Read This Terms of Use Agreement Before Accessing the Bid4Calls.com Website or using the tools and services that Bid4Calls.com provides.
Effective Date: This Terms of Use Agreement was last updated on December 1, 2009
This Terms of Use Agreement sets forth the standards of use of the Bid4Calls.com web site, which is owned and operated by Teleroute, Inc, a duly incorporated California corporation. By using the www.Bid4Calls.com website you (the “Member”/”You”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.Bid4Calls.com website. Your continued use of the website service (“Service”) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Bid4Calls.com provides you with an advertising methodology that provides for Your acquisition of valuable telephone leads. We endeavor to provide legitimate leads, but are not responsible for the actual validity or effectiveness of any leads that we provide to you. There is no monthly minimum of leads that you must purchase and we ask that you pay for no upfront costs. You only pay for the leads you wish to purchase and our payment schedule, which is subject to change, is published on our website. You are required to bid for all leads and will pay a fee based on your successful bid.
Members may not act in any way that violates any such rules, guidelines, or policies as posted on our site, as may be revised from time to time, or any other agreement between the member and Bid4Calls.com, may not create a new account to use our services and tools after Bid4Calls.com has terminated this Agreement with the member, engage in any action or practice that reflects poorly on Bid4Calls.com or otherwise disparages or devalues Bid4Calls.com’s reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
The site and related tools and services are provided by Bid4Calls.com on an “as is” and on an “as available” basis. All leads are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Bid4Calls.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site, the leads you purchase, or any other product or service in terms of its correctness, accuracy, reliability, or otherwise. Bid4Calls.com shall have no liability for any interruptions in the use of this Website or any of our related tools or services. Bid4Calls.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Bid4Calls.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Bid4Calls.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Bid4Calls.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Bid4Calls.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Bid4Calls.com reserves the right to modify or discontinue the Service with or without notice to the Member. Bid4Calls.com shall not be liable to Member or any third party should Bid4Calls.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Bid4Calls.com does not guarantee continuous, uninterrupted or secure access to our website or our various tools and services and operation of our website and related tools and services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Bid4Calls.com makes no warranties or representations whatsoever with regard to any product provided or offered by Bid4Calls.com and makes not warranties or representations regarding any particular amount that members may earn via our services. We cannot promise that lead or set of leads that you purchase will earn you any particular amount of money. The amount of money will greatly depend upon Your own marketing, sales and professional skills.
This Agreement will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 www.Bid4Calls.com.com, with all rights reserved, or is the property of Bid4Calls.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Bid4Calls.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Bid4Calls.com.
Bid4Calls.com™ and Bid4Calls.com.com™ are proprietary marks of Bid4Calls.com. Bid4Calls.com’s trademarks may not be used in connection with any product or service that is not provided by Bid4Calls.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bid4Calls.com.
All other trademarks displayed on Bid4Calls.com’s website are the trademarks of their respective owners.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Bid4Calls.com.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. You may send your appropriately worded and documented DMCA notice to us at the addresses indicated below.
By physical mail:
Bid4Calls.com LLC
9454 Wilshire Blvd. Suite #525
Beverly Hills, CA 90212
By E-Mail:
support@bid4calls.com
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Bid4Calls.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
You represent and warrant that (a) all of the information provided by You to Bid4Calls.com as required to enroll as a member is correct and current; (b) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (c) You have complied and will continue to comply with all applicable laws, statutes, consumer fraud laws, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. You further represent and warrant that You will (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not distributing content that is pornographic, hate-related or otherwise violent in content.
You agree to indemnify, defend and hold Bid4Calls.com, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of our website, tools and services and Your breach of any term of this Agreement.
You acknowledge that Bid4Calls.com owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the all Bid4Calls.com content, inventions, tools and services, and that You will not acquire any right, title, or interest in or to such content, inventions, tools and services. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive any Bid4Calls.com source code, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to our properties, Intellectual Property Rights, or proprietary information related thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
We have published a Privacy Policy and require that you read it and agree to the terms and conditions of the Privacy Policy as a condition of your use of any tool and or service that we provide.