Privacy Policy:
BigTimemlmLeads.com will never sell, trade, or giveaway any information collected and is
fully committed to protecting the privacy of our online visitors and customers. Any information left
by an individual is strictly opt-in and the individual may request to be removed at any time and
there request will be honored.
All personal information is kept completely confidential and is fully protected from unauthorized
access.
Return Policy:
Due to the nature of this product leads are sold "as is" and your success using them will rely on your contacting and
recruiting skills. We will honor legitimate exchange/refund requests from customers who worked the leads and feels
they haven't received value from their purchase. Exchange/refund requests must be made within 45 days of purchase.
Terms & Conditions:
I. Leads
During the Term hereof, BigTimemlmLeads.com hereby agrees to grant the purchaser (Licensee) the right to use
leads purchased from BigTimemlmLeads.com.
The Leads, to the extent inventory so allows, are to be delivered in the quantity and frequency set forth in the purchase
agreement (whether placed via telephone, website or email). If you have a problem with the leads please contact
us at 1-888-689-8444 to discuss a lead exchange or refund.
II. Services
BigTimemlmLeads.com is engaged in the business of s providing training services, training systems, training tools,
business strategies, and sales strategies and tools (such as, but not limited to, scripts, templates, processes,
websites, and letters) to convert leads into customers (collectively hereinafter “Services”).
III. Terms of Use
a. Lead Use. During the Term hereof and subject to the other terms and conditions of this Agreement,
BigTimemlmLeads.com grants to Licensee a non-transferable, non-assignable limited license to use the Leads as
follows:
1. BigTimemlmLeads.com is not responsible for the use of its Leads by Licensee or any other end user.
2. Licensee agrees to use the Leads in a manner that strictly complies with all applicable state, federal, and
international laws. This includes, but is not limited to, the CAN-SPAM Act of 2003 and all State laws that regulate e-
mail marketing.
3. Licensee agrees not to falsify transmission (header) information in any and all electronic mail it directly and/or
indirectly initiates or causes to be sent to the Leads, or to take any other steps to disguise the true origin of the
electronic mail and sender.
4. Licensee agrees to only send electronic mail to Leads from a valid and working electronic mail address to which
the Leads may respond.
5. Licensee agrees to include the following information in all of the electronic mail it directly and/or indirectly initiates
or causes to be sent to the Leads: 1) accurate electronic mail Subject heading line; 2) the Licensee’s physical
mailing address; and 3) a clear and conspicuously displayed mechanism for the Leads to unsubscribe or “opt-out” of
receiving any further electronic mails (said mechanism to remain operational for not less than 30 days after
transmission of the corresponding email).
6. Licensee agrees to cease sending email to any and all Leads that have requested to “opt-out” or unsubscribe
within seven (7) days of the corresponding request.
7. Licensee agrees not to use the Business Leads to market to a minor any product or service that the minor may not
lawfully purchase.
b. Services Use. During the Term hereof and subject to the other terms and conditions of this Agreement,
BigTimemlmLeads.com grants to Licensee a non transferable, non assignable limited license to use the Services as
follows:
1. Licensee agrees to use the Services to convert Leads into customers.
2. All rights not expressly granted herein are reserved by BigTimemlmLeads.com.. BigTimemlmLeads.com does
not grant any implied license under any patents, trademarks, trade secrets, copyright or other proprietary rights held by
BigTimemlmLeads.com. in its Services and/or to the underlying software used by BigTimemlmLeads.com and/or to
any derivative works based, in whole or in part, upon the Services whether or not created by BigTimemlmleads.com
and/or Licensee. Except as or if otherwise expressly set forth herein-below, Licensee shall have no right to receive
any software, data, or other materials or information under this Agreement.
