you submit a request for a loan product or service offered through the Service, iLeads will share your personal information (such as your full name, address, telephone number, social security number, as well as any other information that you have provided to us ) with Providers in our provider network, to fulfill, and process your request. You authorize iLeads, in its sole discretion, to use your social security number to obtain your credit score for the purpose of matching your request with Providers. Your further authorize Providers that receive your personal information to use your social security number to pull your credit score and credit report for the purpose of processing and fulfilling your request.
Additionally, you hereby acknowledge that iLeads does not make loan or credit decisions in connection with the Service, and that iLeads is not a party to any agreement that you may make with the Provider. In addition you hereby acknowledge that the Provider is solely responsible for its services to you. You further acknowledge that iLeads is not acting as your agent, or broker, and therefore is not recommending any particular loan product, or Provider to you. Any compensation iLeads may receive is paid by the individual Provider, for the products and services rendered by iLeads to that particular Provider. iLeads does not charge you a fee to use the iLeads network. You understand that requirements for a particular loan product are made by the individual Providers, and that iLeads does not endorse, warrant, or guarantee the products or services of any the Providers. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. You agree that iLeads shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Provider’s service. By submitting your contact request for a loan product, you are consenting to be contacted by one or more Providers. These providers may include, (but not be limited to) Aegis Lending Corporation, Ameriquest Mortgage Company, Countrywide Financial Corporation, HFC Corporation, New Century Financial Corporation, Quicken Loans, Inc., or Wells Fargo Home Mortgage. Such contact may be by either by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, and/or the Do Not Call List of an internal company. You understand that the Providers may maintain the information you submitted to iLeads, whether you elect to use their services or not. In the event you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also give iLeads permission to send you periodic updates of current loan products which may be of interest to you. iLeads.com and all participating Providers do not guarantee a response to your request by a participating Provider. iLeads, cannot, nor will not give legal, tax, financial planning, or other professional advice. Always consult with a qualified licensed advisor regarding your personal situation.
3. Insurance Products and Service
The iLeads network is an online marketplace, wherein you may explore and evaluate prices in different insurance categories. These categories can include: life insurance, long term care insurance, disability insurance, health insurance, homeowners insurance, auto insurance, or annuities. You understand, and agree that if you submit a request for a insurance product or service offered through the Service, iLeads will share your personal information (such as your full name, address, telephone number, and any other information that you have provided to us) with Providers in our provider network, (referred to individually as “Provider” and collectively as “Providers”) to fulfill, and process your request. You authorize iLeads, in its sole discretion, to use any information that you have provided to us for the purpose of matching your request with Provider(s).
Additionally, you hereby acknowledge that iLeads does not make, quote, offer to contract for any insurance product in connection with the Service, and that iLeads is not a party to any agreement that you may make with the Provider. In addition you hereby acknowledge that the Provider is solely responsible for its services to you. You further acknowledge that iLeads is not acting as your agent, or broker, and therefore is not recommending any particular loan product, or Provider to you. Any compensation iLeads may receive is paid by the individual Provider, for the products and services rendered by iLeads to that particular Provider. iLeads does not charge you a fee to use the iLeads network. You understand that requirements for a particular loan product are made by the individual Providers, and that iLeads does not endorse, warrant, or guarantee the products or services of any the Providers. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. You agree that iLeads shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Provider’s service.
By submitting your contact request for an insurance product, you are consenting to be contacted by one or more Providers. These providers may include, (but not be limited to) New York Life, MetLife, AXA, Allstate, State Farm, Prudential, John Hancock, or Independent Agents / Agencies. Such contact may be by either by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, and/or the Do Not Call List of an internal company.
You understand that the Providers may maintain the information you submitted to iLeads, whether you elect to use their services or not. In the event you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also give iLeads permission to send you periodic updates of current insurance products which may be of interest to you. iLeads.com and all participating Providers do not guarantee a response to your request by a participating Provider.
iLeads, cannot, nor will not give legal, tax, financial planning, or other professional advice. Always consult with a qualified licensed advisor regarding your personal situation.
4. Use of this web site, and service
You certify to that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to iLeads, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the iLeads network or Service; (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
5. Prohibited conduct
You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
6. Privacy Policy
iLeads values and respects your privacy, and personal information. Information submitted in connection with the Service is governed and subject to our Privacy Policy. For more information, please see our corporate Privacy Policy.
