These
terms and
conditions represent that "Advertiser" as used herein means the
person or company contracting for these services. The term "ad
campaign" refers to the promotional efforts on your behalf. The term
"recurring billing" should be taken to refer to the schedule of
payments made by you, the "advertiser".
Advertisers contracting for recurring billing.
1. Acceptance Of This Agreement
Your access to and use of this website ("the Website") is subject
exclusively to these and Conditions. You will not use the Website for
any purpose that is unlawful or prohibited by these Terms and
Conditions. By using the Website you are fully accepting the terms,
conditions and disclaimers contained in this notice.
All orders are subject to acceptance by Phoenix@Global Enterprises, Inc,
DBA Leadpros.Com. All orders are subject to the terms and conditions of
any search engine on which ads will be placed. Account activation is
subject to the receipt of appropriate payment.
Phoenix@Global Enterprises, Inc does not accept the following sites:
adult sites; gambling sites; pharmaceutical sites; sites with copyright
violations; sites that sell guns and ammunition; and sites that sell
fake or replica products.
Phoenix@Global Enterprises, Inc reserves the right to refuse service to
anyone.
Advertiser is solely responsible for any legal liability arising out of
or relating to (i) the Ad and/or any material to which users can link
through the Ad Link position. Advertiser represents and
warrants
to Phoenix@Global Enterprises, Inc, and any entities ("Third Party
Entities") to and by whom Ad Links are delivered for display to users,
that it holds the necessary rights to permit the use of Ad Links by
Phoenix@Global Enterprises, Inc for the purpose of this
Agreement;
and that the use, reproduction, distribution, transmission, or display
of Ad Links, any data regarding users, and any material to which users
can link through the Ad position will not violate any criminal laws or
any rights of any third parties or contain any material that is
unlawful, harmful, fraudulent, harassing, obscene or otherwise
objectionable.
2. Advice
The contents of the Website do not constitute advice and should not be
relied upon in making or refraining from making, any decision.
3. Indemnity
Advertiser agrees to indemnify and to hold Phoenix@Global Enterprises,
Inc and Third Party Entities harmless from and against any and all
liability, loss, damages, claims, or causes of action, including
reasonable legal fees and expenses arising out of or related to (1)
Advertiser's breach of any of the foregoing representations and
warranties, or (2) any other third party claim with respect thereto.
Advertiser agrees that Phoenix@Global Enterprises, Inc shall
not
be liable to Advertiser for any claims or damages which may be suffered
by Advertiser, including, but not limited
to, losses or damages resulting from the loss of data or internet
services as a result of delays, nondeliveries, or service interruptions
unless such damage is caused by an intentional act of Phoenix@Global
Enterprises, Inc
4. Copyright
With regard to Link Positioning on the search engines, the means,
materials and sources used by Phoenix@Global Enterprises, Inc to achieve
search engine positioning for the Advertiser, shall remain the
Intellectual Property of Phoenix@Global Enterprises, Inc. The
Advertiser agrees not to use or disclose the information to others
without the expressed written permission of Phoenix@Global Enterprises,
Inc. Phoenix@Global Enterprises, Inc will be entitled to
obtain an
injunction to prevent threatened or continued violation of this
Agreement, but failure to enforce this Agreement will not be deemed a
waiver of this Agreement.
5. Terms Of Service - Recurring Billing Account
.
Upon completion of the signup process initial billing is required.
Recurring billing starts on the original signup date in all future
months. Phoenix@Global Enterprises, Inc reserves the right to change
prices at any time provided advertisers are notified at least 30 days
prior. Advertisers will be notified via the contact email address
associated with this ad campaign of any such changes prior to them
being initiated. Advertisers will be given the opportunity to terminate
any recurring billing prior to the next bill date.
6. Termination Clause - Recurring Billing Account
Leadpros customer service can be reached Monday through Friday, 9:00am
- 6:00pm PST at
888.841-1494. Request for recurring billing cancellations can be
processed by speaking with
one of our customer service representatives. All future billings to
advertiser's ad campaign will be terminated within 48 hours.
Advertisers will need to request cancellation of their account three
(3) days before the next date of submission and billing in order to
avoid being charged for an additional month of service. Upon
cancellation ad campaign sponsored listings will remain in effect until
the end of the ad campaign's payment cycle.
Advertiser's ad campaigns can be terminated for failing to make the
recurring billing payment
on time regardless of the reason. It is the responsibility of the
advertiser to keep all payment
information up to date and to have sufficient funds available on the
billing date. Failure to do this will result in ad campaign
termination. Advertisers can update their billing information at any
time by calling Phoenix@Global Enterprises, Inc at (888) 841-1494 or
(323) 298-7577, or by emailing us at billing@leadpros.com with your updated
information. If Phoenix@Global Enterprises, Inc is unable to authorize
a recurring charge, Phoenix@Global Enterprises, Inc will continue to
attempt to charge your card every day. Advertisers may receive a warning
email that their ad campaign
will be paused and/or terminated if authorization cannot be achieved.
7. Jurisdiction and Venue
Any dispute between the advertiser and Phoenix@Global Enterprises, Inc
will be decided in
Los Angeles, California by the appropriate Los Angeles County court.
8. Severability
In the event that any provision of this Agreement is declared by any
judicial or other competent
authority to be void, illegal or otherwise unenforceable or indications
of the same are received
by either advertiser or Phoenix@Global Enterprises, Inc from any
relevant competent authority,
we shall amend that provision in such reasonable manner as achieves the
intention of the parties
without illegality or, at our discretion, such provision may be severed
from this Agreement and
the remaining provisions of this Agreement shall remain in force and
effect.
9. Refund Policy - Recurring Billing Account
If the advertiser's site is not listed in the sponsored links of Google
and Yahoo within 48 hours
of the order being processed the advertiser can receive a full refund
upon request. Advertiser
will only be entitled to a refund during the first month (30 days) of
service. If advertiser continues his ad campaign after the first
billing, advertiser will no longer be entitled to a full refund.
Charges incurred after cancellation are entitled to a refund provided
proof of cancellation is presented.
There are no partial refunds for any reason.
Phoenix@Global Enterprises, Inc makes absolutely no warranties, expressed or implied as to hits, page rank or any other
metrics.
10. Changes to Website, Software, and Services
Phoenix@Global Enterprises, Inc reserves the right to;
a). change or remove
(temporarily or permanently) the Website or any part of it without
notice and you confirm
that Phoenix@Global Enterprises, Inc shall not be liable to you for
any such change or removal.
b). change, remove, or
discontinue any software, service, or promotion (including but not
limited to any
previsions, parts thereof, licensing, pricing) as advertised on this
website
at any time without
notice and you confirm that Phoenix@Global Enterprises, Inc shall not
be
liable for any such change
or removal.
c). change or discontinue
any promotional discount vouchers or coupon codes at anytime
with
notice and you confirm
that Phoenix@Global Enterprises, Inc shall not be liable for
any such change or
removal.
d) change this
Agreement at any time, and your continued use of the Website following
any changes
shall be deemed to be
your acceptance of such change.
11. Entire Agreement
This Agreement and any and all exhibits and attachments are the
complete and exclusive Agreement between the parties with respect to
the subject matter hereof. The terms and conditions of this
agreement will prevail over any contrary or inconsistent terms in any
purchase order or Advertiser insertion order. This Agreement supercedes
all previous agreements.
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