3. Licensee has no right or interest whatsoever in the content of BigTimemlmLeads.com's database (both the
content thereof and its structure, sequence and/or organization), BigTimemlmLeads.com's scripts,
BigTimemlmLeads.com's templates, BigTimemlmLeads.com's training systems, BigTimemlmLeads.com's training
tools, BigTimemlmLeads.com's business and/or sales strategies, and/or the Services. In addition, it is hereby
agreed that this Agreement does not create any implied entitlement in Licensee’s favor in and/or to
BigTimemlmLeads.com's Services, data, business model, scripts, database structures, database sequences,
database organization, templates, training systems, training tools, scripts, websites, letters, processes, business
and sales processes, websites, letters, customer relationships, and/or revenue.
4. Licensee hereby agrees not to copy, attempt to create, or permit others to attempt to create, by reverse
engineering or otherwise, any part of the source code for the software used by BigTimemlmLeads.com to provide,
generate, and/or deliver the Services and/or Leads.
5. Licensee hereby agrees not to copy, attempt to create, or permit others to attempt to create any part of the
Services, including, but not limited to, the data, business model, scripts, database structures, database sequences,
database organization, templates, training systems, training tools, scripts, websites, letters, processes, business
and sales processes, websites and/or letters.
IV. Additional Terms
This Agreement shall begin as of the Effective Date and shall remain in full force and effect until terminated by either
party in a manner consistent with the terms and conditions set forth herein.
a. LICENSE RESTRICTIONS.
1. All rights not expressly granted herein are reserved by BigTimemlmLeads.com. This Agreement does not grant to
Licensee the right to use the Leads or Services for any other purpose not expressly set forth in the License Summary
above. BigTimemlmLeads.com does not grant any implied license under any patents, trademarks, trade secrets,
copyrights or other proprietary rights held by BigTimemlmLeads.com The use by BigTimemlmLeads.com of an
Online Lead Generation Form prepared by Licensee or any third party does not grant to Licensee or any third party any
rights whatsoever in and/or to the Leads generated therefrom.
2. Licensee agrees not to use the Leads and/or Services in any manner that is deceptive, improper, wrongful,
unethical, and/or unlawful.
b. CONFIDENTIAL INFORMATION
1. “Confidential Information” shall mean the following for purposes of this Agreement:
i. Any BigTimemlmLeads.com information, product idea, know-how, data, process, technique, design, drawing,
program, formula or test data, work in process, data, business model, script, database structure, database sequence,
database organization, template, training system, training tool, letter, process, business and sales process, and/or
engineering, marketing, financial, sales, supplier, customer, employee, investor or business information, whether in
oral, written, graphic, or electronic form; and
ii. Any BigTimemlmLeads.com document, diagram, drawing, computer program or other communication which is
either conspicuously marked "confidential", known or reasonably known by the other party to be confidential, or is of a
proprietary nature and is learned or disclosed in the course of discussions, studies, or other work undertaken
between the parties.
2. Licensee covenants and agrees it shall not, for any reason or under any circumstance at any time, directly or
indirectly use, convert, apply, appropriate, employ, alter, transform, assign, put into operation or otherwise use any of
the Confidential Information, in whole or in part, for any purposes whatsoever. Licensee acknowledges any such
action taken by it is in contravention to this Agreement and is strictly prohibited.
3. Licensee and its respective employees and agents agree that during the term of this Agreement and for a period of
ten years after the later of the expiration and/or termination of the term of this Agreement, Licensee will not at any time
disclose to any person or use for its own benefit or the benefit of anyone Confidential Information without the prior
written consent of BigTimemlmLeads.com
4. Prior to disclosure of any Confidential Information received, the Licensee will obtain from all consultants it retains a
written agreement to (a) hold all Confidential Information in confidence and not to use such information for any
subsequent business relationship between the parties; and (b) to return all Confidential Information received
immediately after consultant has completed its work to the party for whom said information was received.
