Terms and Conditions

Inturmark Right

The terms and conditions (“terms”) herein are a legal, binding agreement between Inturmark, Inc., a consulting and marketing services provider (“Inturmark” or “we”), and you, the recipient of the services from us or via our website (“agent” or “you”). Acceptance of the terms herein is a condition to your use of the website and any of our services, and to our provision of the consulting and marketing services to you. You accept that each interaction between you and the website, and each request for or delivery of our services is subject to the terms herein. If you disagree with any or all of the terms herein you may not use our services or acquire any of our services from us and should not access our website.

Purchase

You will be charged for the marketing services based on the price stated at the time of the purchase, and fees may differ from purchase to purchase at any time. An order may take up to 7 days to be delivered. Fees accumulate and are due upon your receipt of the services. You accept that you will provide us with current and valid credit card information (name, type, number, expiration date, and so) and hereby authorize us (directly or via our agents) to charge any credit card you have provided in the amount of all or part of the fees payable for the services purchased in addition to any taxes we may be obliged to collect. We may require you to fund in advance your account with us in an amount decided by us at any time. You permit us to make a charge against your account pre-funded balance in the amount of the fees for the leads or any services delivered to you. Pre-funded balances will need to be renewed to maintain the balance at the required minimum amounts stated by us at any time. We retain the right to not deliver the services if there is no adequate balance in your account to pay for the leads or any services.

Purchases of services are not cancellable, and fees paid are not refundable. You are not authorized to use any services that are not paid for.

You may reject a lead for a credit within 10 days of receipt if: (i) the lead has a disconnected phone number; (ii) the lead person is below 18 years of age; (iii) the lead is beyond the geography or not for the service requested by you, where appropriate, or (iv) the lead is a duplicate of another lead we have offered for the same requested services that is generated by the same person (i.e., the leads includes the same name, phone number, address and email address).

Authorized Use and Purpose of Leads

Leads and any other services are rendered on a non-exclusive basis for a particular kind of product or service for which the consumer submitted the online form (“the specific vertical”). You are allowed to use the leads and any other services provided by us exclusively for your internal marketing purposes of proposing only your products and services in the specific vertical to the consumer. You may not use the lead or any of the services for purposes of marketing or offering products and services other than those that the consumer has expressly inquired about, or of third parties.

Leads and services are confidential information of Inturmark. You agree not to share with others, distribute, license, resell or otherwise disclose any or all of the leads or the services or the information included in them, alone or as form of a list or any other data or lead aggregation, to any third party for any purpose, unless only to an entity employed by you as a contractor for the sole purpose of assisting you in line with the authorized use of the leads and the services by you. Leads may be generated from a chosen location. We don’t guarantee a certain result. A lead is a prospect, not a guaranteed sale. All leads delivered over 60 miles are replaced.

Compliance

It is solely your responsibility to become familiarized with all laws, rules and regulations applicable to the receipt, use, storage and safeguarding of data that identifies consumers that we offer you, and to act in accordance with them. You agree that you will maintain commercially reasonable physical, electronic and procedural controls, precautions and protections to safeguard any such consumer information received pursuant to the terms herein from unauthorized use or disclosure, including but not limited to the maintenance of relevant security to limit access to the consumer data exclusively to carry out the purposes for which the information was disclosed.

Warranties & Disclaimer

Notice and Takedown Procedures

In line with each purchase or receipt of services, you warrant and agree that:

  • The use of the services and any calls and any other interactions with and information provided to consumers that resulted from the services will be in compliance with all relevant federal, state and local laws, statutes, rules and regulations, including with no limitation to, the Communications Act of 1934, the Telephone Consumer Protection Act (“TCPA”) and effecting regulations by Federal Communications Commission, the Federal Trade Commission’s Telemarketing Sales Rule, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, and other federal, state and local laws, rules and regulations governing the marketing, sales, and/or promotion of goods or services, including the general consumer protection laws and regulations, or other consumer protection laws that inhibit unfair, misleading, or deceptive practices or acts;
  • Without restraining the generality of any subsection above, you will make no calls to any person listed on any federal or state national Do-Not-Call (DNC) registry except there is an exemption;
  • You will use no lead information for the purpose of determining a person’s eligibility for insurance, employment, credit or otherwise in any way that breaches the Fair Credit Reporting Act;
  • You have disclosed the existence of any federal or state orders, decrees, or consent agreements, and any pending informal or formal government investigations, and you also warrant that if you are involved or named in any action, complaint, investigation or other proceeding by or before any governmental or regulatory body, or any private party, you will provide immediate notice to Inturmark of such action, complaint, investigation or other proceeding; and
  • You will make sure that your employees, agents, and contractors comply with all the foregoing.

