BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE AND MUST LEAVE THE WEBSITE IMMEDIATELY.
1. IMPORTANT INFORMATION ABOUT THE WEBSITE
THE INFORMATION WE PROVIDE IN CONNECTION WITH AN OFFER, OR OTHERWISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, TAX, OR OTHER ADVICE. YOU SHOULD ALWAYS CONSULT PROFESSIONAL ADVISORS BEFORE MAKING DECISIONS RELATED TO YOUR RIGHTS.
For purposes of these Terms of Use (“TOU” or “Terms”), the terms “One Percent Leads,” “we” and “us” refer to Geniustream LLC d/b/a One Percent Leads , and “Website” refers to the website currently located at https://maxaccidentpayout.com/, and any and all other websites owned or operated by Geniustream LLC d/b/a One Percent Leads, including all features, functionality, tools and content of those websites.
2. ABOUT THE TERMS
2.1 Website Rules, Offer Terms and PSA
Your access to and use of the Website and conduct of any transaction(s) with One Percent Leads is governed by the terms and conditions of these TOU, our Privacy Policy, currently located at https://maxaccidentpayout.com/ (as described in more detail below), any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to users (the “Website Rules”). If you are accepting or agreeing to the Terms on behalf of another person or on behalf of any company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that person or entity to the Terms. By using the Website, you consent to transact and receive communications electronically. Electronic submissions constitute your agreement to be bound by such transactions.
2.2 Amendment of Terms
One Percent Leads reserves the right, in its sole discretion, to amend the TOU, Website Rules and Privacy Policy, at any time and without prior notice. When we amend the TOU or Privacy Policy, we will update the “Last Updated” date at the top of this page and post the updated version on this page. We may also, at our option, choose to notify you by e-mail or another means. If the modified terms are not acceptable to you, your only recourse is to stop using the Website and refrain from pursuing any further engagement with One Percent Leads. By continuing to use the Website after we have posted an updated version of the TOU or Privacy Policy or otherwise notified you of an update, you are affirming that you agree to be bound by the amended terms; provided that no such change shall alter or amend any pending PSA which has been agreed to and accepted in writing by both parties. This provision is subject to limitations in the “Dispute Resolution” section below.
No other modification, amendment, supplement of or to the Terms will be binding on One Percent Leads unless it is in writing and signed by an authorized representative of One Percent Leads.
2.3 International Users
The Website is operated within the United States and is not intended for use outside of the United States. If you access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
3. Consent to be Contacted; Notices; Text Messages
By submitting information on this Website, you expressly consent to receiving call, text, and e-mail marketing and informational communications from One Percent Leads and one or more of its third party contractors. Standard message and data rates apply. You may revoke consent and opt out of receiving calls or text messages at any time by e-mailing the following statement to [email protected]: “I revoke my consent to receive call, text, and e-mail messages from One Percent Leads.” You represent and warrant that you are the authorized subscriber for the telephone number(s) and e-mail(s) you have provided.
If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
3.1 Authority
By providing a mobile telephone number and requesting to receive communications via text message, you represent that you have the necessary authority to allow One Percent Leads to collect and use the number identified. You agree that you will be solely liable for any violation of the terms of this Section 3.1, will defend and hold harmless One Percent Leads in any legal action arising out of or related to a breach of these representations, and will indemnify One Percent Leads against any and all Losses (as defined in Section 7.6 below) resulting from such a breach. You acknowledge that One Percent Leads retains the right, but not the obligation, to confirm the consent of the owner of the telephone number at any time. In the event that One Percent Leads is unable to confirm such consent, we may refuse to send text messages to the requested telephone number.
3.2 Third-Party Costs
You acknowledge that data and messaging plans are required in order to receive One Percent Leads text alerts, and that standard data, messaging and other charges, fees, and taxes from your carrier may apply. You agree that you are solely responsible for such charges, fees and taxes that may result from your receipt of such text alerts, and that One Percent Leads has no liability for any of these costs.
