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Definitions of Terms
ABD refers to The Company, American Business Direct, ABD, americanbusinessdirect.com
Participating Firms refers to affiliates of ABD (Finance Firms, Lending Firms or any Firm affiliated with ABD)
Request: Your personal financial information submitted by phone or internet from to ABD.
You, the Client, the consumer, the customer may be used interchangeably.
Terms and Conditions
The following terms and conditions govern all use of American Business Direct and the americanbusinessdirect.com website(s) as well as all content, services and products available at or through the website or via telephone. Please read these Terms and Conditions carefully before using the Website or contacting American Business Direct (herein referred to as “ABD”).
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may be denied any of ABD’s services. The Website is owned and operated by American Business Direct, L.L.C. (“ABD”) which is a limited liability company headquartered in Phoenix Arizona. American Business Direct, LLC is an Internet based, computerized lead generator.
“A Request” is your information, and the consent you automatically give in the act of submitting said information, which allows us (ABD) to determine the best assistance available to you (the “Client”). ABD is an Internet based, computerized lead generator that requires your information in order to determine your options. When you submit any information to ABD, either on line or via telephone, you are giving ABD your consent to forward your personal and financial information to our participating affiliates and affiliate firms. It is with the submission of this personal and financial information (the “Request”) that ABD and its affiliates can determine any assistance for which you may be eligible. A Request is not an application for credit, nor an application for a loan. ABD does not make loans, nor does it make credit writing decisions in connection with loans. ABD is not a bank, lender, broker, nor law firm. ABD does not issue loan commitments, loan approvals, loan status agreements, nor lock-in agreements. ABD is not an agent of you, the client, nor is it the agent of any participating bank, lender nor mortgage loan broker (“Mortgage Lenders”). ABD does not charge you any fees for its services. ABD is directly compensated for their work through payment from the Participating Firm in amounts that vary according to the service or product supplied to the Client by the Participating Firm. ABD makes neither loans nor credit underwriting decisions in connection with loans.
As the services of ABD are administrative and consultative only, you (the “Client”) should examine all the available services offered through ABD and use your own judgment in deciding which of these services works best for your needs and financial situation. You are under no obligation to use ABD to commence the financing process. ABD does not provide the client with competing quotes from different lenders, and there are no guarantees that completing a loan request to the Participating Firm provided through ABD will result in a loan.
The Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant’s income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
Privacy Policy
ABD’s Commitment to Privacy
Your privacy is important to us. Our commitment to safeguarding your experience online can be viewed in our Privacy Policy below. By accessing or using any part of the web site, you agree to become bound by the Privacy Policy stated here. If you do not agree to all the terms of this Privacy Policy, you should not use or access this site. Our Privacy Policy is updated and changed as needed in order to remain current with our business and the laws of Internet Privacy. We suggest that you periodically check this page for any changes that may occur. Any amendments to the Privacy Policy are effective upon their posting to the site. Revision of this Privacy Policy will be displayed via a link on the ABD website, so that you may stay informed about what information is being gathered and how it is being used. In order to allow you to make full use of our many offerings, your personal information may be used as follows.
Effective Date of Policy:
January 1st, 2008
What Personal Information does ABD Collect?
When you submit a query, ABD collects your name, mailing address, phone number, and email address. In order to provide you with a consultation, we also ask for your current loan amount, your monthly payment and the number of scheduled payments you have failed to meet. This information is collected primarily through the “Submit Query” web form on the ABD site. A link to this Privacy Policy can be found on the Submit Query form wherever it appears on the site. Additional personal financial information may be collected when you use ABD’s services, report a problem or contact ABD through the site or by email, phone, fax or direct mail. ABD may keep records of any correspondence you have with the company. ABD will only collect information that we consider necessary to provide you with a safe, smooth, effective, and personalized experience.
When is My Personal Information Collected?
Personal information is collected when you register for services, request information, or contact the company either by phone, direct mail, email, or through the site. In addition we use “cookies” to collect data when you visit the site.
Passive Information Collected or “What Are Cookies?”
“Cookies” are data collection devises that are transferred to you’re your computer’s hard drive through your Web browser. The cookies store and sometimes track information about you, and enable our site to recall your specific information on subsequent visits. In addition, cookies collect IP addresses for system administration and measure your visiting patterns so that we can continue to improve the site as we see which pages are being visited most or where visitors are spending their time on the site. You have the ability to accept or decline cookies by modifying your web browser; however, if you choose. The purpose of these cookies is to facilitate the use of the site and to help ABD provide safe and personalized assistance. Advertising networks may serve advertisements onto the site and may use their own cookies or web beacons to monitor your online activities. We do not control the use of cookies or web beacons by third parties.
