These Terms of Use (the “Terms”) contain the terms and conditions on which we supply content and lead generation services through https://mslpro.co (the “Site”), our mobile application (the “App”), or via other delivery methods to you (the Site, the App, and other delivery methods collectively referred to as the “Service”). Please read these Terms carefully before you start to use the Service. The Service is owned by Reibar Marketing, LLC (“Company,” “we,” “us,” “our”). Company and its affiliates provide the Service to you (the “user”, “you”, and “your”, as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms. These Terms are effective as of June 16, 2023. This version of these Terms replaces and supersedes any prior terms of use applicable to the Service. You may use the Service for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Service.
These Terms constitute a legally binding agreement between you and Company. By using the Service and/or subscribing to the Service, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 21 years of age or older and of legal age to enter into a binding agreement; and (3) accept these Terms and agree that you are legally bound by them. Your use of the Service and/or subscription to the Service manifests your agreement to be bound by these Terms each time you access the Service. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you are authorized to bind that company or legal entity to this Agreement. If you do not have such authority or are unwilling or unable to agree to any of these Terms, do not use, access, or subscribe to the Service.
Company grants you a limited, non-exclusive, non-transferable, revocable license (without the right to sublicense) to make use of our Service, whether through the Site or by downloading and installing the App, including any updates and bug fixes, and regardless of the medium by which the Service is accessed by you (e.g., via a web or mobile browser). Your use is limited to your personal, non-commercial use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
The App may be available for download through the Apple App Store or Google Play Store, (the “App Providers”). Any use of the App is subject to these Terms. To the extent any additional terms and conditions apply to your use of the App through the Apple App store or Google Play store, where applicable, these Terms will control.
You acknowledge that your use of the Service is at our sole discretion and your license to use the Service may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Service, to terminate any user’s account, and to alter or delete any material submitted to the Service through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.
The Service is intended for use by those who are twenty-one (21) years of age or older only. Any use of the Service by persons under 21 years of age is prohibited and will result in immediate termination of their use of the Service.
You may sign up as a registered user of the Service by filling out the relevant form on the Service and creating a password to be used in conjunction with your submitted email address. You are responsible for maintaining the confidentiality of your account and password. You may not register for more than one account.
The Service consists of a free, limited version (the “Basic Service”) and several premium versions with differing functionality based on the selected service level (the “Premium Services”). The Premium Services require a fee. You do not have to become a Premium Services user to use the Service. However, if you are not a Premium Services user, you may be precluded from using certain portions, components, content, features, or resources of the Service. We reserve the right to eliminate or modify any or all of the functionality of the Basic Service at any time without any prior notice to you.
If you have prepaid fees directly to Company for a Premium Service that Company permanently discontinues prior to the end of your then-current subscription term, Company will refund you the prorated portion of the prepaid fees for the then-current term after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
Company has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other Service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
Whether or not you use the Basic Service or the Premium Services, you are responsible for all charges and fees associated with connecting to and using the Service, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes, and any other fees and charges necessary to access the Service.
You can choose to subscribe to one of our Premium Services subscriptions on a monthly basis, or for such other periods that Company may offer from time to time. The applicable fees are set forth during the checkout process through the Service. If you choose to subscribe to Premium Services, you will be responsible for the fixed and/or periodic charges and fees (including prepayment fees and/or recurring fees) that you select at the time of purchase. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
Your payment to Company for a Premium Services subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Premium Services before the end of the then-current subscription period by cancelling your subscription within the dashboard or emailing us at support@mslpro.co. The cancellation will take effect the day after the last day of the then-current subscription period, and you will be downgraded to the Basic Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
Deleting your account does not cancel your Premium Services subscription. All recurring fees shall be charged to the payment method you initially provided at the time subscription.
Company may from time to time make changes to Premium Services subscriptions, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Premium Services subscription prior to the price change going into effect.
If you wish to change your payment information, you can do so at any time by following the instructions in your account settings or contacting us at support@mslpro.co. We will attempt to process all cancellation requests within seventy-two (72) hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
The Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications“) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices“). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Company does not guarantee that Third-Party Applications and Devices will be compatible with the Service.
You represent and warrant that all information you provide to us through the Service, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
By creating an account with the Service, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Service, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation.