3.3 Compliance Acknowledgment and Authorization to Share Information
By accessing or using the Website, you acknowledge and agree that One Percent Leads’ operations are conducted in full compliance with all applicable federal, state, and local laws and regulations, including, without limitation, the Telephone Consumer Protection Act (“TCPA”) and any implementing rules or regulations. You further acknowledge and agree that you are providing your express, informed consent for One Percent Leads to disclose, transfer, license, or sell any information you submit through the Website—including, without limitation, your name, contact information, and any related data—to lawful third parties for marketing, business, or other lawful purposes, subject to our Privacy Policy. Such disclosures may include the sale of your information to entities that may contact you by telephone, text message, email, postal mail, or other means permitted by law. You understand that your consent to such disclosure is a material condition of your use of the Website and that you may revoke this consent only as expressly permitted under these Terms and the Privacy Policy.
4. USER CONDUCT GUIDELINES
4.1 Users may not:
access, copy, store or use any aspect of the Website for any purpose other than your own personal use;
access, search, collect information from, or otherwise interact with the Website or whether by manual methods or by use of any software, device, script or robot, or by any other means (automated or otherwise), including by “scraping,” “crawling” or “spidering” the Website, to systematically retrieve information in order to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like (except that crawling is permissible without further authorization if done in accordance with the provisions of the robots .txt file only);
access the Website other than through the currently available, published interfaces that are provided by One Percent Leads, unless you have been specifically authorized to do so in a separate agreement with One Percent Leads;
mirror or frame the Website any page, feature, functionality, tool or content of the Website, copy any aspect of the Website, or use or display One Percent Leads’ name or any of One Percent Leads’ other trademarks, logos or proprietary materials, without One Percent Leads’ express written consent;
interfere with, disrupt, damage or compromise the Website or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website;
access, tamper with or use non-public areas of the Website, One Percent Leads’ computer systems, or the technical delivery systems of One Percent Leads’ providers;
probe, scan, or test the vulnerability of any system or network of One Percent Leads or its providers, or breach or circumvent any security or authentication measures of such system or network;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by One Percent Leads or any of One Percent Leads’ providers or any other third party to protect the Website;
forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the code, software or algorithms used to provide the Website;
export or re-export the Website, except in compliance with the export control laws and regulations of any relevant jurisdictions;
otherwise abuse the Website or breach the Terms; or
attempt to do any of the foregoing, or advocate, encourage, assist or permit any third party to do any of the foregoing.
4.2 Investigations
One Percent Leads reserves the right to monitor access and use of the Website, and investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law or the Terms to the fullest extent of the law.
5. INTELLECTUAL PROPERTY RIGHTS & LICENSES
5.1 The Website
The Website, including any and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website, and all intellectual property rights therein are the exclusive property of One Percent Leads . You agree not to remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website.
Subject to your compliance with the Terms, One Percent Leads grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of One Percent Leads.
This foregoing license is subject to modification or revocation at any time with reasonable notice at One Percent Leads’ sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by One Percent Leads or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
5.2 Your Information
By uploading information, including photographs (your “Photos”), you hereby grant One Percent Leads a non-exclusive, transferable, sublicensable, royalty-free right and license to make your Photos available to other companies, organizations and individuals who have a business relationship with One Percent Leads (“partner”) for matter placement services. Such additional uses by One Percent Leads, and by the companies, organizations and individuals who partner with us, will not require the payment of any money or other compensation to you.
You acknowledge and agree that we may reformat, modify or adapt your Photos in order to transmit, display or distribute it and/or as are necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media. You further grant us the right to distribute your city, state and other relevant information about you in connection with your Photos.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to your Photos, and that neither your Photos, nor our use of your Photos (or any portion thereof) on or through the Website or in connection with the rights granted will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.
You acknowledge and agree that you are solely responsible for your Photos and information about your lead, and for any consequences of the use of your Photos by our third-party partners. You understand that our Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit your Photos for such use, it may subject you to liability. One Percent Leads will not be responsible or liable for any use of your Photos by One Percent Leads or any third party in accordance with the Terms.