How does ABD use the Information it Collects?
As a service and information provider, it is essential for ABD to have your personal information in order to process requests and provide you with the assistance we advertise through this site. Both the passive information collected and the personal information you release to us may also help us to resolve disputes; troubleshoot problems; respond to your inquiries; detect and protect against error, fraud, or other criminal activity; and enforce our User Agreement.
Who Sees my Personal Information?
When you visit the ABD website and are asked to provide personal information, you are sharing that information with us alone, unless we specifically state otherwise. We will always try to provide notification before your information is collected or maintained by any company other than American Business Direct.
Advertisers or other sites which link to ours may collect personally identifiable information about you according to their own Privacy Practices. If you choose to leave americanbusinessdirect.com via a link displayed on the website, and you then enter another site (including those of our advertisers, content providers, vendors, affiliates and partners), your visits to these sites are not covered under this Privacy Policy.
Are There Other Third Parties Who See My Personal Information?
At times we may share your information with select third parties who are offering goods or services that we feel might be of interest to you. At times we may partner with another company so that we may offer co-sponsored or co-branded promotions, products and services. In these cases we will share your information with the co-sponsor.
We rely on third-party service providers to help us deliver products and services, and also have third parties involved in sending out promotional materials via e-mail or direct mail. The processing of credit cards and the administration of sweepstakes and surveys all require us to share your information with a third party. The use of a credit card to purchase good or services on the site may require us to share your information with the credit card company.
In addition, we will disclose your personal information without your permission when we believe in good faith that said release is legally required, or that it is necessary and desirable in pursuing an investigation or protecting against harm that may be inflicted on other clients, customers, employees, or other persons, or to property (which includes this website).
California Residents
California Civil Code Section 1798.83, also known as the Shine The Light law, permits our clients who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. In addition, California residents will not have their information shared with any companies outside ABD and our Participating Firms without express consent from the client. To obtain such information, or grant consent, please contact our legal department at:
American Business Direct1900 W. Chandler Blvd., Ste. 15-370
Chandler, Arizona 85224
or email: contact@americanbusinessdirect.comcontac
ABD reserves the right not to respond to requests submitted to any addresses other than the Chandler, Arizona or email addresses specified above.
What Happens After I Submit my Personal Data?
Once your data are submitted on the site, an ABD agent, or an agent working on behalf of ABD will contact you. Communication may be via telephone, email or direct mail. In addition, ABD may send you future emails regarding our products and services. If you wish to opt out of these communications, please do so by contacting us through the site or write to us at:
American Business Direct
1900 W. Chandler Blvd., Ste. 15-370
Chandler, Arizona 85224
Be advised that if you have completed a contact form on americanbusinessdirect.com, you have expressly agreed to be contacted via telephone by ABD, regardless of having a number listed on the National Do Not Call Registry.
If you have submitted personal information through our website and would like that information deleted from our records, or if you wish to change or update the information please contact us via the website, or by writing to the Chandler, Arizona address above.
What Are My Obligations When Visiting the Site?
Recognizing the global nature of the Internet, you agree to comply with all applicable local laws and rules regarding online conduct and privacy, as well as content. Specifically, but not as a limitation, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
Do Not Call Policy
If you do not want to receive calls from American Business Direct LLC, you can ask us to place your telephone number on American Business Direct LLC’s "Do Not Call" list. In the case of multiple telephone numbers, tell us all numbers you want to be included. Once you have submitted your request by writing or phone, please allow up to 30 days for your telephone number to be removed from any sales programs.
In compliance with federal and state law, your request will be documented immediately. Being on ABD’s "Do Not Call" list, means that you will not receive sales calls from any representative of American Business Direct, LLC. We may still contact you, however, for non-solicitation purposes.
Many "Do Not Call" regulations permit companies to contact their own customers even though your number(s) are on these other "Do Not Call" lists. Therefore, if you are an American Business Direct LLC customer, American Business Direct LLC may contact you even though you are on these other “Do Not Call” lists. If you do not want to be contacted by American Business Direct LLC, simply follow the steps above to be placed on [American Business Direct LLC]’s “Do Not Call” list and your request will be honored.