The services and the website are provided “as is”, “where is”. Unless as expressly stated in this section, neither party makes any form of warranties to the other, and all statutory, implied or other warranties are disclaimed to the maximum extent permitted by law, including any warranties of merchantability, fitness for a specific purpose, non-infringement, compliance with the laws, title, or based on the course of dealing or use of trade. We don’t guarantee that any information provided by the consumer is correct or complete, or the results to be realized from the leads, including any particular customer conversion rates.

You understand and agree that leads and contact information collected haven’t been screened or validated by us, and are not guaranteed to be correct or error-free and all risks of condition, use, design, fitness, or quality are solely yours.

Indemnification

You agree to indemnify, defend and hold harmless Inturmark and its members, affiliates, officers, directors, assigns and successors from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising out of a third party claim or investigation regarding your, your affiliates’, or your or their employees’, agents’ or contractors’ activities pertaining to the leads or the possession, disclosure or use thereof, including with no limitation to, any consumer contact or information in connection therewith, or any violation of the warranties you made above, including your warrant of compliance with TCPA, or the limitations on the use of the leads. This obligation stays in effect for a period of five (5) years from the date of each lead purchased or acquired by you, and stays in effect thereafter for all claims made or investigations initiated within that period.

Disclaimer and Limitations of Liability

As a condition to providing you with our services, we both agree that, to the maximum extent permitted by law, Inturmark will not be liable to you, your affiliates or respective agents or contractors or any third party, notwithstanding the action or cause, for: (i) any indirect, special, exemplary, consequential or reliance damages arising from the leads or any services, any information we offer you in connection therewith, the terms herein or any matters relating thereto, including with no limitation to loss of revenues, business opportunity, data or profits, even if earlier advised of the possibility of such damages; or (ii) any damages of any kind, in the aggregate at any time, in excess of the amount paid by you to us for the services under the terms herein in the most recent three (3) month period. The limitations and exclusions of liability here shall apply equally for the benefit of Inturmark’s officers, employees, contractors, representatives and affiliates when acting in line with the subject matter of the terms herein.

Termination

Either party may terminate this relationship at any time by discontinuing the provision or purchase of leads or any of the services. These terms will survive termination for any reason, and continue to apply indefinitely to any leads purchased or acquired hereunder and all matters regarding such leads, services or their use, including with no limitation to the use restrictions, indemnification, warranties and limitation of liability, mandatory arbitration provided here.

Mandatory Arbitration

When ordering or registering on our site, you may be asked to enter your email address, phone number, identity and credit card information or other details to help you with your experience.

When do we collect information?

The terms here are governed by the laws of the United States. You and we agree to settle any disputes regarding the terms, the leads or any other services exclusively by binding arbitration, before a single arbitrator, in line with the rules of the American Arbitration Association. The seat of the arbitration will be within the jurisdiction where the defending party resides. The arbitrator shall be chosen in line with the AAA rules, or otherwise as mutually agreed by both parties. To initiate the arbitration process, a party must create a written demand therefor. The decision of the arbitrator may be implemented in any relevant court of competent jurisdiction.

 

Miscellaneous

We are an independent contractor; this means that you and we are not by this agreement in a relationship of joint venturers, agency or partners, and neither party has the power to bind or obligate the other in any kind of way. If any stipulation of this agreement is deemed to be illegal, invalid or unenforceable, in part or in whole, the legality, validity and enforceability of any of the remaining stipulations of this agreement shall not in any manner be affected or impaired thereby and this agreement shall nonetheless be binding between the parties, and such stipulation shall be considered to be restated to show as nearly as possible the original intensions of the parties in line with relevant law, and the remainder of the agreement shall be and remain in full force and effect.

You may not assign nor transfer the leads, services or the terms herein, without Inturmark’s prior written permission, and any attempted assignment or transfer without such permission shall be null and void.

Inturmark reserves the right to update or modify the terms herein at any time based on sole discretion. You are advised to constantly check this page for any modifications