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POWERLINE LEADS

Terms of Use Agreement

Last Updated: August 13, 2020

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Powerline Group (“Powerline Leads”, “we,” “us” or “our”), concerning your access to and use of the www.powerlineleads.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). This Agreement also covers the Terms and Conditions concerning your use of and rights to the purchased list of data from Powerline Group.

Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that by accessing the Site and by purchasing data from Powerline Group, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and from availing our Services, and you must discontinue use or purchase immediately.

Furthermore, the Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

I. Terms of Purchase

The Term of the Agreement will begin on the date the customer has purchased a list of data from Powerline Group as evidenced by an Electronic Receipt, Order Number, and Transaction ID as proof of payment.

II. Ownership (Intellectual Property Rights)

The term “Powerline Group Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by Powerline Group, work product produced by Powerline Group, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by Powerline Group, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces, and other work product, ideas, concepts or techniques which Powerline Group may develop, use, or rely upon in providing the Data to you.

Unless otherwise indicated, all Powerline Group Property shall be and will remain the property of Powerline Group. As between you and Powerline Group, Powerline Group shall be the sole and exclusive owner of all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

III. Limited License

Upon your execution of the Agreement and the payment of all amounts due to Powerline Group, you are granted a personal, non-transferable, and non-exclusive license to use the Data solely for your direct marketing, market research, and customer prospecting purposes, in strict accordance with the terms of the Agreement. Upon expiration or termination of the Agreement, you shall discontinue use of the Data and, as requested by Powerline Group, either (a) return the Data to Powerline Group without retaining any copies thereof or any notes or other information thereon, or (b) provide a certificate, executed by you, in form and substance satisfactory to Powerline Group, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.

IV. Limitations on Use

By using the Site and the Services of Powerline Group, you represent, agree, and warrant that:

  1. Unless specifically authorized in advance and in writing by Powerline Group, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
  2. You will not name or refer to Powerline Group or your use of the Data in any of your advertisements or promotional or marketing materials.
  3. You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement.

V. Your Responsibilities; Use of Email Data; Review and Audit by Powerline Group

By using the Site and the Services of Powerline Group, you represent, agree, and warrant that:

  1. Your use of the Data will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association (“DMA”) and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines. You acknowledge and agree that it is your sole responsibility to determine the applicability of and ensure your own compliance with, any such Laws.
  2. Your use of any United States email Data will comply with all Applicable Laws including, without limitation, the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, and any State Registry laws.
  3. Certain data may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those, and you further agree to comply with all such relevant Laws relating to any such do-not-contact lists.
  4. Powerline Group reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of Powerline Group to review such use will not constitute acceptance of such use or waive any of Powerline Group’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days’ notice, Powerline Group may audit your records to determine whether you are in compliance with this Agreement, and you will make available to Powerline Group or its representatives all records necessary for the conduct of such an audit.
  5. Powerline Group further reserves the right to require additional terms and conditions, or require you to enter into additional agreements, prior to providing you with certain Data.

VI. Limitation of Liability

Powerline Group will not be liable for any claim, demand, loss, liability, damage, injuries, cost, or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential, or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Powerline Group to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Powerline Group was advised of the possibility of such damages. Powerline Group’s maximum liability under the last sentence of Section XVI will not exceed the amount you paid Powerline Group under the Agreement within the 12 months preceding the event which gave rise to Powerline Group’s liability.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

VII. Your Indemnification of Powerline Group

You shall indemnify, defend, and hold harmless Powerline Group, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys’ fees and legal costs) made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site; (6) or any violation of the Agreement or any violation of Laws.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

VIII. Interruption of Service

You acknowledge that, given the technical nature of resources Powerline Group requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in Powerline Group having any liability to you or others and shall not suspend or eliminate your payment obligations to Powerline Group or provide you with any refund rights for amounts previously paid to Powerline Group.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

IX. No Assignment by You

You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of Powerline Group, whether by operation of law or otherwise, and any attempt to do so shall be void.

You agree not to sell or otherwise transfer your profile.

X. Additional Remedy of Termination

In addition to all other legal rights and remedies available to Powerline Group for any apparent, threatened, or actual breach or violation of the Agreement by you, Powerline Group has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if Powerline Group believes you are not complying in full with the Agreement.

Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

XI. Governing Law; Jurisdiction

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in Florida, and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.

XII. Entire Agreement; Amendment or Waiver

The Agreement contains the entire understanding between you and Powerline Group and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Powerline Group. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

XIII. File Management Library

Powerline Group may provide a file management library allowing you to access certain data for your internal use. Powerline Group reserves the right to delete or disable File Management Library or user dashboard at any time; You acknowledge that any file management library is made available for your convenience and is not intended to be used as a data backup service or in connection with disaster recovery. You are responsible for maintaining independent copies of all your data, including backup copies. All data in the dashboard may be deleted by Powerline Group as it sees fit.

XIV. Execution; Counterparts

The Agreement may be executed in its original, by facsimile or in electronically transmitted portable document format, and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document.

XV. Changes to this Terms of Use Agreement

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

This Terms of Use Agreement is effective as of August 13, 2020 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

If we make any material changes to this Terms of Use Agreement, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

XVI. Disclaimer of Warranties; Limited Warranty

THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. POWERLINE GROUP DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS, OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, POWERLINE GROUP DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE 14 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT AND NOTIFY POWERLINE GROUP OF ANY PROBLEMS OR MISTAKES IN THE DATA, AND IF YOU SO NOTIFY POWERLINE GROUP WITHIN THAT 14-DAY PERIOD, THE PROBLEM OR MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.

XVII. QUESTIONS OR CONCERNS

In order to address any questions or concerns about Powerline Group’s privacy efforts or data products, or to resolve a complaint regarding the Site, please contact us at:

Powerline Leads
1660 Route 112 - Suite F, Port Jefferson Station, NY 11776
888-219-4104
support@powerlineleads.com