SPAM Policy
ABD does not tolerate SPAM and maintains a SPAM policy consistent with the CAN-SPAM Act of 2003. SPAM is defined as unsolicited email sent in bulk or by single mailing. Spamming is a violation of this site’s Terms of Use. You are not licensed to add a user or business owner to your mailing list (email or physical mail), without that user’s affirmative consent. You are not licensed to use SPAM in promoting any sites we host. You are not authorized to send unsolicited email from any domain or site associated with us. Such actions will result in the immediate suspension or termination of your account, including a cancellation of all pending commissions. Such actions will also result in you being in violation of our User Agreement and subject to legal action and liability for any financial loss incurred by us.
For our part, American Business Direct lead development clients agree to not utilize SPAM in promoting and developing leads to be used by our affiliates. To do so may result in the immediate suspension or termination of that development client’s relationship with the company and a cancellation of any pending commissions. If American Business Direct experiences a service interruption as the result of an American Business Direct lead development client’s Spamming, the development client will be billed $200 US Dollars per hour until service is restored. In addition, violators may be fined $50 US dollars per incident. Emailing anyone, in bulk or single mailing, about American Business Direct and any of its products, services, or provided gateways without first obtaining permission directly from American Business Direct lead development client, is guilty of Spamming. Sending unsolicited email messages with the URL of any ABD’s products (or any directions to the URL of any American Business Direct products) contained in any part of the email, without having previously requested and received permission from the recipient is considered SPAM. SPAM includes but is not limited to:
- Usenet and Message Board Spamming (These are sent or posted messages that are misleading to potential referrals and unrelated to the topic of discussion.)
- Chat Room Solicitations (Solicitations posted in chat rooms or by use of instant messaging.)
- Non-Computer Related Spamming Activities (Distributing printed materials on private property, or where otherwise prohibited by law, for the purpose of acquiring referrals.)
Is there a Mailing or Email list?
Sometimes a source, acting on behalf of American Business Direct, will send mailings to Appropriate OPT-IN mailing lists.
What Safety Precautions Protect the Data I Submit on Your Site?
We know how important it is to keep your personal information safe. To ensure that your information is being treated securely and in accordance with these Terms and Conditions and our Privacy Policy we take several steps including storing your information on servers located in the United States, and mechanical and procedural safeguards such as encryption to protect your personal information against loss, theft, or unauthorized access and disclosure.
Unfortunately, no Internet data transmission can be guaranteed to be 100% secure. Therefore, we can neither warrant nor ensure the security of information you transmit to us, or from our online products and services. When you interact through this website you do so at your own risk. Once your transmission reaches us, we do our very best to secure it on our systems.
Because the site uses Microsoft BackOffice/Resources, your account information is password protected so that you alone have access to this personal information. We recommend that you do not disclose your password to anyone. Know that ABD will never ask you for your password in an unsolicited phone call or email. If you choose to share your User ID, password, or Personal Information with third parties, you should be aware that you will no longer be under ABD’s Privacy Policy and will be responsible for all actions you take with your account in your dealings with the third party. It is recommended you familiarize yourself with that site’s Privacy Policy, as losing control of your password could lead to a substantial loss of control over your personal information which in turn could subject you to legally binding actions taken with your identity. If you feel your password has been compromised, you should change it immediately.
Children’s Online Privacy Protection Act
This site is operated in accordance with the Children’s Online Privacy Protection Act. Persons under the age of 18 are not authorized to use this site nor submit personal information to us. ABD does not share with third parties the personal information of anyone under the age of 13. We do not sell or rent the personal information on any of our users, regardless of age.
Disclaimer
American Business Direct and its affiliates offer you, the homeowner, accurate and timely information to assist you with your situation. Understand that neither the publisher nor the author is authorized to render professional advice or services, in the areas including but not limited to legal, accounting, and or investment advice. Information obtained from this web site, including email responses from American Business Direct or its affiliates should be considered as general educational information. Do not rely solely upon the advice given here. Your individual situation may differ. Only your attorney or accountant can reliable assess your individual situation and give you advice. If legal advice, or other expert assistance, is required the services of a competent professional person should be retained.
This web site’s owner(s) and the subsidiaries, affiliates, officers, directors, agents, and employees of American Business Direct, specifically disclaim any liability, loss or risk, personal or otherwise, incurred as a consequence directly or indirectly of the use and application of any information you obtain as a result of your use of this site.
By reading this you agree to indemnify and hold American Business Direct and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand that arises out of your use of the information you obtain from this web site, links from this web site, or via e-mail in response to questions posted on this web site or e-mailed to American Business Direct.
No part of this web site or the emails you receive from American Business Direct or its affiliates may be reproduced in any form or by any means without written permission.
