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IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of or other sites to which these Terms are linked (each, a “Website”), owned and maintained by True Lead Creation, LLC (“TrueLeadCreation,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub-users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND TrueLeadCreation. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY TrueLeadCreation, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
You can use the links below to navigate to areas of these Terms that apply specifically to you, or which may otherwise be of interest:
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, meta tags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. True Lead Creation, LLC trademark and logo are proprietary marks of True Lead Creation, LLC , and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by True Lead Creation, LLC.
Subject to your continued strict compliance with these Terms, True Lead Creation, LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to True Lead Creation, LLC software over the Website, TrueLeadCreation provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by True Lead Creation, LLC; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of True Lead Creation, LLC; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. If you choose to purchase the use of an image from Shutterstock through the True Lead Creation, LLC platform, you will be given a limited, non-exclusive, non-sublicensable, non-transferable license by Shutterstock to use those image(s) such that you can re-use said image(s) solely on the associated True Lead Creation, LLC account related to said purchase, and only as long as you do not breach these Terms or that of Shutterstock. Images cannot be used in a shared funnel, downloaded outside of the TrueLeadCreation platform or used within any other True Lead Creation, LLC account. To the extent you breach any of the terms referenced herein, your rights will be immediately terminated without notice.
You agree not to use or attempt to use the Website or any software provided by True Lead Creation, LLC, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to True Lead Creation, LLC. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to True Lead Creation, LLC ’ reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of True Lead Creation, LLC or any third party.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to TrueLeadCreation’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to True Lead Creation, LLC, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without limitation multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, True Lead Creation, LLC requires you to follow these best practices when sending electronic communications:
Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications.
Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.
Include in each electronic communication your valid physical mailing address or a link to that information.
Do not send electronic communications to addresses obtained from purchased or rented lists.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses (e.g., [email protected] or [email protected]).
Do not engage in spamming.
Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), direct to consumer pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of TrueLeadCreation or otherwise.
MARKETING.AI Content.
Marketing.ai is an incorporated beta-stage tool that You can use to create various marketing content. You may provide input to Marketing.Ai (the “System”) and receive output generated and returned by the System based on the original input. The input and output to the System are collectively “AI Content.” As between the parties and to the extent permitted by applicable law, you own all input to the System. Subject to your compliance with these terms, We hereby assign you all right, title, and interest in and to the output provided by the System (only such output responding to Your individual input). This means you can use the AI Content for any purpose, including commercial purposes, so long as you comply with these terms and all applicable laws. You are solely responsible for AI Content, including ensuring that it does not violate any applicable law or these terms.
Due to the nature of machine learning, the output may not be unique across all users and the System may generate the same or similar output for multiple users. Responses that are requested by and generated for other users are not considered Your AI Content.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve the System to make it more accurate, reliable, safe, and beneficial as a whole. Given the inherent imperfections of machine learning, the System may not provide correct or legal outputs based on the input provided by You. You should evaluate and confirm the legality and accuracy of any output from the System for Your use.
MARKETING.AI Restrictions.
You may not (i) use the System, or its output, in a way that infringes, misappropriates, or violates any person or entity’s rights, (ii) reverse engineer, compile, decompile, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the System, (iii) use output from the System to develop models or other systems to compete with the System, (iv) represent that the output from the System was human-generated when it is not or otherwise violate any terms or policies of True Lead Creation, LLC, (v) buy, sell, or transfer API keys without Our prior consent, (vi) if you are using an API connection with a website or application directed at children, send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. If Your jurisdiction does not support the System, then you may not use the System in violation of applicable law.
Insurance.
You will, at Your own expense, maintain and carry in full force and effect, all types and amounts of insurance required by Law, including general liability insurance, with financially sound and reputable insurers. For the avoidance of doubt, You acknowledge and agree that We do not and will not provide any insurance to You.
Audits.
We or Our nominee (including Our IT specialists, accountants and auditors) may, in Our sole discretion, inspect and audit Your use of the Services under this Agreement at any time. All audits will be conducted during regular business hours. You will make available all such books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by Us or on Our behalf with respect to such audit. If the audit determines that Your use of the Services exceeded the usage permitted by this Agreement, You will pay Us, within three days of written request, (a) all amounts due for such excess use of the Services, plus interest on such amounts, as calculated pursuant to Section 3(c) of this Agreement; and (b) all costs incurred by Us in conducting the audit.
Restrictive Covenants.
From the Effective Date until the date that is 12 months after the termination or expiration of the Term, You will not, without Our prior written consent, on Your own behalf or on behalf of any other person or entity, directly or indirectly, (a) solicit or divert, or attempt to solicit, or divert the business of any then-existing True Lead Creation, LLC client, customer, supplier, vendor, contractor, employee, or lead generator with whom You had contact with, or about whom You learned (i) the identity of or (ii) confidential information about in any way that would adversely affect Our business; or (b) create, market, sell or distribute the Services or any services that are substantially similar to the Services.