5. Licensee agrees to promptly deliver to BigTimemlmLeads.com documents reflecting Confidential Information and
all copies made thereof which the Licensee or its agents or representatives may have made, may have access to, or
may receive or possess during the term of this Agreement. Upon the expiration and/or termination of this Agreement,
the Licensee shall promptly deliver to BigTimemlmLeads.com any and all such Confidential Information in its
possession or under its control and shall make, at BigTimemlmLeads.com's request, its facilities, files, and
computer equipment accessible for BigTimemlmLeads.com and/or its agent to confirm compliance by Licensee with
this Section 11 of the Agreement.
6. Licensee hereby represents and affirms that BigTimemlmLeads.com. will suffer irreparable injury in the event of a
breach by Licensee of this Section 11 such that an award of injunctive relief is appropriate and justified.
c. REPORTING AND PAYMENT.
Licensee agrees to remit payment to BigTimemlmLeads.com in the manner set forth in the License Summary and/or
purchase agreement (as applicable).
d. DISCLAIMER.
1. BigTimemlmLeads.com does not guarantee that the Leads and/or Services provided pursuant to the terms of this
Agreement will generate revenue to Licensee. BigTimemlmLeads.com does not guarantee that the Leads provided
can be contacted by Licensee or that the Leads provided are not otherwise available from another source separate
from BigTimemlmLeads.com. BigTimemlmLeads.com makes no representation whatsoever regarding the
suitability, creditworthiness, viability, or legitimacy of the Leads. BigTimemlmLeads.com exercises no control over,
and accepts no responsibility for, the acts and/or omissions of the Leads. BigTimemlmLeads.com makes no
representation regarding whether the use by Licensee of the Leads is authorized pursuant to the Federal Trade
Comission’s and Federal Communications Commission’s Telemarketing Sales Rules (a.k.a. Do Not Call Registry)
or various federal and state laws regarding e-mail marketing. BigTimemlmLeads.com makes no representation
regarding whether the use by Licensee of the Leads is authorized pursuant to the Federal Trade Commission’s and
Federal Communications Commission’s Telemarketing Sales Rules (aka “Do Not Call Registry”). Except as
otherwise expressly set forth in this Agreement, the Licensee hereby agrees that the Leads are provided on an “as is,
as available” basis.
2. BigTimemlmLeads.com MAKES NO EXPRESS OR IMPLIED WARRANTY, TO THE EXTENT PERMISSIBLE BY LAW,
OTHER THAN THE WARRANTIES EXPRESSED IN THE LICENSE SUMMARY, IF ANY, AND SPECIFICALLLY
DISCLAIMS ANY WARRANTIES OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
e. LICENSEE REMEDIES.
In all cases involving a failure of the Leads to conform to the express terms set forth in the License Summary,
BigTimemlmLeads.com's has no obligation to refund or credit any part of the purchase price set forward.
f. PROPERTY RIGHTS.
All property rights in the Leads and Services and any included materials provided to Licensee, including any and all
derivative works based, in whole or in part, thereon, whether or not authored in whole or in party by BigTimemlmLeads.
com and/or Licensee, remain the sole and exclusive property of BigtimemlmLeads.com and are protected by United
States copyright laws and any copyright laws of other countries.
g. INDEMNITY.
Each party hereto agrees to indemnify, defend and hold the other party harmless from and against any and all actions,
claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses,
including attorneys’ fees and related costs, which (1) arise solely or in part from the act(s) and/or omission(s) of the
indemnifying party; or (2) arise from or are related to a breach by the indemnifying party of any express warranty
contained herein.
h. GOVERNING LAW; SEVERABILITY.
This License Agreement is governed by the laws of the State of Idaho without giving effect to its conflict of law
provisions and any and all disputes arising from and/or related to this Agreement shall be exclusively brought before a
court located within the State of Idaho, County of ADA. All parties hereby consent to jurisdiction of the courts located
within the County of ADA, Idaho for any and all actions arising from and/or related to this Agreement. The United
Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Section
headings are for convenience only and will not be considered part of this Agreement. If any portion of this Agreement
is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the
maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision
cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and
enforceability of the remaining provisions of this Agreement.
i. TERMINATION.