7. Copyright and Trademark Notice Information
All contents of the iLeads website / iLeads network are: Copyright © 2000 – 2007 iLeads.com® LLC 5173 Waring Rd. #144, San Diego, CA. 92120 and/or its Providers and third party vendors. All rights reserved. iLeads.com® trademarks and service marks and other iLeads logos and product service names are trademarks of iLeads.com, LLC. (“iLeads Marks”). You agree, without iLeads prior permission, not to display, or use in any manner, the iLeads Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.
8. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the iLeads website or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of iLeads or their respective intellectual property owners. Except as expressly authorized by iLeads, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Service or the Software, in whole or in part.
iLeads grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by iLeads for use in accessing the Service.
9. Links
The iLeads website/the iLeads network, through the Service or otherwise, may provide links to other websites, as well as having other web sites provide inbound links to iLeads. Such links are provided for your convenience and reference only. iLeads does not operate or control in any respect any information, software, products or services available on such web sites. iLeads inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. Because iLeads has no control over such websites, you acknowledge and agree that iLeads is not responsible for the availability of such external websites, nor does iLeads endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that iLeads shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
10. Indemnification
You agree to indemnify and hold iLeads, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Service using your computer, of any intellectual property or other right of any person or entity. iLeads reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. No Warranty
ILEADS PROVIDES THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ILEADS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ILEADS DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
12. Limitation of Liability
IN NO EVENT WILL ILEADS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF ILEADS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ILEADS WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
13. Release
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE ILEADS AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. FURTHER, YOU ACKNOLEDGE AND AGREE THAT ILEADS AND IT’S PARTICIPATING PROVIDER NETWORK SHALL NOT BE HELD LIABLE OR RESPONSIBLE SHOULD CONFIDENTIAL INFORMATION BELONGING TO YOU BE INTERCEPTED AND SUBSEQUENTLY USED BY ANY UNINTENDED RECIPIENT.
14. Notices
iLeads may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the websites within the iLeads network. All notices to iLeads must be made in writing and mailed to:
iLeads.com, LLC.
Attn: Legal Affairs
567 San Nicolas Drive, Ste. 180
Newport Beach, CA. 92660
15. Termination
You agree that iLeads may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in iLeads‘ sole discretion and that iLeads shall not be liable to you or any third party for any termination or access to the Service.
16. Dealings with Third Parties
Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that iLeads shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.
17. Disputes
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Orange, California, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, County of Orange, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, County of Orange, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of iLeads’ proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession.
THE PARTIESAGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT ILEADS PLACE OF BUSINESS IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA.
18. Modification to Service
iLeads reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iLeads shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
19. Waiver and Severability of Terms
The failure of iLeads to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
20. Disclosure of Your Information
You acknowledge, consent and agree that iLeads may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of iLeads, its users and the public.
21. Entire Agreement
This Agreement constitutes the entire agreement between you and iLeads, and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and iLeads with respect to the website, the use of the website, the iLeads network and/or the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Survival
The following paragraphs shall survive termination or your refusal to continue to use the Service: 7, 8, 10, 11, 12, 13, and 17.
23. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Updated: January 16, 2015
Terms of Use
Consumer Notices &
Legal Disclaimers
Welcome to iLeads.com®, where we help you find the product or service that's right for you!
By using our Website(s) and submitting online information about yourself, you are indicating that you accept the terms of service contained here in.
Welcome to the iLeads.com® network of web sites (referred to as “iLeads”, “iLeads network”, “we,” “us,” or “our”). Before you begin to use this website, please take a moment to review this Terms of Use Agreement (“Agreement”). This Agreement describes the terms and conditions applicable to your use of the iLeads network, as well as the products and/or services provided through, or in connection with the iLeads network (collectively, “Service”), which may be updated by iLeads from time to time, without notice to you. Further, iLeads may also offer other services that are governed by a different Terms of Service Agreement.
You must read, and agree with all of the terms and conditions contained in this Agreement, as well as within the iLeads network privacy policy then in effect (“Privacy Policy”), (which is incorporated by reference), before you use the Service. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.