Transmissions, Submissions and Postings to Our Services.
You are solely responsible for all Your transmissions, submissions or postings (for example, Your own User Generated Content) and the consequences of transmitting, submitting or posting them. We assume no liability for any action or inaction regarding transmissions, submissions or postings by You or any other user or third party.
Although We do not regularly review your transmissions, submissions or postings, We may, at Our sole discretion and at any time, edit, refuse to post or remove Your transmissions, submissions or postings. We may review transmissions, submissions or postings made by You to determine, in Our sole discretion, Your compliance with this Agreement.
Without limiting the foregoing, We have the right to:
Take any action with respect to any User Generated Content that We deem necessary or appropriate, in Our sole discretion, including removal of any User Generated Content if We believe, in Our sole opinion, that such User Generated Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Our Services or the public or could create liability for Us;
Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of Our Services; or
Terminate or suspend Your access to all or part of Our Services for any or no reason, including any violation of this Agreement.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through Our Services. YOU WAIVE AND HOLD US (AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Additional Usage Restrictions.
You will not (i) make any Services or True Lead Creation, LLC Materials available to anyone other than You and the Authorized Users for the sole purpose of the Permitted Use; (ii) sell, resell, license, sublicense, distribute, rent or lease any Services or True Lead Creation, LLC Materials; (iii) use Services or True Lead Creation, LLC Materials to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (iv) use Services or True Lead Creation, LLC Materials to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses (“Malicious Code”); (v) interfere with or disrupt the integrity or performance of any Services or True Lead Creation, LLC Materials; (vi) attempt to gain unauthorized access to any Services or True Lead Creation, LLC Materials or their related systems or networks; (vii) permit direct or indirect access to or use of any Services or True Lead Creation, LLC Materials in a way that circumvents a contractual usage limit; (viii) copy the Services or True Lead Creation, LLC Materials or any part, feature, function or user interface thereof; (ix) frame or mirror any part of any Services or True Lead Creation, LLC Materials; (x) access any Services or True Lead Creation, LLC Materials in order to build a competitive product or service; (xi) reverse engineer any Services or True Lead Creation, LLC Materials; (xii) circumvent any data limits described in the Sales Confirmation or otherwise described in the Services; (xiii) use Services or True Lead Creation, LLC Materials in any way that violates this Agreement or any Laws; or (xiv) assert, nor will You authorize, assist or encourage any third party to assert, against Us or any of Our affiliates, customers, vendors, business partners or licensors, any patent infringement or other intellectual property infringement claim regarding any Services.
Customer Data.
You will (i) be solely and completely responsible for the accuracy, quality and legality of any and all Customer Data and the means by which You acquired Customer Data, and the use of the same by You and any Authorized User; and (ii) not upload, store or otherwise make available on the Services software any Customer Data that contains Malicious Code or that violates any Laws, including any third-party intellectual property rights. Without limiting the generality of the foregoing, if Customer Data includes any personal information of individuals, You will ensure that Your and each Authorized Users’ collection and submission into the Services of the same, and Your, each Authorized Users’ and Our use and storage of the same as contemplated by this Agreement complies with all Laws, including any Laws relating to the consent of or disclosure to consumers with respect to the collection, use or disclosure of such information as contemplated by this Agreement. If We receive information indicating or otherwise reasonably believe that Customer Data may violate Laws or any third-party rights, We may notify You and, in such event, You will promptly remove such Customer Data from the Services or modify such Customer Data in order to resolve the potential violation. If You do not promptly take required action in accordance with the preceding sentence, We may unilaterally disable and delete the applicable Customer Data. In addition, upon closure of the user's account, and all customer data stored within the account will be inaccessible after 90 days from the closure date. Users will have a 90-day window from the account closure date to reactivate their account and retrieve or download their data. However, after this period, all customer data will be permanently deleted from our servers. Users are responsible for ensuring they retrieve any necessary data before cancelling their account or before the expiration of this 90-day period.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union, United Kingdom, Brazil, or California (USA), our Data Processing Addendum (“DPA”) as well. Our Privacy Statement may be viewed at https://signup.TrueLeadCreation.com/privacy-policy and our DPA may be viewed at https://www.TrueLeadCreation.com/dpa. TrueLeadCreation reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement and DPA are incorporated into this Agreement by reference.
As a True Lead Creation, LLC user, you will be required to create an account with True Lead Creation, LLC. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your True Lead Creation, LLC user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a TrueLeadCreation user, such as technical information, our pricing, our business strategy, and data about other past or current True Lead Creation, LLC users or their customers.
So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in True Lead Creation, LLC’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your True Lead Creation, LLC user account or enhanced pricing for your True Lead Creation, LLC user account, at TrueLeadCreation’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, True Lead Creation, LLC under your user account. You agree to immediately notify True Lead Creation, LLC of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that True Lead Creation, LLC is not liable, and you will hold True Lead Creation, LLC harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
Refunds for Hard Goods.
