Terms and Conditions
The last update to our Terms of Use was posted on 27 September 2024.
Leadzolo LLC d/b/a Cash Offer Company (“us”, “we”, “ours”, or “Leadzolo”) operates a service that connects homeowners looking to sell their home quickly and easily with home buyers looking to purchase property quickly and easily. This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our websites, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Leadzolo.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE WEB SITE TERMS AND CONDITIONS OF USE, ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our
Privacy Policy, and other posted guidelines within our Website (collectively “Legal Terms”), constitute the entire and only agreement between you and Leadzolo, and supersede all other agreements, representations, warranties, and understandings with respect to our Website and the subject matter contained herein.
We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, your continued use of the Website shows your agreement to be bound to any such revisions. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
Definitions
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
A “Home Buyer” is an individual or entity that has agreed to the Lead Purchaser Agreement with Leadzolo to contact Members about the purchase of their homes and/or properties.
A “Member” is an individual that has registered with us to use our Service or provided personal information for submission to the Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members, specifically the matching of Members to Home Buyers.
A “User” is a collective identifier that refers to either a Visitor or a Member. Note: “User” excludes Home Buyers because the Home Buyer relationship with Leadzolo is governed by the agreed upon Lead Purchase Agreement.
A “Visitor” is someone who merely browses our Website, but has not registered or submitted any information as a Member.
Use License
Subject to your full compliance with the Legal Terms, we grant you a nonexclusive, nontransferable, non-sublicenseable, terminable license to access and use the Website and Service for your personal use. You agree not to: (i)duplicate, sell, re-sell, modify or copy the Content; (ii) use the Content for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on Leadzolo’s website; (iv) remove any copyright or other proprietary notations from the materials; or (v) transfer the materials to another person or “mirror” the materials on any other server.
We reserve the right, at our discretion, to change, suspend, discontinue, or modify any aspect of any Website. Such modifications may include, without limitation, changes in content, user priorities, and discontinuance of functional aspects of any Website. We are not liable to any user or third party for any such change, suspension, discontinuance or modification to the Website and/or Service
Restricted Uses
As a condition of your access and use of the Website and Services, you agree to not use the Sites and Services for any unlawful purpose or prohibited by these Legal Terms. By way of example, and without limitation, you agree not to:
1 - Provide any false or misleading information;
2 - Use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, any third party’s rights of publicity, rights of privacy, contractual rights, or confidentiality;
3 - Use the Website and Services to harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, or otherwise attempt to mislead others as to the identity of the Member;
4 - Use the Website and Services if you are under the age of eighteen (18);
5 - Use the Website and Services in any way that could interfere with the rights of Leadzolo or the rights of other Users and/or Home Buyers of the Website and Services; or
6 - Access, download, monitor, mirror, or copy any information contained on our Website and Services through artificial means (including but not limited to use of any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm, or methodology), or any similar or equivalent automatic or manual process, to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Website or Services.
Electronic Communication
You are connecting with us electronically when you go to the Site or send out emails to us. All disclosures and communication will be provided to you electronically either on our Website or via your designated email address. Your consent to receive electronic communications only applies to us and not any Home Buyers you may be connected with via our Services.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Leadzolo reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. You should assume all Content and material made available on the Site is protected by copyright law.
Disclaimer
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LEADZOLO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, LEADZOLO DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, LEADZOLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. LEADZOLO DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM LEADZOLO ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS.
Limitation of Liability
LEADZOLO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL LEADZOLO’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), EXCEED U.S. $100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THESE LEGAL TERMS OR TO THE SERVICES.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Leadzolo has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Governing Law
Any claim relating to Leadzolo’s web site shall be governed by the laws of North Dakota without regard to its conflict of law provisions, and you consent to exclusive jurisdiction and venue in such courts.
Indemnity
You agree to defend, indemnify, and hold harmless Leadzolo, its affiliates, and their corresponding officers, owners, employees, directors, agents, successors, assigns, and designees, from and against any and all costs, expenses, and losses (including reasonable attorneys’ fees and costs) incurred through any claim, lawsuit, demand or cause of action brought by a third party that arise or resulting from (i) any breach or violation of any applicable law or regulation; (ii) any Content of most material you offer to the Site, (iii) your use of any Content, or (iv) any violation of these Terms of Use by you. Leadzolo will have sole control of the defense of any such claim.
General Terms
Our Legal Terms shall be treated as though they were executed and performed in North Dakota, United States and shall be governed by and construed in accordance with the laws of North Dakota, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Leadzolo under our Legal Terms shall survive the termination of our Legal Terms.