1. Except as set forth in paragraph 8(b), this Agreement may be terminated by either party by submitting one-week
advance written notice to the other.
2. This Agreement may be immediately terminated by either party (1) in the event of a breach by either party of an
express warranty contained herein; (2) if either party becomes insolvent, admits in writing its inability to pay its debts
as they mature, makes an assignment for the benefit of creditors, becomes subject to direct control of a trustee,
receiver or similar authority, or is the subject of reorganization; or (3) in the event either party becomes subject to any
bankruptcy or insolvency proceeding under federal, state or foreign statutes.
3. Upon termination of this Agreement by either party, all rights conferred hereby shall immediately terminate
j. ENTIRE AGREEMENT.
This Agreement, together with any addendums, exhibits, amendments and schedules hereto, shall constitute the
entire agreement and understanding between BigTimemlmLeads.com and Licensee with respect to the subject
matter hereof and supersedes any prior representations, agreements, and/or understandings between the parties on
these subjects. Any different or additional terms in any documents furnished by Licensee are specifically objected to
and will not become part of this Agreement. This Agreement may be amended or superseded only by a written
instrument executed by BigTimemlmLeads.com and Licensee This Agreement shall not be deemed accepted by, or
binding upon, either party until executed by authorized representatives of both parties. This Agreement shall be
binding upon and inure to the benefit of the successors and assigns of BigTimeLeads.com and Licensee.
k. ASSIGNMENT.
This Agreement or any interest therein shall not be assigned by Licensee without the prior written consent of
BigTimemlmLeads.com which consent shall not be unreasonably withheld.
l. REPRESENTATIONS AND WARRANTIES.
1. Each party represents and warrants to the other that it has full right and authority to enter into this Agreement and to
perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any
agreement between itself and a third party; and that the provisions of this Agreement are binding upon and
enforceable against it except as may be limited by applicable bankruptcy laws and other laws affecting creditors rights.
2. Licensee represents and warrants that it will not engage in any deceptive or unlawful trade practice and that it will
comply in all respects to all applicable laws, including, but not limited to, the CAN-SPAM Act of 2003 and various state
laws that regulate e-mail marketing; that the information set forth in the Online Lead Generation Form is true and
accurate to the best of Licensee’s knowledge; and that the Online Lead Generation Form does not infringe the
intellectual property rights of any third party.
3. Licensee represents and warrants that it will provide free sample products to all Leads if the Licensee is advised
that the said Leads have furnished their identifying information in consideration for receiving such free sample
products. The quantity and quality of the free sample products must be in substantial conformance with the
descriptions originally provided to each of the corresponding Leads.
4. Licensee represents and warrants that it will not market to a minor any product that the minor may not lawfully
purchase.
m. CREDIT CARD AND CHECKING ACCOUNT BILLING AUTHORIZATION
Licensee does hereby declare that the aforesaid party is: 1) the holder of the credit card used to place this order, 2)
authorized by the holder of the credit card used to place this order; 3) authorized by the account holder of the checking
account used to place this order; or 4) authorized by the owner of the checking account used to place this order, to use
either the credit card or checking account to pay for the Leads and Services and related charges as per this
Agreement.
Licensee does hereby authorize BigTimemlmLeads.com to bill the credit card submitted or withdraw funds from the
checking account provided for all charges due pursuant to the terms of this Agreement until such time as this
Agreement is terminated pursuant to this Agreement. Licensee hereby authorizes BiogTimemlmLeads.com to obtain
funds equal to the full amount of the purchase price as deposit in advance of shipping. It is agreed that because this
transaction occurred over the Internet, it is not necessary for the credit card to be present or for a paper check to be
signed for any legitimate charges to be valid. It is further agreed that this authorization is negotiated in the city of Boise,
Idaho.
n. LIMITATION OF LIABILITY
In no event shall BigtimemlmlLeads.com and/or its officers, directors, employees, contractors, licensors, licensees,
and/or suppliers be liable to Licensee for any indirect or direct lost profits, or other incidental, consequential, or
special damages, even if advised of the prospect of such damages arising out of the failure of the Services and/or the
failure of the underlying software to operate and/or remain accessible.