If you have purchased a “hard good” (for example, a book or other tangible product) from TrueLeadCreation or any related brands, you may receive a limited refund if you comply with the following conditions (unless otherwise specified):
You must request a refund in writing by contacting ;
Your request for a refund must be made within thirty (30) days of your purchase;
You must return the hard goods to TrueLeadCreation immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The hard goods must be returned to TrueLeadCreation in like-new, or re-sellable condition, as determined in TrueLeadCreation’ sole, reasonable discretion.
Refund or Payment upon Termination.
If the Term is terminated by You, You will not receive any prepaid Fees covering the remainder of the Term after the effective date of termination. If the Term is terminated by Us in accordance with of this Agreement, You will pay any unpaid fees covering the remainder of the Term after the effective date of termination. For the avoidance of doubt, in no event will termination relieve You of Your obligation to pay any Fees payable to Us for the period prior to the effective date of termination. Further, notwithstanding anything to the contrary in this Agreement, You may not sign up to use or access the Services with the intent to cancel such Services within the trial period. If We determine, in Our sole, reasonable discretion, that You signed up for the Services with the intent to cancel within the trial period, then You will pay to Us the greater of (i) Our reasonable estimate of damages to Us; or (ii) the applicable monthly fee for such Services.
Where we offer you a free trial of True Lead Creation, LLC, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions are only available to new subscribers of True Lead Creation, LLC and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a free trial subscription to True Lead Creation, LLC do not qualify for a further free trial period.
True Lead Creation, LLC will email a reminder that your trial is ending at least 7 days prior to you being charged. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address , or by canceling your free trial through your Account Dashboard, as detailed here. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full TrueLeadCreation monthly membership subscription rate provided at the time of enrollment each month until you cancel. True Lead Creation, LLC can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
If you wish to cancel your True Lead Creation, LLC subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address or through your Account Dashboard, as detailed here. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to True Lead Creation, LLC. For annual subscriptions, we also require at least ten (10) days’ notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund but we will provide you with a credit towards other True Lead Creation, LLC’ subscription services. True Lead Creation, LLC in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
A True Lead Creation, LLC user is responsible for paying all sums due to True Lead Creation, LLC in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged up to the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the True Lead Creation, LLC user to use any of the services available through the service provided by True Lead Creation, LLC does not relieve the True Lead Creation, LLC user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount). If for whatever reason, we are unable to process your monthly subscription payment, we may in our sole discretion, charge you a lesser amount to “pause” your account and retain your information as we attempt to contact you for updated payment information.
IF YOU ARE ATrue Lead Creation, LLC USER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. AS NOTED ABOVE, IF WE DO NOT RECEIVE SUFFICIENT FUNDS, WE MAY CHARGE YOU A LESSER AMOUNT TO PAUSE YOUR ACCOUNT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO TrueLeadCreation, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY EMAILING AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
True Lead Creation, LLC reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event TrueLeadCreation starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, TrueLeadCreation may also charge applicable value added or other tax.
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.
Products, services, and prices are generally posted at the following URL, but are subject to change: https://trueleadcreation.com/. At times, True Lead Creation, LLC may also offer services, such as its Deal Boss Kings program, which will be described when offered but nonetheless governed by this Agreement. True Lead Creation, LLC may also offer additional products and services through other sites to which it owns or controls; such sites are also governed by the terms herein. TrueLeadCreation reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
You acknowledge and agree that if you join the Deal Boss Kings, Deal Boss Kings services do not include travel or lodging, such travel or lodging expenses incurred by you shall be your responsibility and shall be in addition to any costs or fees associated with the program. You also acknowledge that the content of the Deal Boss Kings services, including without limitation the materials and information provided to you as education, is confidential and proprietary to TrueLeadCreation; accordingly, you agree that you shall not communicate the teachings, materials, or other information acquired or learned from the Deal Boss Kings services to any other person.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize True Lead Creation, LLC to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of True Lead Creation, LLC, and unless you terminate your subscription as provided herein, you agree that TrueLeadCreation may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after email notice has been provided to you.
True Lead Creation, LLC takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that True Lead Creation, LLC does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. TrueLeadCreation’ descriptions of, or references to, products or services not owned by True Lead Creation, LLC are not intended to imply endorsement of that product or service, or constitute a warranty by TrueLeadCreation.
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
True Lead Creation, LLC does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that True Lead Creation, LLC will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use True Lead Creation, LLC's products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify True Lead Creation, LLC if any investigation or lawsuit is threatened or filed against you, whereupon True Lead Creation, LLC shall have the right to terminate this Agreement without liability. True Lead Creation, LLC shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). True Lead Creation, LLC shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify True Lead Creation, LLC as set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against True Lead Creation, LLC as a result.