1. Who is iLeads.com®?
iLeads.com® LLC, is an independent information gathering firm. We are not an insurance agency / mortgage brokerage, and consequently we are not qualified nor registered to provide quotes to the public directly. Further, the material included on the iLeads.com® web site is for informational purposes only. The content (FAQ’s / GUIDES) has been compiled from a wide range of industry sources, and we believe the information to be accurate, however we do not guarantee its accuracy. The listings of insurance companies (if any) and rates are not to be construed as advertising in any form. ALL INFORMATION IS CONFIDENTIAL, AND IS TRANSFERRED UPON RECEIPT BY ILEADS.COM®LLC. TO: MORTGAGE BANKERS, BROKERS, CORRESPONDANT LENDERS, BANKS, (LOAN SERVICE REQUESTS), AND/OR INSURANCE AGENTS, AGENCIES, and INSURERS (INSURANCE SERVICE REQUESTS) (HEREIN REFFERED TO INDIVIDUALLY AS “PROVIDER” AND COLLECTIVLY AS “PROVIDERS”). NOTHING ON THIS WEB SITE, (OR ANY OTHER WEB SITE WITHIN THE ILEADS NETWORK) SHOULD BE CONSTRUED AS AN OFFER TO BUY/CONTRACT EITHER INSURANCE, OR LOAN PRODUCTS.
2. Loan Products and Services.
The iLeads network is an online marketplace, wherein you may explore and evaluate prices in different lending categories. These categories can include: home purchase loans, home equity loans, and home refinance loans. You understand, and agree that if you submit a request for a loan product or service offered through the Service, iLeads will share your personal information (such as your full name, address, telephone number, social security number, as well as any other information that you have provided to us ) with Providers in our provider network, to fulfill, and process your request. You authorize iLeads, in its sole discretion, to use your social security number to obtain your credit score for the purpose of matching your request with Providers. Your further authorize Providers that receive your personal information to use your social security number to pull your credit score and credit report for the purpose of processing and fulfilling your request.
Additionally, you hereby acknowledge that iLeads does not make loan or credit decisions in connection with the Service, and that iLeads is not a party to any agreement that you may make with the Provider. In addition you hereby acknowledge that the Provider is solely responsible for its services to you. You further acknowledge that iLeads is not acting as your agent, or broker, and therefore is not recommending any particular loan product, or Provider to you. Any compensation iLeads may receive is paid by the individual Provider, for the products and services rendered by iLeads to that particular Provider. iLeads does not charge you a fee to use the iLeads network. You understand that requirements for a particular loan product are made by the individual Providers, and that iLeads does not endorse, warrant, or guarantee the products or services of any the Providers. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. You agree that iLeads shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Provider’s service. By submitting your contact request for a loan product, you are consenting to be contacted by one or more Providers. These providers may include, (but not be limited to) Aegis Lending Corporation, Ameriquest Mortgage Company, Countrywide Financial Corporation, HFC Corporation, New Century Financial Corporation, Quicken Loans, Inc., or Wells Fargo Home Mortgage. Such contact may be by either by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, and/or the Do Not Call List of an internal company. You understand that the Providers may maintain the information you submitted to iLeads, whether you elect to use their services or not. In the event you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also give iLeads permission to send you periodic updates of current loan products which may be of interest to you. iLeads.com and all participating Providers do not guarantee a response to your request by a participating Provider. iLeads, cannot, nor will not give legal, tax, financial planning, or other professional advice. Always consult with a qualified licensed advisor regarding your personal situation.
3. Insurance Products and Service
The iLeads network is an online marketplace, wherein you may explore and evaluate prices in different insurance categories. These categories can include: life insurance, long term care insurance, disability insurance, health insurance, homeowners insurance, auto insurance, or annuities. You understand, and agree that if you submit a request for a insurance product or service offered through the Service, iLeads will share your personal information (such as your full name, address, telephone number, and any other information that you have provided to us) with Providers in our provider network, (referred to individually as “Provider” and collectively as “Providers”) to fulfill, and process your request. You authorize iLeads, in its sole discretion, to use any information that you have provided to us for the purpose of matching your request with Provider(s).
Additionally, you hereby acknowledge that iLeads does not make, quote, offer to contract for any insurance product in connection with the Service, and that iLeads is not a party to any agreement that you may make with the Provider. In addition you hereby acknowledge that the Provider is solely responsible for its services to you. You further acknowledge that iLeads is not acting as your agent, or broker, and therefore is not recommending any particular loan product, or Provider to you. Any compensation iLeads may receive is paid by the individual Provider, for the products and services rendered by iLeads to that particular Provider. iLeads does not charge you a fee to use the iLeads network. You understand that requirements for a particular loan product are made by the individual Providers, and that iLeads does not endorse, warrant, or guarantee the products or services of any the Providers. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. You agree that iLeads shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Provider’s service.
