By purchasing leads from DriveTrain4U.com (DTU Leads)., you agree to the terms and conditions as follows: This Agreement is entered into as of the date of the lead purchase and until the subscription is canceled. This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in DriveTrain4U.com Lead Generation Program (As used in this Agreement, “we” DriveTrain4U.com and “you” means the applicant.
Enrollment in the Program: To begin the enrollment process, you will submit a complete application thru our site sign up page. We will evaluate your application and will notify you of your acceptance in a timely manner. You agree to pay for Leads services we provide to you. Our marketing services include, but are not limited to, providing used DTU Leads through our marketing efforts such as banner advertising, search engine optimizing, maintenance of web sites, etc. We will be responsible for sorting out and delivering to you leads, submitted via our web site, in accordance with your leads requirements and this Agreement. Leads sent to the e-mail address to which we give, until we have received notice of a any different e-mail address, be deemed to have been delivered to you whether actually receive any leads or not. If you are not receiving leads, it is your responsibility to inform DriveTrain4U.com. DriveTrain4U.com will remedy the situation within 1-business day. You agree to reply to the leads in a timely manner.
Definition of a Lead: A lead is an email sent to you that has the potential customer contact information and type of auto parts they are looking to purchase.
Term of the Agreement: Your participation in the Lead Program will begin upon our acceptance of your Program application and will end when terminated by DriveTrain4U.com or when you cancel the service. A 5-day notice is required. Provider DriveTrain4U.com is a lead generating company that gathers information via the Internet and other means for marketing purposes. We match consumers with vendors in various states. Using our best efforts, leads shall be delivered once the Bi-weekly payment is received from you the individual or the entity named in application. We offer a 3 -day grace period.
Leads as used in the Agreement: The term “lead” means a “part request” submitted by potential buyers via our network or on our web sites and delivered to participants via e-mail. Each exclusive phone lead is sent by us to only one (1) participant if that program is agreed upon and executed fully. You understand that the leads are inquires only and is a request for information only. DTU cannot guarantee the accuracy of the information it gathers due to factors beyond our control. All information is provided as it is entered by our customer, with all faults and errors. The leads delivered to you under this Program are only for your use. You agree that you shall not resell, exchange, transfer or distribute our leads to any other person or entity. All offenders will be immediately terminated, and payment forfeited. If you are operating your business in an unethical manner you will be banned from the all the services by DTU.
Pricing: Pricing is not posted on our website and is subject to change. This includes any services DriveTrain4U.com may or will provide.
IF YOU ARE FOUND TO BE RESELLING OR SHARING LEADS WITH A DIFFERENT COMPANY OR OPERATING UNDER MORE THAN 1 COMPANY NAME YOU WILL BE REMOVED FROM THE SERVICE. In addition, we specifically disclaim any warranty that the operation of our web sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Limitation of Liability: We shall not be liable for any indirect, special, incidental or consequential damages arising in connection with this Agreement or the Program, including without limitation, any loss of profits or business interruption, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with the Program will not exceed the total lead generation fees paid or payable to us for a 1-month period from you the individual or the entity approved on our application.
Indemnification: You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, asserted against us, that may arise or result from any action taken, or any service performed or agreed to be performed by you, your agents or employees to any person in response to or in connection with any lead delivered to you through the Program. In addition, we specifically disclaim any warranty that the operation of our web sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties: You hereby represent and warrant to us as follows: This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
The execution, delivery, and performance by you of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which you are subject.
Independent Investigation: You acknowledge that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Customer (Lead Buyer): Customer is purchasing marketing services from provider. Customer warrants that they comply with all applicable federal and state laws and regulations in its business practice. Customer warrants they are not currently in violation of any federal, state, or other law or regulation applicable to them in their professional business. Customer will not seek to hold Provider liable in any action prosecuted against Customer by a prospect, government agency, or other party which alleges non-compliance with the laws applicable to local, state or federal law including Deceptive Trade Practices.
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. The execution, delivery, and performance by you of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which you are subject. Arbitration: We agree that any claim, dispute or controversy between us or claim by either of us against the other or the employee, agents or assigns of the other and any claim arising from or relating to this agreement or the relationship which results from this agreement, no matter against whom made, including the applicability of this arbitration clause and the validity of the entire agreement, shall be resolved neutral binding arbitration by the National Arbitration Forum, under the Code of Procedure in effect at the time the claim is filed. Any arbitration hearing will take place at a location agreed upon by DriveTrain 4 U.com. Rules and forms of the American Arbitration Association may be obtained, and all claims shall be filed at any American Arbitration Association office. You may visit their web site at http://www.adr.org/aaa/faces/home or write to them at 6795 N. Palm Avenue, Floor 2 Fresno, CA 93704 Entire Agreement: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any verbal conversations, other communications, and previous agreements, if any.
Modifications: You agree that we may modify our Program or change the terms of this Agreement, in whole or in part, at any time in our sole discretion. This includes the price increases for any of our services. You will be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our sending of a change notice will constitute binding acceptance of the change.
Assignment: You may not transfer your account or assign this Agreement, by operation of law or otherwise, to any other person or entity, without our prior written consent. Any such attempted assignment or transfer shall be void and without effect. Governing Law: This Agreement will be governed by the laws of the State of Texas, without reference to rules governing choice of laws.
Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. DriveTrain 4 U.com is not responsible for duplicate leads, lead out of geographic area, lead criteria on the lead delivered does not meet filter requirements, if phone numbers are invalid, fictitious information, consumer is a minor, wrong lead product. All leads are sold on an “As Is” basis and there are no returns, no replacement, no refund, no warranty.
Live Phone Leads:
If you dispute 1 or more calls, upon receipt, our Quality Control Department will review the call, and the reason given, and either approve or decline the request. If your request is approved, a credit on the following billing cycle will be applied. Cancellation Policy: The client may cancel the contract if with a 30 day written notice. No prorated refunds will be issued. This applies to any service offered by DriveTrain4U.com.
Refunds: DriveTrain4U.com does not refund money or cash. DriveTrain4U.com shall be the final judge of the validity of any Refund Claims. If a dispute is determined to be without merit your account will not be credited for the lead cost AND an additional charge of $15 per invalid dispute will be charged to your account. These policies are subject to change without notice. DriveTrain 4 U.com and its successors reserve the right to refuse service to anyone or any entity. Your submission of an application confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you understand the terms of this Agreement.
Should you have any questions concerning this Agreement please do not hesitate to Reach Us:sales@drivetrain4u.com(516) 701-0868.