True Lead Creation, LLC, in its sole and exclusive discretion, may provide an opportunity for you and customers of your online business to voluntarily “round up” purchases at checkout by various dollar amounts, such as one, three, five, or ten dollars, to be donated to Village Impact and/or Operation Underground Railroad, charitable organizations under Canadian and United States law, respectively, that are tax-exempt under Section 149 of the Canadian Income Tax Act and Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (each, individually, “Charity”). You agree that such “round up” donation amounts shall not be charged as a separate charge to your customer, but shall be included in a single charge for the total purchase price charged to your customer. TrueLeadCreation agrees to keep any “round up” donations in a separate, non-interest bearing account pending contribution of such amounts to the Charity. Any amounts constituting “round up” donations shall be irreversibly transferred to True Lead Creation, LLC, as agent and nominee for the Charity. You understand and agree that neither you nor your customers shall be entitled to any refund of any “round up” donations, regardless of whether a customer returns any or all items purchased from your online business. You understand and agree that such donations may be subject to sales tax, and that it is your sole and exclusive responsibility to collect and report such tax for sales to your customers. You further understand and agree that “round up” donations may not be tax deductible by you or your customers. You understand and agree that True Lead Creation, LLC is acting as nominee and agent of the Charity with regards to any “round up” donations and, pursuant thereto, True Lead Creation, LLC shall transfer such amounts to the Charity as soon as practicable, but in no event later than sixty (60) days after receipt of each donation.
True Lead Creation, LLC may offer you an opportunity to become an independent True Lead Creation, LLC affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for True Lead Creation, LLC accounts that you sell to other users subject to your acceptance of the terms of the True Lead Creation, LLC Affiliate agreement (the “Affiliate Agreement”). True Lead Creation, LLC reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Affiliate Agreement. For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of True Lead Creation, LLC. Affiliates have no authority to act on behalf of or bind True Lead Creation, LLC. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between True Lead Creation, LLC and each Affiliate.
To find out more information about the Affiliate program and the additional terms that apply, please click here. For avoidance of doubt, all Sections of these Terms apply to you in your role as an Affiliate, unless expressly provided otherwise.
In the event you make a purchase using a True Lead Creation, LLC Affiliate identification number, the Affiliate tied to such sale will be given your name and email address for other promotional opportunities and purposes. By making a purchase through such Affiliate link or identification number you expressly agree that your name and email address may be shared with the Affiliate.
True Lead Creation, LLC is pleased to hear from users and customers and welcomes your comments regarding our services and products. True Lead Creation, LLC may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to True Lead Creation, LLC’ services or products, in printed and online media, as True Lead Creation, LLC determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond True Lead Creation, LLC’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant True Lead Creation, LLC a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
True Lead Creation, LLC reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. True Lead Creation, LLC shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
In the event that you voluntarily provide your mobile phone number through a website owned by True Lead Creation, LLC, you are consenting to receive automated and/or manual text messages from True Lead Creation, LLC about its products, services, and upcoming events. You can withdraw your consent by responding to a TrueLeadCreation’ text message with “STOP” at any time. This is the sole method of withdrawing consent to receiving text messages from True Lead Creation, LLC that is expressly agreed to by the parties. Standard message and data rates may apply.
As a True Lead Creation, LLC user and/or Affiliate, whether or not you display the True Lead Creation, LLC’ Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, including any True Lead Creation, LLC -provided messaging software now existing or which may in the future be created, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend True Lead Creation, LLC from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against True Lead Creation, LLC relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by True Lead Creation, LLC. You further understand and agree that True Lead Creation, LLC has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. True Lead Creation, LLC DOES NOT WARRANT THAT ANY True Lead Creation, LLC MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ANY USERS OF THE WEBSITE(S) THAT ARE IN BETA TESTING STAGE OR A SIMILAR PRE-LAUNCH OR TRIAL STAGE HEREBY EXPRESSLY ACKNOWLEDGE THAT FULL SECURITY PROTOCOLS OF THE BETA-STAGE WEBSITE(S) MAY BE INADEQUATE OR NOT FULLY VETTED BY US. BY USING ANY OF OUR WEBSITE(S) IN BETA STAGE, YOU ASSUME THE FULL RISK OF ANY DATA BREACHES AND HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TrueLeadCreation FOR ALL CLAIMS AND/OR DISPUTES ARISING OUT OF SUCH BETA-STAGE USAGE BY YOU
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL True Lead Creation, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER True Lead Creation, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL True Lead Creation, LLC’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO True Lead Creation, LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST True Lead Creation, LLC OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Ada County, Idaho, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or TrueLeadCreation.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and True Lead Creation, LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and TrueLeadCreation expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with True Lead Creation, LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
In order to prevent or limit irreparable injury to True Lead Creation, LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of True Lead Creation, LLC or a third-party, True Lead Creation, LLC shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Ada County, Idaho restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting True Lead Creation, LLC from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Ada County, Idaho for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless TrueLeadCreation, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send True Lead Creation, LLC a notice requesting that True Lead Creation, LLC remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send True Lead Creation, LLC a counter-notice. Notices and counter-notices should be sent to True Lead Creation, LLC, Attention Legal Department, 931-E South Main st STE 246 Kernersville, NC 27284, or by e-mail to [email protected] These Terms fully incorporate by reference the DMCA Policy.