5.3 Feedback
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback by e-mailing us, at [email protected]. You acknowledge and agree that any and all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of One Percent Leads . Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by One Percent Leads or its affiliates for any purpose whatsoever, including developing, improving and/or marketing products. You hereby irrevocably transfer and assign to One Percent Leads all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect One Percent Leads’s rights in such improvements, enhancements and modifications.
6. NO ENDORSEMENTS
The Website may provide links to third-party websites, resources or services. You acknowledge and agree that One Percent Leads is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by One Percent Leads of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge that you have sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
7. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
7.1 Warranties by Users
You represent and warrant to One Percent Leads that:
you have the power and authority to accept and agree to the Terms,
you have the right to provide the information that you provide to One Percent Leads and to grant the rights and licenses granted,
the exercise by One Percent Leads of the rights granted by you will not cause One Percent Leads to violate any applicable laws, rules or regulations, to infringe the rights of any third party, and
all information provided by you will be complete, accurate and up-to-date when provided, and updated by you as necessary to ensure that it remains complete, accurate and up-to-date.
7.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, ONE PERCENT LEADS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
7.3 Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE DOES NOT CONSTITUTE LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE, NOR IS IT INTENDED TO REPLACE THE NECESSITY OF CONSULTATION WITH YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.
THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE AND ANY TRANSACTION CONDUCTED BETWEEN YOU AND ONE PERCENT LEADS IS AND REMAINS WITH YOU.
YOU HEREBY RELEASE ONE PERCENT LEADS FROM AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
IN NO EVENT WILL ONE PERCENT LEADS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONE PERCENT LEADS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, UNLESS SUCH DAMAGE IS CAUSED BY ONE PERCENT LEADS’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN THE CASE OF THE UNITED STATES, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION 7, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, ONE PERCENT LEADS’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE FOREGOING, SHALL BE LIMITED TO ONE THOUSAND U.S. DOLLARS (US$1000).
7.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONE PERCENT LEADS AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
7.5 Exclusions
NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION 7 THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW.
7.6 Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold One Percent Leads, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs (“Losses”) arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your negligence, gross negligence or willful misconduct.
7.7 Obligation to Defend
You agree that, at One Percent Leads’ option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) One Percent Leads may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of One Percent Leads (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
7.8 No Implied Indemnity
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
8. GOVERNING LAW & DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ONE PERCENT LEADS HAVE AGAINST EACH OTHER ARE RESOLVED.
8.1 Governing Law
The Terms shall be governed by and interpreted in accordance with the laws of the State of Arizona without regard to conflict of law principles. One Percent Leads is organized under, exists under, and operates under the laws of Arizona. You agree the State of Arizona has sufficient contacts with One Percent Leads, the Website, and these TOU to justify the application of Arizona law.
8.2 Arbitration and Class Action Waiver
All disputes, claims, controversies and matters arising out of or relating to or in connection with these TOU or the breach, termination, enforcement, interpretation or validity hereof, or to the use of the Website, including any Website (collectively, “Disputes”) shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Phoenix, AZ, USA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. You acknowledge that by agreeing to arbitration as the exclusive forum for the resolution of all Disputes, you are waiving the right to a trial by jury.
All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
Any claim arising from or related to these TOU must be filed within one (1) year after the cause of action accrues or be permanently barred.
8.3 Jurisdiction and Venue
In the event a court of competent jurisdiction determines that arbitration is not available, you and One Percent Leads agree that any and all Disputes will be brought in the federal or state courts located in Phoenix, Arizona, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Further, either party may also seek injunctive or other equitable relief for breach of the Terms in any court of competent jurisdiction wherever located. Each party consents to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum. You agree that a breach of these TOU may cause irreparable harm. We may seek immediate injunctive relief, including temporary restraining orders and permanent injunctions, in addition to any other remedies available.