Web Affiliate Program
American Business Direct LLC offers its Web Affiliate membership free of charge*.
*Just pay one-time shipping and processing fee of $49.95 for the American Business Direct welcome package.
American Business Direct (“ABD”) pays its Web Affiliates up to $25.00 for each Qualified Application/Valid Inquiry generated through the Web Affiliate's web portal. Whether an application is a Qualified Application/Valid Inquiry is determined by our Participating Firms according to the following criteria: 1) applicant must have a minimum unsecured debt of $10,000.00 or greater; and 2) be of legal age of 18 years or older and currently own their home; and 3) be currently employed on a full-time basis; and 4) currently be in possession of a valid checking or savings bank account; and 5) have provided verifiable contact information; and 6) have completed and signed the relevant paperwork required for the inquiry. Web Affiliates will be able to see and track the number, but NOT any personal or identifying information, of Qualified Inquiries they have generated on their exclusive web portal.
The Company pays its Web Affiliates up to $5.00 for up to a maximum of 20 “Non Qualified Inquiries/Non Valid Inquiries” generated through the Web Affiliate's web portal as long as 20 “Non Qualified Applications/Non Valid Inquiries” are generated within the same calendar month. Whether an application is a “Non Qualified Application/Non Valid Inquiry” is determined by our Participating Firms according to the following criteria: The applicant must 1) legally be 18 years or older in current possession of a valid checking or savings bank account; and 2) have provided verifiable contact information; and 3) have completed and signed the relevant paperwork required for the application. Web Affiliates will be able to see and track the number, but NOT any personal or identifying information, of “Non Qualified Applications” they have generated on their exclusive web portal.
Qualified Applications generated between the first (1st) day of any month through the last day of any given month are paid via certified check payable to the Web Affiliate on the fifteenth (15th) day of the subsequent month. [For example: compensation for any Qualified Applications generated from July 1st, 2009, through July 31st, 2010, will be paid in full by August 15th, 2010.] If a Web Affiliate generates ten (10) or more Qualified Applications within any given calendar month, the Web Affiliate will receive an additional $250.00 for every ten (10) Qualified Applications generated. [For example: if John Sample generates ten (10) Qualified Applications between July 1st, 2009, and July 31st, 2009, John will receive customary payment equal to $25.00 X 10 Qualified Applications = $250. In addition, John Sample will receive the bonus $250.00 for exceeding ten (10) Qualified Applications in July alone. Therefore, John Sample's total payment for the month of July would be $500 ($25.00 X 10 Qualified Applications = $250 + $250 bonus = $500 total.) However, if those same ten (10) loan applications were generated between July 15th 2009 and August 15th 2009, John Sample would only receive the regular $25.00 per Qualified Application payment. If John Sample generated twenty two (22) Qualified Applications within any given calendar month, he would receive 22 x $25 = $550 + $250(bonus for the first 10) + $250(bonus for the second 10) giving a total of $1050.]
All Web Affiliate memberships are for an initial six (6) month period from the original start date of membership. If a Web Affiliate wishes to renew their affiliate membership beyond the initial six (6) month period, the Company requires the Web Affiliate to complete and return an ABD Membership Renewal Form prior to the expiry of their membership. This form is accessible online through the Web Affiliate's web portal or by request from ABD’s customer service department.
Advertising Campaigns
All advertising campaigns are non-refundable, this includes but does not limit Laptop computers, shipping and handling, administrative processing, mailers, flyers, postcards, brochures, radio commercials, opt-in delivered email campaigns, targeted visitors, classified ads, etc. American Business Direct, LLC does not guarantee any results and/or commissions resulting from any advertising campaign(s). Understand that purchasing advertising is solely at the buyers’ risk and results will vary. You may also be contacted by a third party company offering products and services; again, understand that all purchases and/or participation with third party companies is solely at the buyers'/participants risk, is not required or endorsed by American Business Direct, LLC and American Business Direct, LLC is not responsible for any loss or damages that may occur as a result in dealing with any third party company. Use caution when choosing a company to do business with.
Description of Advertising Products:
Opt in Delivered Email Campaign
American Business Direct, LLC offers an Opt-In Delivered Email campaign that is fulfilled by an out-sourced affiliate. Our affiliate supplier broadcasts an email advertisement to opt-in email recipients who are actively seeking additional information and offers. 100% of the recipients in our affiliate’s databases are opt-in email addresses. This means that our affiliate’s email recipients have asked to be contacted by our affiliates with offers, products, and services. The client also understands that American Business Direct, LLC does not guarantee sales or signups and will not issue a refund if none are achieved. Opt-In Delivered Email campaigns are not guaranteed to generate any results and/or commissions. The purchasing client will not hold American Business Direct, LLC or its affiliates responsible or liable for any loss of investment. Results will vary.