The Website may contain links to other websites. TrueLeadCreation assumes no responsibility for the content or functionality of any non-TrueLeadCreation website to which we provide a link. Please see our Privacy Statement for more details.
You are responsible for your interactions and exchanges with other True Lead Creation, LLC users. We will not be responsible for any communication, interaction or provision of services between or among True Lead Creation, LLC users whatsoever. You agree and understand that (i) We have no control over the conduct of any True Lead Creation, LLC user; (ii) any claims or causes of action arising out of any action or inaction of any True Lead Creation, LLC user will be exclusively between You and such user, and not Us; and (iii) We disclaim any and all liability relating to your interactions with any True Lead Creation, LLC user. Any representations made to You by any True Lead Creation, LLC user are made solely at the discretion of such user and We have no way to monitor or validate, and will not be responsible or liable in any way for, any representations or statements made to You by any True Lead Creation, LLC user. We will have no liability to You for any statements or representations made by any True Lead Creation, LLC user to You as a result of Your use of Our Services.
There may be provided on or through Our Services links or access to other websites, mediums, content or materials belonging to our advertisers, business partners, affiliates and other third parties. Such links and access do not constitute Our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from Your use of the third-party links or the products or services of those third parties. We do not guarantee that the terms, prices or other content offered by any advertiser, business partner, affiliate or other third party on or through Our Services are accurate or the best terms or lowest prices available in the market.
You acknowledge and agree that We are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. All third-party materials and links are provided solely as a convenience to You. If You decide to access any of the third-party websites or mediums, You do so entirely at Your own risk and subject to the terms and conditions of use of such third-party websites and mediums.
Subcontractors.
You acknowledge and agree that We may subcontract to all or a portion of the Services to Our affiliates or other third parties from time to time, and hereby provide Your affirmative consent regarding the same.
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of True Lead Creation, LLC or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with True Lead Creation, LLC. Upon termination, you remain responsible for any outstanding payments to True Lead Creation, LLC.
No failure or delay on the part of True Lead Creation, LLC in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by True Lead Creation, LLC.
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or DPA, or any matter concerning TrueLeadCreation, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Idaho without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Ada County, Idaho, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
True Lead Creation, LLC will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
True Lead Creation, LLC may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without True Lead Creation, LLC’ (or its assigns’) express written consent.
All information communicated on the Website is considered an electronic communication. When you communicate with
True Lead Creation, LLC through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You can review the most current version of the Terms at any time at https://trueleadcreation.com/terms-and-condition. We reserve the right, at our sole discretion, to update, change, or replace any part of the Agreement, including the Privacy Statement or DPA by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that True Lead Creation, LLC has the right to rely upon all information provided to True Lead Creation, LLC by you, andTrue Lead Creation, LLC may contact you, your business, and any sub accounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify
True Lead Creation, LLC of the same within twenty-four (24) hours. TrueLeadCreation, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by True Lead Creation, LLC without incurring any obligation or liability to you.
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
These Terms, the Privacy Statement and DPA, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and True Lead Creation, LLC and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and True Lead Creation, LLC. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party. When translations of these Terms are provided to You, they are only provided for convenience and the English language translation of these Terms shall govern.
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to .
If you have any questions or inquiries concerning these Terms, you may contact TrueLeadCreation by email at [email protected].
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance:
[email protected]
Spam or Abuse:
[email protected]
Affiliates:
[email protected]
For General Support and Inquiries:
Notices to you may be made by posting a notice (or a link to a notice) on https://trueleadcreation.com/terms and such other sites we own and control, by email, or by regular mail, at True Lead Creation discretion.
Terms & Conditions
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER www.TrueLeadCreation.com OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of www.TrueLeadCreation.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by True Lead Creation, LLC (“TrueLeadCreation,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub-users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND TrueLeadCreation. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY TrueLeadCreation, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
You can use the links below to navigate to areas of these Terms that apply specifically to you, or which may otherwise be of interest:
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, meta tags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. True Lead Creation, LLC trademark and logo are proprietary marks of True Lead Creation, LLC , and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by True Lead Creation, LLC.
Subject to your continued strict compliance with these Terms, True Lead Creation, LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to True Lead Creation, LLC software over the Website, TrueLeadCreation provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by True Lead Creation, LLC; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of True Lead Creation, LLC; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. If you choose to purchase the use of an image from Shutterstock through the True Lead Creation, LLC platform, you will be given a limited, non-exclusive, non-sublicensable, non-transferable license by Shutterstock to use those image(s) such that you can re-use said image(s) solely on the associated True Lead Creation, LLC account related to said purchase, and only as long as you do not breach these Terms or that of Shutterstock. Images cannot be used in a shared funnel, downloaded outside of the TrueLeadCreation platform or used within any other True Lead Creation, LLC account. To the extent you breach any of the terms referenced herein, your rights will be immediately terminated without notice.