In no event will BigTimemlmLeads.com's total cumulative liability hereunder, from all causes of action of any kind,
including contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise,
exceed the lesser of either the total amount paid by BigTimemlmLeads.com to Licensee hereunder and/or, if
applicable, the total amount paid by Licensee to BigTimemlmLeads.com under this or any other agreement with
BigTimemlmLeads.com.
o. COPYRIGHT
All rights and interests in and/or to the Services and underlying software, data, business models, scripts, database
structures, database sequences, database organization, templates, training systems, training tools, scripts,
websites, letters, processes, business and sales processes, websites and/or letters, together with all graphical,
access, integration, interfacing, and other related materials provided to Licensee byBigTimemlmLeads.com, remain
the sole property of BigTimemlmLeads.com and may only be used by Licensee pursuant to the express terms of this
Agreement.
p. INDEPENDENT CONTRACTORS
Nothing contained herein shall in any way be construed to interpret this Agreement as creating a partnership, joint
venture, employment or franchise relationship between the parties hereto.
It is expressly agreed that Ltw and Affiliate are acting hereunder as independent contractors and under no
circumstances shall any of the employees of one party be deemed the employees of the other for any purpose.
This Agreement shall not be construed as authority for either party to act for the other party in any agency or other
capacity, or to make commitments of any kind for the account of or on behalf of the other except to the extent and for
the purposes expressly provided for herein. In this regard, neither party shall hold itself out contrary to the terms of
this Section, and neither party shall become liable for the representation, act or omission of the other contrary to the
provisions hereof.
q. ASSIGNMENT
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be
entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which the party may be entitled.
r. NOTICES
Any notices hereunder shall be given to the appropriate party at the address specified above or at such other address
as the party shall specify in writing. Notice shall be deemed given: (a) upon personal delivery; (b) if sent by fax, upon
confirmation of receipt (by person or machine); (c) if sent by certified mail, postage prepaid, three days after the date of
mailing; (d) if sent by electronic mail, upon the day after the date on which such notice has been sent; and (e) if sent by
nationally recognized overnight courier service capable of verified receipt, upon the day after the date on which the
notice is delivered to the overnight courier for next day delivery (provided verified receipt is obtained by such courier).
s. FORCE MAJEURE
Neither party shall be held responsible for any delay or failure in performance of this Agreement caused by fire,
hurricane, tornado, earthquake, tidal wave, meteor strikes, civil war, Internet brown-outs or black-outs, computer
hacking, or acts of terrorists ("Force Majuere") if the effects of such Force Majuere could not have been avoided
through the application of reasonable foresight or diligent effort. Notwithstanding the foregoing, a shortage of liquid
funds is never an event of Force Majuere.
t. NO THIRD PARTY BENEFICIARIES
No person who is not a party to this Agreement shall have or acquire any rights by reason of this Agreement nor shall
any party hereto have any obligation or liability whatsoever to any such person by reason of this Agreement.
u. SURVIVAL
Sections II(b)(2), II(b)(3), II(b)(4), II(b)(5), IV(a)(1), IV(b), IV(d), IV(f), IV(g), IV(h), IV(m), IV(n), IV(o), and IV(v) shall survive
the termination of this Agreement.
v. ATTORNEYS FEES
In the event any suit or other action is commenced to construe or enforce any provision of this Agreement, the
prevailing party, in addition to all other amounts such party shall be entitled to receive from the other party, shall be
paid by the losing party all reasonable attorney's fees and court costs
I have read and agree to the terms set forth in this Agreement.
No modifications to these terms have been made in the course of this transaction. By purchasing both parties agree
to abide by this Agreement.