Use caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate SPAM complaints against an American Business Direct lead development client, resulting in suspension or termination. Please bring to our attention any instance where you feel these policies have been violated. Any further questions, concerns or comments can be sent to us by mail via our website www.americanbusinessdirect.com.
Targeted Unique Website Visitors Campaign:
American Business Direct, LLC offers a Targeted Unique Website Visitors campaign that is fulfilled by an out-sourced affiliate. Client understands that HIT COUNTERS on your website DOES NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE. This is due to the large amounts of traffic sent to the site in a relatively short time frame. Client understands only our affiliate supplier statistics are official. Clients’ private statistics will not be taken into account for any circumstance whatsoever. Client also understands that American Business Direct, LLC does not guarantee sales or signups and will not issue a refund if none are achieved. None of the campaigns are guaranteed to generate any results and/or commissions. The purchasing client will not hold American Business Direct, LLC or its affiliates responsible or liable for any loss of investment. Results will vary.
Cancellation and Refund Policy
All non-advertising related purchases have a full 30-Day money back guarantee and if for any reason you are not completely satisfied, simply return the merchandise to: American Business Direct, LLC, C/O American Business Direct, 1900 W. Chandler Blvd. Suite 15-370, Chandler, AZ 85224 within 30 days from the original purchase date for a 100% Money Back Guarantee, less shipping and processing. All returns are subject to a 15% restocking fee. There are no refunds on non-returned merchandise. There are no refunds on advertising products and campaigns.
Earnings Disclaimer
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE ONE’S OWN CHECK, IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS TO BE A GET RICH QUICK SCHEME.<,/p>
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, ITS IDEAS AND TECHNIQUES, AS WELL AS YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS VARY ACCORDING TO EACH INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. MATERIALS IN OUR PRODUCT AND ON OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE ON OUR SITE OR ON ANY OF OUR SALES MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND THERE ARE NO GUARANTEES THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYONE ELSES, IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS OR THE TECHNIQUES DESCRIBED IN OUR MATERIALS.
American Business Direct, LLC is not offering any professional advice or endorsements with the information contained in the American Business Direct, LLC affiliate program. American Business Direct, LLC, its publisher, nor any of its employees or associates, assumes any responsibility or liability for any actions of any third party company or subject matter contained herein, nor can we guarantee or assume liability for the accuracy, completeness or usefulness of any information from this server or any links. In no event shall American Business Direct, LLC be liable for any indirect, special or consequential damages in connection with any business relationship you may have with any third party company.
For any investment opportunity, it is up to the prospective buyer and user to thoroughly investigate any listing or company, obtain the appropriate disclosure documents and seek expert consultation prior to making any investment decisions.
LEAD SALES:
BY USING THIS WEBSITE, PURCHASING LEADS FROM AMERICAN BUSINESS DIRECT AND ITS AFFILLIATES, AND ACCEPTING THE FULFILLMENT OF ANY PRODUCT/SERVICE ORDER, BUYER HEREBY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE FOREGOING CONTRACT CONTAINING DISCLAIMER AND AGREEMENT TO INDEMNIFY AND AGREES TO ALL TERMS AND CONDITIONS THEREOF
CONFIDENTIALITY NOTICE
The documents/leads accompanying all purchased orders contain information from American Business Direct, LLC. which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on the transmission/order sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distributing or the taking of any action in reliance upon the contents of this transmitted information is strictly prohibited, and that the documents/leads should be returned to American Business Direct, LLC. immediately. In this regard, if you have received leads in error, please notify us be telephone immediately so that we can arrange for the return of the original documents to us at no cost to you.
CONTRACT CONTAINING DISCLAIMER AND AGREEMENT TO INDEMNIFY (USE OR SALE)
American Business Direct, LLC. (hereinafter “Seller”) and the recipient of documents/leads (hereinafter “Buyer”) hereby enter into this Contact, as of the date of the receipt of purchase, and agree that the Seller shall sell to the Buyer from time-to-time certain information in the nature of sales leads (the “Data”) from the date of this Contract until such date as either Party hereto shall cease its participation herein, at such Party’s sole discretion, with or without cause, except that Buyer may not terminate this Contract without first paying to Seller all amounts due and owing on account of this Contract or any other agreement by and between the Parties hereto.