From time to time, we may make available on the Service certain services, features, or sections that allow users to post or upload materials to the Service. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not Company, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Service, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) violates the intellectual property rights of other; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the Service, you hereby expressly grant Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
Company disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the Service. The opinions expressed in postings or other Content on the Service may not represent the views or opinions of Company or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Service is provided “as is.” You understand that by using the Service, you may be exposed to Content and Non-User Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You should be aware that your use of and reliance on Content is at your own risk.
Company has no obligation to review, monitor, delete, or edit the Service, including user Content. However, you acknowledge and agree that Company has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public.
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Service or any of the content on the Service; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Service; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Service, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Service’s listings or content; (e) circumventing or attempting to circumvent the security of the Service; (f) interfering or attempting to interfere with the proper working of the Service or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Company or users of the Service or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Service; (h) attempting to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Service, except as authorized by Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service; (k) using reports, content, electronic documentation, or other materials available on the Service to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Company users to a third party; (m) making commercial use of the Service or any of its content; (n) using the Service to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.
Unless otherwise noted, all content provided on the Service, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Company or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Service is either the property of Company or is used by us with the permission of its owner. The compilation of the Service is the exclusive property of Company and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Company’s ownership of the Service and content.
The trademarks, logos, and service marks displayed on the Service are owned by Company and other third parties, and the Service’s trade dress is owned by Company. All trademarks not owned by Company are the property of their respective owners, and, where used by Company, are used with permission. Nothing contained on the Service may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Service.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Service, including any copyrighted or trademarked content. You may only use the materials and content on the Service as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Service is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Company is not responsible for these financial transactions, the security of your financial information with respect to these transactions, and any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
By making payments through the Service, you agree to pay us—through the Payment Processor or respective App Provider—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor or respective App Provider, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor or respective App Provider, do not receive payment from you, you agree to pay all amounts due upon demand.
The information on the Service may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, lead information, and availability. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.
The Service may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. Company does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.
For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that Company 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, goods, or services available on such other websites. Company shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.
We may now, or in the future, offer our App for download through the Apple Inc. (“Apple”) App Store. If you download our App from the Apple App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Company only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
In providing the Service to you, Company reserves the right to update and/or change its strategy used to collect lead information at any time. Although Company will use commercially reasonable efforts to supply leads to you in the amount and at the times requested, Company is not responsible for leads not delivered to you for any reason (including, without limitation, Service outages), and no refunds will be issued for any such leads that are dispatched by Company but not received by you for whatever reason.
Company will retain ownership of all leads. You acknowledge and agree that: (i) Company makes no guarantees, representations, or warranties of any kind that any minimum quantity of leads will be provided to you, and the number of leads provided hereunder will vary depending on numerous factors; (ii) Company has no obligation to provide any specific leads to you; (iii) leads received through the Service may not satisfy all of your specifications regarding acceptable leads or otherwise meet your provided or requested parameters; (iv) Company makes no representations or warranties with regard to the accuracy, legitimacy, or completeness of the information contained within any leads; and (v) Company makes no representations or warranties as to the ability of you to use the information contained within any provided lead to contact any individual in compliance with relevant laws and regulations, including data privacy regulations, and does not warrant that the proper consent to initiate such contact has been obtained from any individual. You understand that all leads provided through the Service are provided on a non-exclusive basis, and that all leads and other data provided by Company through the Service maybe also be provided by Company to other third parties that compete with you.
By using the Service, you represent and warrant that you (i) have provided or will provide all necessary disclosures to, and have obtained or will obtain all necessary consents from, the individuals who will be contacted utilizing the information contained within any leads provided by Company, as required by the Telephone Consumer Protection Act (“TCPA”) as set forth in 47 U.S.C. § 227 and any other applicable laws and regulations; (ii) have implemented and will maintain appropriate procedures to ensure ongoing compliance with the TCPA and any other applicable laws and regulations as long as you maintain an account with Company; and (iii) any and all phone calls, text messages, and other direct marketing communications sent to individuals in connection with the Service or the leads obtained through the Service shall be sent in compliance with the TCPA and all other applicable laws and regulations.