8.4 Fees and Costs
The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
8.5 Future Amendments to this Section
In the event that we amend this “Governing Law & Dispute Resolution” section (other than an amendment to any notice address or site link provided herein) in the future, the amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and One Percent Leads. We will notify you of amendments to this section by posting the amended Terms on https://maxaccidentpayout.com/. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and One Percent Leads in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
9. MISCELLANEOUS
9.1 Privacy
Our collection and use of information about users is governed by our Privacy Policy. By accessing and using the Website, you consent to the collection and use of this information, including the transfer of this information outside of the United States, including to and/or from the European Union and/or other countries, for storage, processing and use by One Percent Leads. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website which you may not be able to opt-out from receiving. However, you will have the option to opt-out from receiving any non-essential communications, such as promotional emails or texts messages. Consent to receiving promotional messages is not required for receiving goods or services from One Percent Leads. Your subscriber information and opt-in data for calls or texts will not be shared.
9.2 Entire Agreement
The Terms, including these TOU, our Privacy Policy, the Offer Terms, PSA (as amended by any Supplemental Terms) and Website Rules, constitute the entire and exclusive understanding and agreement between you and One Percent Leads regarding your access to and use of the Website, and supersede and replace any and all prior or contemporaneous oral or written representations, understandings or agreements between you and One Percent Leads and regarding the subject matter hereof. You acknowledge and agree that you have not relied on any representations or warranties whatsoever, express, implied, at common law, statutory or otherwise, except for the representations or warranties expressly set forth in the Terms.
9.3 Assignment
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. One Percent Leads may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction, and without notice.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
9.4 No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU.
9.5 Survival of Terms
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of this Agreement shall survive such expiration or termination.
9.6 Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by One Percent Leads (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
9.7 Waiver
Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of One Percent Leads. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
9.8 Remedies
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
9.9 Severability
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
9.10 Headings
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
9.11 Third Party Beneficiaries
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
9.12 Construction
In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii) “or” connotes any combination of all or any of the items listed, and (iii) “including” (and any of its derivative forms) means “including but not limited to.”
9.13 Contact Us
If you have any questions or concerns, please contact us at [email protected].
9.14 California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send an email to: [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information. Please be sure to identify the specific website, software, or service about which you have a question or complaint and how we can contact you.
10. Moderation
We reserve the right, but have no obligation, to monitor, review, and regulate any content—including but not limited to postings, text, code, images, video, files, advertisements, accounts, account information, flags, emails, messages, and other communications—posted to, stored on, or transmitted through the Website and services by any user or third party. We may also regulate user conduct, whether authorized or unauthorized, and enforce these TOU in any manner we deem necessary or appropriate, including through automated or manual screening, blocking, filtering, removal from search results or indexes, requiring use of specific interfaces or APIs, verification procedures, and the deletion, suspension, or termination of content, accounts, or access. We may start, stop, or modify these measures at any time without notice, and our decision to act—or not act—in any instance does not waive our right to take action in the future.
You understand and agree that any action or inaction by us or our officers, directors, shareholders, employees, contractors, agents, or other representatives to monitor, restrict, or address content or conduct is undertaken voluntarily and in good faith, and creates no liability to you or others. No representative of ours has authority to make binding promises or commitments that we will address or prevent any particular issue, and any statements suggesting otherwise are nonbinding and unenforceable.
We also reserve the right, in our sole discretion, to limit, modify, suspend, or discontinue all or any part of our sites or services at any time without notice, and we will not be liable for any losses, damages, or claims resulting from such actions.
11. AI Disclaimer
Content on the Website may have been created or enhanced using generative artificial intelligence tools in accordance with our policies.
12. Copyright
We comply with the Digital Millennium Copyright Act. If you believe your copyright has been infringed, please notify [email protected] with the required information.
13. Subpoena Compliance
We may disclose information about you to comply with legal obligations, enforce these TOU, protect rights or safety, or respond to lawful requests from authorities. Civil requests for user information must comply with our Subpoena Policy.