The Data provided to Buyer by Seller is intended to be used by Buyer for such purposes and in such manners as shall conform to all applicable local, state and federal laws, regulations, ordinances or similar enactments (hereinafter “Laws”) in force and effect at the time such data is used by the Buyer for any purpose. Such Laws include, but are not limited to, the Federal Trade Commission Act (15 U.S.C. §§ 41-77 ), the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Gramm-Leach Bliley Act (15 U.S.C. §§6801-6809), the Telemarketing Sales Rule (16 C.F.R. Part 310), and the laws of any and all states in which the Buyer does business during the term of this Contract.
It is agreed and understood that the Buyer may resell the Data to other parties who may use the Data for purposes unknown to the Seller. The Buyer shall not, however, resell the Data to any person or entity known by the Buyer to be in violation of the Laws, hereinabove described.
By opening the attached file, the Buyer acknowledges that his, her or its agreement to abide strictly with the Laws affecting the Buyer’s business activities related to Buyer’s use of the Data for any purpose is a condition of sale of the Data and that such condition shall remain in effect through the life of this Contract and beyond, until the Data is no longer of any value whatsoever. The Buyer also acknowledges that the restriction on the resale of the Data to those persons and other entities who conform to the Laws respecting their business activities is likewise a condition of this Contact and shall remain in effect for the period noted immediately above. The Buyer further acknowledges that, by opening the document/lead file, he, she or it shall forever hold Seller harmless from any and all legal proceedings of any nature that may be brought by any individual or other entity as a direct or indirect consequence of Buyer’s use or sale of the Data. Should seller be required to defend any action of any kind related directly to Buyer’s use or sale of the Data, Buyer shall indemnify Seller for all of its costs of such defense, including reasonable attorneys’ fees therefore.
THE SELLER HEREBY DISCLAIMS ANY LIABILITY FOR ANY ACTIONS THAT MAY ARISE AS A RESULT OF THE BUYER’S USE OR SALE OF THE DATA.
IMPORTANT NOTICE AND ACKNOWLEDGEMENT
THIS CONTRACT AFFECTS THE LEGAL RIGHTS OF THE PARTIES. THE BUYER SHOULD TAKE CARE TO READ THIS CONTRACT COMPLETELY AND CONSULT WITH LEGAL COUNSEL CONCERNING IT.
Request and Indemnity Agreement Regarding Do-Not-Contact Lists
The undersigned Buyer has requested to receive from Seller, certain data which may include the names and phone numbers of persons who may appear on one or more do-not-contact lists maintained by one or more States or other governmental entities. Seller has agreed to supply said data in exchange for the execution of this agreement and the related purchase order/invoice.
1. Buyer agrees and warrants that all data which Buyer receives from Seller, or any related subsidiary corporation, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone solicitation, and direct marketing. Buyer acknowledges that it is Buyer’s sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances and the identity of any registered or listed persons, Buyer further warrants that (1) it (or the end user it is representing as broker/agent) is a current subscriber to the National Do Not Call Registry and that its subscription includes coverage of the area codes/states that it is renting from ABD, and/or that (2) the entity Buyer represents (either directly or as broker/agent) is exempt from coverage by the requirements relating to the Do Not Call List. Buyer understands the requirement that Do Not Call Registrants be purged from its calling list in accord with the procedures outlined by the FCC, FTC, and the individual States Buyer does business in, in the instances where exemptions may not be applicable.
2. Buyer further agrees to indemnify and hold harmless Seller and all subsidiary and affiliated entities against any and all damages, fines, penalties and assessments finally awarded in any litigation, arbitration or administrative action, along with any settlement payments made in lieu thereof, including all related costs and attorney’s fees arising out of or otherwise related to the breach of this agreement, the Terms and Conditions, or any alleged violation of law, rule, regulation or ordinance based in whole or in part on Buyer’s use of the data received ABD or any related subsidiary corporation or affiliate.
3. This agreement shall be governed by and construed in accordance with the internal laws of the State of Arizona without regard to its conflict of law rules. Buyer agrees that any dispute under this agreement or the Terms and Conditions shall be exclusively heard in the state and federal courts located in or whose jurisdiction includes Maricopa County, Arizona, and further agrees that said courts are a convenient and appropriate forum.
Change Policy
Please note that we review and update our terms and conditions from time to time at our discretion. We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of our terms and conditions. All amended terms shall be automatically effective immediately after they are posted on the Site.