You agree not to use or attempt to use the Website or any software provided by True Lead Creation, LLC, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to True Lead Creation, LLC. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to True Lead Creation, LLC ’ reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of True Lead Creation, LLC or any third party.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to TrueLeadCreation’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to True Lead Creation, LLC, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without limitation multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, True Lead Creation, LLC requires you to follow these best practices when sending electronic communications:
Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications.
Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.
Include in each electronic communication your valid physical mailing address or a link to that information.
Do not send electronic communications to addresses obtained from purchased or rented lists.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses (e.g., [email protected] or [email protected]).
Do not engage in spamming.
Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), direct to consumer pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of TrueLeadCreation or otherwise.
MARKETING.AI Content.
Marketing.ai is an incorporated beta-stage tool that You can use to create various marketing content. You may provide input to Marketing.Ai (the “System”) and receive output generated and returned by the System based on the original input. The input and output to the System are collectively “AI Content.” As between the parties and to the extent permitted by applicable law, you own all input to the System. Subject to your compliance with these terms, We hereby assign you all right, title, and interest in and to the output provided by the System (only such output responding to Your individual input). This means you can use the AI Content for any purpose, including commercial purposes, so long as you comply with these terms and all applicable laws. You are solely responsible for AI Content, including ensuring that it does not violate any applicable law or these terms.
Due to the nature of machine learning, the output may not be unique across all users and the System may generate the same or similar output for multiple users. Responses that are requested by and generated for other users are not considered Your AI Content.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve the System to make it more accurate, reliable, safe, and beneficial as a whole. Given the inherent imperfections of machine learning, the System may not provide correct or legal outputs based on the input provided by You. You should evaluate and confirm the legality and accuracy of any output from the System for Your use.
MARKETING.AI Restrictions.
You may not (i) use the System, or its output, in a way that infringes, misappropriates, or violates any person or entity’s rights, (ii) reverse engineer, compile, decompile, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the System, (iii) use output from the System to develop models or other systems to compete with the System, (iv) represent that the output from the System was human-generated when it is not or otherwise violate any terms or policies of True Lead Creation, LLC, (v) buy, sell, or transfer API keys without Our prior consent, (vi) if you are using an API connection with a website or application directed at children, send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. If Your jurisdiction does not support the System, then you may not use the System in violation of applicable law.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union, United Kingdom, Brazil, or California (USA), our Data Processing Addendum (“DPA”) as well. Our Privacy Statement may be viewed at https://signup.TrueLeadCreation.com/privacy-policy and our DPA may be viewed at https://www.TrueLeadCreation.com/dpa. TrueLeadCreation reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement and DPA are incorporated into this Agreement by reference.
As a TTrue Lead Creation, LLC user, you will be required to create an account with True Lead Creation, LLC. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your True Lead Creation, LLC user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a TrueLeadCreation user, such as technical information, our pricing, our business strategy, and data about other past or current True Lead Creation, LLC users or their customers.
So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in True Lead Creation, LLC’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your True Lead Creation, LLC user account or enhanced pricing for your True Lead Creation, LLC user account, at TrueLeadCreation’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, True Lead Creation, LLC under your user account. You agree to immediately notify True Lead Creation, LLC of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that True Lead Creation, LLC is not liable, and you will hold True Lead Creation, LLC harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
If you have purchased a “hard good” (for example, a book or other tangible product) from TrueLeadCreation or any related brands, you may receive a limited refund if you comply with the following conditions (unless otherwise specified):
You must request a refund in writing by contacting ; Your request for a refund must be made within thirty (30) days of your purchase;
You must return the hard goods to TrueLeadCreation immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The hard goods must be returned to TrueLeadCreation in like-new, or re-sellable condition, as determined in TrueLeadCreation’ sole, reasonable discretion.
Where we offer you a free trial of True Lead Creation, LLC, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions are only available to new subscribers of True Lead Creation, LLC and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a free trial subscription to True Lead Creation, LLC do not qualify for a further free trial period.
True Lead Creation, LLC will email a reminder that your trial is ending at least 7 days prior to you being charged. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address , or by canceling your free trial through your Account Dashboard, as detailed here. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full TrueLeadCreation monthly membership subscription rate provided at the time of enrollment each month until you cancel. True Lead Creation, LLC can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
If you wish to cancel your True Lead Creation, LLC subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address or through your Account Dashboard, as detailed here. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to True Lead Creation, LLC. For annual subscriptions, we also require at least ten (10) days’ notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund but we will provide you with a credit towards other True Lead Creation, LLC’ subscription services. True Lead Creation, LLC in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
A True Lead Creation, LLC user is responsible for paying all sums due to True Lead Creation, LLC in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged up to the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the True Lead Creation, LLC user to use any of the services available through the service provided by True Lead Creation, LLC does not relieve the True Lead Creation, LLC user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount). If for whatever reason, we are unable to process your monthly subscription payment, we may in our sole discretion, charge you a lesser amount to “pause” your account and retain your information as we attempt to contact you for updated payment information.