By submitting your contact request for an insurance product, you are consenting to be contacted by one or more Providers. These providers may include, (but not be limited to) New York Life, MetLife, AXA, Allstate, State Farm, Prudential, John Hancock, or Independent Agents / Agencies. Such contact may be by either by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, and/or the Do Not Call List of an internal company.
You understand that the Providers may maintain the information you submitted to iLeads, whether you elect to use their services or not. In the event you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also give iLeads permission to send you periodic updates of current insurance products which may be of interest to you. iLeads.com and all participating Providers do not guarantee a response to your request by a participating Provider.
iLeads, cannot, nor will not give legal, tax, financial planning, or other professional advice. Always consult with a qualified licensed advisor regarding your personal situation.
4. Use of this web site, and service
You certify to that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to iLeads, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the iLeads network or Service; (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
5. Prohibited conduct
You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
6. Privacy Policy
iLeads values and respects your privacy, and personal information. Information submitted in connection with the Service is governed and subject to our Privacy Policy. For more information, please see our corporate Privacy Policy.
7. Copyright and Trademark Notice Information
All contents of the iLeads website / iLeads network are: Copyright © 2000 – 2007 iLeads.com® LLC 5173 Waring Rd. #144, San Diego, CA. 92120 and/or its Providers and third party vendors. All rights reserved. iLeads.com® trademarks and service marks and other iLeads logos and product service names are trademarks of iLeads.com, LLC. (“iLeads Marks”). You agree, without iLeads prior permission, not to display, or use in any manner, the iLeads Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.
8. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the iLeads website or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of iLeads or their respective intellectual property owners. Except as expressly authorized by iLeads, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Service or the Software, in whole or in part.
iLeads grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by iLeads for use in accessing the Service.
9. Links
The iLeads website/the iLeads network, through the Service or otherwise, may provide links to other websites, as well as having other web sites provide inbound links to iLeads. Such links are provided for your convenience and reference only. iLeads does not operate or control in any respect any information, software, products or services available on such web sites. iLeads inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. Because iLeads has no control over such websites, you acknowledge and agree that iLeads is not responsible for the availability of such external websites, nor does iLeads endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that iLeads shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
10. Indemnification
You agree to indemnify and hold iLeads, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Service using your computer, of any intellectual property or other right of any person or entity. iLeads reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. No Warranty
ILEADS PROVIDES THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ILEADS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ILEADS DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
12. Limitation of Liability
IN NO EVENT WILL ILEADS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF ILEADS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ILEADS WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
13. Release
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE ILEADS AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. FURTHER, YOU ACKNOLEDGE AND AGREE THAT ILEADS AND IT’S PARTICIPATING PROVIDER NETWORK SHALL NOT BE HELD LIABLE OR RESPONSIBLE SHOULD CONFIDENTIAL INFORMATION BELONGING TO YOU BE INTERCEPTED AND SUBSEQUENTLY USED BY ANY UNINTENDED RECIPIENT.
14. Notices
iLeads may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the websites within the iLeads network. All notices to iLeads must be made in writing and mailed to:
iLeads.com, LLC.
Attn: Legal Affairs
567 San Nicolas Drive, Ste. 180
Newport Beach, CA. 92660
15. Termination
You agree that iLeads may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in iLeads‘ sole discretion and that iLeads shall not be liable to you or any third party for any termination or access to the Service.
16. Dealings with Third Parties
Your correspondence or business dealings with any third parties as a result of your visit and participation in the Service, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that iLeads shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.
17. Disputes
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Orange, California, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, County of Orange, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, County of Orange, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of iLeads’ proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession.
THE PARTIESAGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT ILEADS PLACE OF BUSINESS IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA.
18. Modification to Service
iLeads reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iLeads shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
19. Waiver and Severability of Terms
The failure of iLeads to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
20. Disclosure of Your Information
You acknowledge, consent and agree that iLeads may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of iLeads, its users and the public.
21. Entire Agreement
This Agreement constitutes the entire agreement between you and iLeads, and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and iLeads with respect to the website, the use of the website, the iLeads network and/or the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Survival
The following paragraphs shall survive termination or your refusal to continue to use the Service: 7, 8, 10, 11, 12, 13, and 17.
23. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Updated: January 16, 2015