MyBizLeads.com Participant Terms
About the Program
MyBizLeads is a lead generation service for licensed real estate agents and brokers. MyBizLeads performs internet marketing campaigns to drive traffic to landing pages targetting those searching for real estate and homes for sale on the internet. Our service acts as a forum connecting potential home buyers exclusively with Licensed Real Estate Agents or Brokers ("Real Estate Professionals" , "Agents" and "you" the participant) who are knowledgable about their local real estate market. Real estate professionals then contact these people to assist them offline in their home search and/or home buying experience. We charge each agent on a per introduction ("Lead" or "Leads") basis.
What we are NOT :
MyBizLeads is not a real estate brokerage or a real estate salesperson as defined by the division of Business and Professional Code specific to Real Estate Law. We act solely as a lead generation service and internet advertising vehicle for Real Estate professionals and we are compensated for providing our advertising and lead generation service, not for soliciting prospective home buyers or sellers for compensation.
The services offered therein are provided solely as a forum and technical interface that connects prospective home buyers with locally licensed real estate agents and brokers. We do not provide any real estate, appraisal or house-related services, and do not hold ourselves out as being licensed to perform any such services. We do not sponsor, endorse, recommend or approve of any real estate agent, broker or other home-related service provider who offers services through the sites.
We do not broker transactions. We are not responsible for selling, purchasing, exchanging, renting or leasing property. We seek no commission for real estate transactions, have no involvement in the transaction process and have minimal knowledge (e.g., customers submitting testimonials), if any, of whether a transaction took place.
We seek no commission/compensation for real estate transactions, have no involvement in the transaction process and have minimal knowledge (e.g., customers submitting testimonials), if any, of whether a transaction took place.
We make no representations or warranties about buyers or sellers (e.g., including financial capabilities), or participating Real Estate Agents.
We make no representations, guarantees, and are not liable for the relationship between the agent and lead or any communication between the agent and the lead. Although we do our best to filter leads that provide false information, there is no gaurantee that any provided lead details (including but not limited to: phone, address, city, state, zip, email, property search criteria) is accurate.
This service is ONLY for:
1. Licensed Real Estate Agents or Brokers ("Real Estate Professionals" )
2. Real Estate Professionals Enthusiastic about serving potential home buyers who are searching for homes for sale on the internet.
3. Real Estate Professionals who can provide fast followup to internet leads.
4. Real Estate Professionals who want opportunities to talk to people searching the web for homes for sale in the specific region(s) the real estate professional serves.
5. Real Estate Professionals who are members of the local MLS board(s) for the region(s) they serve and where they wish to receive leads for.
Lead Contact Guarantee
MyBizLeads has a 100% Lead Contact guarantee. We do our best to filter bad leads in real-time however sometimes bad leads leak thru. The Lead Contact guarantee means that if you can not contact by at least one contact method: phone or email, within 7 days of receiving a lead, you may dispute the lead in your account's admin area. Our staff will accept or decline your lead dispute request. The only reason we would decline your request is if our staff was able to contact the lead by either phone or email.
Our lead dispute system is trust based. This means we trust that you may dispute a lead if you truly cannot contact a lead by at least one method (telephone or email). For email, making contact is defined as not receivng a bounce notification or mailer daemon. For phone, making contact is defined as reaching either a live voice, voicemail or answering service.
NOTE: If a lead is not interested and/or at the moment does not need assistence in either searching or buying at the moment, you will NOT receive a credit. MyBizLeads gives you opportunities to contact and create a relationship with these potential home buyers. THERE IS NO GUARANTEE that a lead or prospect will do business with you or is interested either now or ever. Some leads may be interested right now, some may be interested in the future, some are just searching and may not want home search assistance or assistance buying a home. Some of agents do not followup with leads fast enough and leads may go elsewhere for real estate services. Also, we've found that the faster you followup from the initial time they performed the search, the more eager they are to talk to you. WE ARE NOT LIABLE for leads who don't progress thru the sales cycle or are not interested in working with you for any reason.
NOTE: IF we find that you are continually reporting leads that we are able to contact we may terminate your account.
Property Search Redirect
When leads and visitors complete our various online forms, one of their key motivations for completing the lead form is being able to search for real estate online. After completing an online form, our landing pages redirect these visitors to property search results related to the criteria that they specified. MyBizLeads offers two options for property search results:
1. Default Setting - redirect users to a major property search site such as Homeseekers.com and allow them to perform their search there. This setting is the default setting before we set you up with your own property search (IDX account with ihomefinder) .
2. Specified Redirect - MyBizLeads understands how important branding is and being able to continually expose yourself to visitors. When you signup our staff will create an ihomefinder IDX search (free of charge) web site that we will redirect visitors to. This simple search page will include your contact details, photo and a link to go to your main website (specified in the admin area). While visitors search they will be continuously exposed to you and your contact information. Some leads may even contact you before you contact them. Note: We simply redirect leads/visitors after completing a form to your IDX search URL with your contact details. The free ihomefinder IDX search does not include custom design or integration to an existing website. These services are available at $100 per hour.
"Do Not Call" / Email Opt-out Disclaimer
Our leads have all opted in and agree that they may be contacted by a local real estate agent by phone and/or email for assistance in their offline and online home search. It is your responsibility to respect if they do not want to be contacted (via phone or email). You are soley responsible for violating the Federal/State "Do Not Call" provisions (see https://www.donotcall.gov/ ) or any Federal or State unsolicited email laws.
Automatic Payment / Account Reload
To ensure that you will receive leads continuously all participants in the lead generation program are set up via automated payments. When you signup, you will set a monthly budget and upon intial signup you will need to pay 50% of your budget. As leads come in your account, lead charges are subtracted from your account balance. Anytime your balance becomes low and you have not hit your budget, our system will charge the card you provided 50% of your currently set budget. Low account balance means within 1 lead of have a zero/negative balance.
Cancellation / Chargebacks / Refund Policy
You may cancel at anytime. If you cancel or terminate your account we will refund your account balance to the credit card you provided us within 90 days. Note: there are no refunds for received leads. Example. If you signed up originally for $1,000... received 10 leads at $40 per lead. That leaves $600 that you are entitled to, if you cancel. You would receive the $600 within 90 days. Any customer who disputes a credit card payment via chargeback is subject to account termination at our discretion.
Equal Housing Opportunity
Use of our services is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." Your state or local jurisdiction may impose additional requirements.
AGREEMENT BETWEEN USER AND DAK SOLUTIONS, INC.
This Website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions and notices.
LIABILITY DISCLAIMER
ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN DAK SOLUTIONS, INC. AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. DAK SOLUTIONS, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. DAK SOLUTIONS, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DAK SOLUTIONS, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL DAK SOLUTIONS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DAK SOLUTIONS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. The content available through this Website is the sole property of Dak Solutions, Inc. or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Dak Solutions, Inc.-owned content received through this Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Dak Solutions, Inc. licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website to anyone, including but not limited to others in the same company or organization without Dak Solutions, Inc.'s express prior written consent.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to Websites operated by parties other than Dak Solutions, Inc.. Such hyperlinks are provided for your reference only. Dak Solutions, Inc. does not control such Websites, and is not responsible for their contents. Dak Solutions, Inc.'s inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to Dak Solutions, Inc. that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
GENERAL
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dak Solutions, Inc. as a result of this agreement or use of this Website. Dak Solutions, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dak Solutions, Inc.'s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Dak Solutions, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Dak Solutions, Inc. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dak Solutions, Inc. with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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