IF YOU ARE ATrue Lead Creation, LLC USER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. AS NOTED ABOVE, IF WE DO NOT RECEIVE SUFFICIENT FUNDS, WE MAY CHARGE YOU A LESSER AMOUNT TO PAUSE YOUR ACCOUNT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO TrueLeadCreation, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY EMAILING AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
True Lead Creation, LLC reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event TrueLeadCreation starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, TrueLeadCreation may also charge applicable value added or other tax.
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.
Products, services, and prices are generally posted at the following URL, but are subject to change: https://trueleadcreation.com/. At times, True Lead Creation, LLC may also offer services, such as its Deal Boss Kings program, which will be described when offered but nonetheless governed by this Agreement. True Lead Creation, LLC may also offer additional products and services through other sites to which it owns or controls; such sites are also governed by the terms herein. TrueLeadCreation reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
You acknowledge and agree that if you join the Deal Boss Kings, Deal Boss Kings services do not include travel or lodging, such travel or lodging expenses incurred by you shall be your responsibility and shall be in addition to any costs or fees associated with the program. You also acknowledge that the content of the Deal Boss Kings services, including without limitation the materials and information provided to you as education, is confidential and proprietary to TrueLeadCreation; accordingly, you agree that you shall not communicate the teachings, materials, or other information acquired or learned from the Deal Boss Kings services to any other person.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize True Lead Creation, LLC to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of True Lead Creation, LLC, and unless you terminate your subscription as provided herein, you agree that TrueLeadCreation may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after email notice has been provided to you.
True Lead Creation, LLC takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that True Lead Creation, LLC does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. TrueLeadCreation’ descriptions of, or references to, products or services not owned by True Lead Creation, LLC are not intended to imply endorsement of that product or service, or constitute a warranty by TrueLeadCreation.
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
True Lead Creation, LLC does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that True Lead Creation, LLC will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use True Lead Creation, LLC's products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify True Lead Creation, LLC if any investigation or lawsuit is threatened or filed against you, whereupon True Lead Creation, LLC shall have the right to terminate this Agreement without liability. True Lead Creation, LLC shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). True Lead Creation, LLC shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify True Lead Creation, LLC as set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against True Lead Creation, LLC as a result.
True Lead Creation, LLC, in its sole and exclusive discretion, may provide an opportunity for you and customers of your online business to voluntarily “round up” purchases at checkout by various dollar amounts, such as one, three, five, or ten dollars, to be donated to Village Impact and/or Operation Underground Railroad, charitable organizations under Canadian and United States law, respectively, that are tax-exempt under Section 149 of the Canadian Income Tax Act and Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (each, individually, “Charity”). You agree that such “round up” donation amounts shall not be charged as a separate charge to your customer, but shall be included in a single charge for the total purchase price charged to your customer. TrueLeadCreation agrees to keep any “round up” donations in a separate, non-interest bearing account pending contribution of such amounts to the Charity. Any amounts constituting “round up” donations shall be irreversibly transferred to True Lead Creation, LLC, as agent and nominee for the Charity. You understand and agree that neither you nor your customers shall be entitled to any refund of any “round up” donations, regardless of whether a customer returns any or all items purchased from your online business. You understand and agree that such donations may be subject to sales tax, and that it is your sole and exclusive responsibility to collect and report such tax for sales to your customers. You further understand and agree that “round up” donations may not be tax deductible by you or your customers. You understand and agree that True Lead Creation, LLC is acting as nominee and agent of the Charity with regards to any “round up” donations and, pursuant thereto, True Lead Creation, LLC shall transfer such amounts to the Charity as soon as practicable, but in no event later than sixty (60) days after receipt of each donation.
True Lead Creation, LLC may offer you an opportunity to become an independent True Lead Creation, LLC affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for True Lead Creation, LLC accounts that you sell to other users subject to your acceptance of the terms of the True Lead Creation, LLC Affiliate agreement (the “Affiliate Agreement”). True Lead Creation, LLC reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Affiliate Agreement. For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of True Lead Creation, LLC. Affiliates have no authority to act on behalf of or bind True Lead Creation, LLC. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between True Lead Creation, LLC and each Affiliate.
To find out more information about the Affiliate program and the additional terms that apply, please click here. For avoidance of doubt, all Sections of these Terms apply to you in your role as an Affiliate, unless expressly provided otherwise.
In the event you make a purchase using a True Lead Creation, LLC Affiliate identification number, the Affiliate tied to such sale will be given your name and email address for other promotional opportunities and purposes. By making a purchase through such Affiliate link or identification number you expressly agree that your name and email address may be shared with the Affiliate.
