These Terms of Use govern your use of the Foneleads service and Web site. By using, visiting, or browsing the FoneLeads Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the FoneLeads service or Web site.
These Terms of Use are an ongoing contract between you and FoneLeads and apply to your use of the FoneLeads service and Web site. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use FoneLeads, Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the FoneLeads Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the FoneLeads Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy Any information submitted on the FoneLeads Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works Foneleads is an online subscription service providing its members with advanced lead generation technology. Upon subscribe to our service, members are given a unique toll-free number. With this toll-free number, they have immediate access to our two products, FoneCapture and FoneBlaster.
Below is a description concerning the operation of our service and we reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.
·FoneCapture
Using our easy-to-use system, you can record voice messages for your various marketing plans. Use your toll-free number on all of your marketing, and advertise that you provide free recorded information. When your potential clients call your toll-free number, they will hear your recorded messages. They will also have the option to leave you a message or connect to you directly. At the same time, their phone numbers are captured by the system, so you can call back and close the deal. All captured phone numbers are saved and accessed using our easy-to-use online system.
·FoneBlaster
Using our easy-to-use system, you can send recorded voice messages to thousands of phone numbers. Simply record your voice message or messages, upload the numbers and Foneleads will take do the rest. Please be sure to follow the rules laid out by the Federal Trade Commission (FTC) and the National Do Not Call Registry.
·Guarantee
If you’re not satisfied with the FoneLeads system for any reason within the first 30 days, we’ll refund your setup fee. You’ll pay only for minutes used. We have to do this because some individuals tried to take advantage of our guarantee and made thousands of calls using our system, then asked for a refund. Therefore, we can only refund the setup fee.
Billing
By using the FoneLeads service, you are expressly agreeing that we are permitted to bill you a monthly maintenance fee, air time charges, any applicable tax and any other charges you may incur in connection with your use of the FoneLeads service. Additional charges may include service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The setup fee will be billed at the beginning of your subscription. All other fees are billed at the beginning of eachmonth thereafter. We will automatically bill your Payment Method each month on the first of the month. Your first month will be prorated. All fees and charges are nonrefundable except for the guaranteed setup fee. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the FoneLeads Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method.
Automatic Renewals
Your FoneLeads subscription will be automatically renewed on a monthly basis. For your convenience, we will bill the set-up fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
Cancellation
You may cancel your subscription to FoneLeads at anytime, and cancellation will be effective immediately. To cancel, please call our toll free number. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Upon cancellation, your Payment Method will be billed immediately for unpaid air time and maintenance fee.
We reserve the right to terminate your account for any or no reason.
Account Access; Identity Protection In order to provide you with ease of access to your account, FoneLeads will place a cookie (a small text file) on any computer from which you access the FoneLeads Web site. When you revisit the FoneLeads web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit to the FoneLeads Web site.
If you find that you're a victim of identity theft and it involves a FoneLeads account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. FoneLeads reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. FoneLeads is not obligated to credit or discount a membership for holds placed on the account by either a representative of FoneLeads or by the automated processes of FoneLeads.
Disclaimers of Warranties and Limitations on Liability The FoneLeads service and Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the FoneLeads Web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the FoneLeads Web site, any failures, delays, or interruptions of any content contained on the FoneLeads Web site, any losses or damages arising from the use of the content provided on the FoneLeads Web site, or any conduct by users of the FoneLeads service or Web site.
In no event shall FoneLeads, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the FoneLeads Web site, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property
Copyright
All content included on the FoneLeads Web site is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FoneLeads, Inc., and protected by U.S. and international copyright laws. Content should not be reproduced or used without express written permission from FoneLeads, Inc., or its suppliers. FoneLeads reserves the right to terminate your membership hereunder if FoneLeads, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the FoneLeads Web site.
Use of Information Submitted FoneLeads, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to FoneLeads, including, without limitation, responses to questionnaires or through postings to the FoneLeads Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the FoneLeads Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Service Testing From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.
Electronic Communications By using the FoneLeads service, you consent to receiving electronic communications from FoneLeads. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with FoneLeads and you are entitled to receive them as part of the FoneLeads subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct on the FoneLeads Web Site By accessing the FoneLeads Web site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the FoneLeads Web site. You also agree not to interfere with the servers or networks connected to the FoneLeads Web site or to violate any of the procedures, policies or regulations of networks connected to the FoneLeads Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the FoneLeads Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the FoneLeads Web site for any unlawful purpose.
Limitations on Use You must be 18 years of age or older to subscribe to the FoneLeads service. Unless otherwise specified, we grant you a limited license to access the FoneLeads Web site for commercial and non-commercial purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the FoneLeads Web site without our express written consent. Any unauthorized use of the FoneLeads Web site or its contents will terminate the limited license granted by us.
Features
Right to Terminate We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links Some of the hyperlinks on the FoneLeads Web site may lead to other Web sites that are not controlled by, or affiliated with, FoneLeads, Inc. In addition, other Web sites may link to the FoneLeads Web site. FoneLeads has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
Claims of Copyright Infringement It is the policy of FoneLeads to respect the intellectual property rights of others. If you believe that content on the FoneLeads Web site constitutes a copyright infringement, please notify us of your concern by submitting a written notice to us at the following address:
FoneLeads, Inc. 39500 Stevenson Pl suite 210 Fremont Ca 94539
Your notice must be signed and contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material on the FoneLeads Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
The email address is
Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address.
Disputes You and FoneLeads agree that the United States District Court for the Northern District of California and/or the California Superior Court shall have exclusive jurisdiction over any dispute between you and FoneLeads relating in any way to the FoneLeads service or Web site or these Terms of Use. You and FoneLeads expressly and irrevocably consent to personal jurisdiction and venue in these courts.