Further, by using the information contained within the leads obtained through the Service to contact individuals, you hereby agree that you are solely responsible for compliance with all applicable federal, state, and local laws, rules, regulations, and industry standards related to such communications, including but not limited to the TCPA, and any regulations promulgated thereunder. You acknowledge and agree that is your sole responsibility, not Company’s, to ensure that any and all use of the lead information obtained through the Service is in compliance with all applicable laws, rules, regulations, and industry standards.
THE SERVICE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION ACCESSIBLE THROUGH THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. YOUR USE OF AND RELIANCE ON THE SERVICE AND ANY CONTENT, INFORMATION, AND LEADS AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE, OR TRADE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SERVICE.
COMPANY, its affiliated entities, officers, directors, employees, and agents, expressly disclaim any and all liability for any claims, charges, judgments, costs, liabilities, damages, losses, or expenses arising from or related to the USE OF ANY LEADS, ASSOCIATED CONTACT INFORMATION, OR OTHER INFORMATION PROVIDED THROUGH the SERVICE, AS set forth in thESE TERMS, including but not limited to any claims brought by a third party under the TCPA OR OTHER DATA PRIVACY LAWS OR REGULATIONS. YOU, THE USER, assume all risks and liabilities associated with USE OF THE LEADS, ASSOCIATED CONTACT INFORMATION, OR OTHER INFORMATION PROVIDED THROUGH the SERVICE.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SERVICE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT COMMUNICATIONS BETWEEN YOU AND COMPANY, OR ANOTHER USER OF THE SERVICE, WILL BE SECURE FROM INTERFERENCE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS.
THE SERVICE IS CONTROLLED, OPERATED, AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. ANY OFFER FOR ANY SERVICE OR PRODUCT MADE IS VOID WHERE PROHIBITED.
NEITHER COMPANY NOR ANY OF COMPANY’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR THE LEADS AND/OR INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (1) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR LOST PROFIT; (2) ATTORNEYS’ FEES; OR (3) ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SERVICE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON COMPANY’S COMPUTERS AND/OR SERVERS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF COMPANY’S SERVICE OR THE LEADS AND/OR INFORMATION OBTAINED THROUGH THE SERVICE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE OR THE LEADS AND/OR INFORMATION OBTAINED THROUGH THE SERVICE EXCEED THE AMOUNT YOU PAID TO COMPANY TO ACCESS THE SERVICE IN THE PRECEDING TWELVE (12) MONTHS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any and all claims, including but not limited to third party claims, judgments, demands, damages, costs, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Service; (b) your use of any leads or information obtained through the Service; (c) your reliance upon any leads, information, or content obtained through the Service; (d) Content you post or submit to the Service; or (e) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Service, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or the Service, your sole and exclusive remedy is to discontinue using the Service.
The laws of the State of Tennessee shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Service, whether at law or in equity, must be brought in the state or federal courts located in Knox County, Tennessee and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any aspect of the Service or these Terms when and to the extent such failure or delay is caused by or results from acts beyond Company’s reasonable control (each, a “Force Majeure Event”), including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades; (f) action by any governmental authority; (g) governmental health restrictions or advisories; (h) disease, epidemics or pandemics; (i) national or regional emergency; and (j) any other similar events or circumstances.
These Terms, including any documents referenced herein, represent the entire understanding between you and Company regarding your relationship with Company and use of the Service, and supersedes all other agreements, express or implied, written or oral, between you and Company. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Company.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms. Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, licensing, ownership, confidentiality, damage limitations, venue, jurisdiction, and indemnification.
Company respects and is committed to the security and confidentiality of your personal information. Please review our Privacy Policy, which also governs your use of the Service, to understand Company’s privacy practices. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed at https://mslpro.co/privacy.
We reserve the right to make changes to these Terms from time to time, in our sole discretion, by notifying you of such changes, if material, by any reasonable means, including by posting the revised Terms on the Service. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. Premium Services subscribers who do not wish to continue using the Service under the updated Terms must close their account with Company prior to the renewal date of their then-current subscription period. If you do not agree with any changes to these Terms, do not use or access the Service.
Where required, Company may give notice to you by a general posting in the Service, by electronic mail, or by conventional mail to your address of record. You may give notice to Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Service, or your dealings with Company, please contact us at:
Attn: Matt
Motivated Seller Leads Pro
2817 West End Ave #126-177
Nashville, TN 37203
615-437-7551
support@mslpro.co