True Lead Creation, LLC is pleased to hear from users and customers and welcomes your comments regarding our services and products. True Lead Creation, LLC may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to True Lead Creation, LLC’ services or products, in printed and online media, as True Lead Creation, LLC determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond True Lead Creation, LLC’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant True Lead Creation, LLC a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
True Lead Creation, LLC reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. True Lead Creation, LLC shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
In the event that you voluntarily provide your mobile phone number through a website owned by True Lead Creation, LLC, you are consenting to receive automated and/or manual text messages from True Lead Creation, LLC about its products, services, and upcoming events. You can withdraw your consent by responding to a TrueLeadCreation’ text message with “STOP” at any time. This is the sole method of withdrawing consent to receiving text messages from True Lead Creation, LLC that is expressly agreed to by the parties. Standard message and data rates may apply.
As a True Lead Creation, LLC user and/or Affiliate, whether or not you display the True Lead Creation, LLC’ Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, including any True Lead Creation, LLC -provided messaging software now existing or which may in the future be created, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend True Lead Creation, LLC from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against True Lead Creation, LLC relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by True Lead Creation, LLC. You further understand and agree that True Lead Creation, LLC has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. True Lead Creation, LLC DOES NOT WARRANT THAT ANY True Lead Creation, LLC MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ANY USERS OF THE WEBSITE(S) THAT ARE IN BETA TESTING STAGE OR A SIMILAR PRE-LAUNCH OR TRIAL STAGE HEREBY EXPRESSLY ACKNOWLEDGE THAT FULL SECURITY PROTOCOLS OF THE BETA-STAGE WEBSITE(S) MAY BE INADEQUATE OR NOT FULLY VETTED BY US. BY USING ANY OF OUR WEBSITE(S) IN BETA STAGE, YOU ASSUME THE FULL RISK OF ANY DATA BREACHES AND HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TrueLeadCreation FOR ALL CLAIMS AND/OR DISPUTES ARISING OUT OF SUCH BETA-STAGE USAGE BY YOU
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL True Lead Creation, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER True Lead Creation, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL True Lead Creation, LLC’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO True Lead Creation, LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST True Lead Creation, LLC OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Ada County, Idaho, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or TrueLeadCreation.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and True Lead Creation, LLC agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and TrueLeadCreation expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with True Lead Creation, LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
In order to prevent or limit irreparable injury to True Lead Creation, LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of True Lead Creation, LLC or a third-party, True Lead Creation, LLC shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Ada County, Idaho restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting True Lead Creation, LLC from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Ada County, Idaho for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless TrueLeadCreation, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send True Lead Creation, LLC a notice requesting that True Lead Creation, LLC remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send True Lead Creation, LLC a counter-notice. Notices and counter-notices should be sent to True Lead Creation, LLC, Attention Legal Department, 931-E South Main st STE 246 Kernersville, NC 27284, or by e-mail to [email protected] These Terms fully incorporate by reference the DMCA Policy.
The Website may contain links to other websites. TrueLeadCreation assumes no responsibility for the content or functionality of any non-TrueLeadCreation website to which we provide a link. Please see our Privacy Statement for more details.
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of True Lead Creation, LLC or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with True Lead Creation, LLC. Upon termination, you remain responsible for any outstanding payments to True Lead Creation, LLC.
No failure or delay on the part of True Lead Creation, LLC in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by True Lead Creation, LLC.
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or DPA, or any matter concerning TrueLeadCreation, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Idaho without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Ada County, Idaho, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
True Lead Creation, LLC will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
True Lead Creation, LLC may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without True Lead Creation, LLC’ (or its assigns’) express written consent.
All information communicated on the Website is considered an electronic communication. When you communicate with
True Lead Creation, LLC through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You can review the most current version of the Terms at any time at https://trueleadcreation.com/terms-and-condition. We reserve the right, at our sole discretion, to update, change, or replace any part of the Agreement, including the Privacy Statement or DPA by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that True Lead Creation, LLC has the right to rely upon all information provided to True Lead Creation, LLC by you, andTrue Lead Creation, LLC may contact you, your business, and any sub accounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify
True Lead Creation, LLC of the same within twenty-four (24) hours. TrueLeadCreation, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by True Lead Creation, LLC without incurring any obligation or liability to you.
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
These Terms, the Privacy Statement and DPA, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and True Lead Creation, LLC and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and True Lead Creation, LLC. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party. When translations of these Terms are provided to You, they are only provided for convenience and the English language translation of these Terms shall govern.
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to
If you have any questions or inquiries concerning these Terms, you may contact TrueLeadCreation by email at [email protected]
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance:
[email protected]
Spam or Abuse:
[email protected]
Affiliates:
[email protected]
For General Support and Inquiries:
[email protected]
Notices to you may be made by posting a notice (or a link to a notice) on
https://trueleadcreation.com/terms-and-condition and such other sites we own and control, by email, or by regular mail, at TrueLeadCreation’ discretion.