1). By contracting for our Facebook Ads Lead Generation Services (“Services”) and entering into this Facebook Ads Lead Generation Services Agreement (“Agreement”), you represent and warrant that you: are at least eighteen (18) years of age or older; have provided true, accurate, current and complete information; have the authority to enter into this Agreement on behalf of the entity listed and perform under these Terms of Service; and agree to be bound by the terms of this Agreement and to comply with any applicable laws, rules, statutes, ordinances, regulations and orders. 411 Locals will provide you with the Services and by contracting for these Services from 411 Locals and/or any of its affiliates, you are bound to the following Terms of Service, the terms of service of the defined local search providers, and 411 Locals most recent General Terms of Service and Privacy Policy as listed on its website (https://411locals.com/terms-of-service/ and https://411locals.com/privacy-policy/ )
411 Locals reserves the right to update these Terms of Service and any of its policies or terms by posting updates on its website at any time. Any updates will be effective upon the date of posting. We recommend that you review 411 Locals’ website regularly for updates. Your continued use of or access to 411 Locals’ website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
2). You hereby agree to the following terms of this Agreement and agree to be billed for the Services as follows:
a). You will be billed a one-time, non-refundable set-up fee in the amount of $49.99 upon signing up for the Services.
b). 411 Locals will provide you leads, and you agree to pay and be billed per lead. The cost per lead will vary as per the industry. The exact cost will be communicated at the point of sale. The information that will be contained in each lead may vary, but will usually include the name of the contact, phone number, and other relevant information. 411 Locals makes no representations or warranties concerning the leads or the information provided.
Despite best efforts, 411 Locals does not guarantee providing any specific number of leads.
In addition, 411 Locals cannot and does not make any guarantees, representations or warranties regarding the following:
– any customer’s level of interest;
– any customer’s desire to have work completed;
– any customer’s ability to pay you;
– the accuracy of the information provided by any customer;
– that any customer(s) will hire you to perform services; and/or
– that you will be able to successfully contact each customer.
411 Locals does not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.’ 411 Locals is not involved in, nor does 411 Locals have any responsibility for your contracts with customers, creditworthiness of any customer, any payments to you, any disputes that customers may have with you or any disputes that you may have with customers.
c). You will receive the leads from 411 Locals via daily SMS messages and through email, which will indicate the lead is from 411 Locals. These leads will also be available in your Customer Dashboard.
d). You will be billed per lead. The cost per lead will vary as per the industry. The exact cost will be communicated at the point of sale. The fee per lead will be charged automatically on a monthly basis to the payment method you have on file with 411 Locals, All lead fees are non-refundable. You further understand that future lead fees may be subject to change, however 411 Locals shall notify you of any changes to the lead fee at least ten (10) days prior to the change in lead fee. In the event your payment method on file with 411 Locals does not have sufficient funds to cover the next month’s charges, 411 Locals may immediately discontinue these Services to you or may discontinue at any time thereafter. You may cancel this Agreement by having the authorized credit card holder or authorized holder of whatever payment method is used, contact 411 Locals Customer Service Department at (866) 391-0622. No written emails or letters of cancellation will be accepted. You will not be refunded for any fee that 411 Locals has charged for a lead prior to your cancellation date.
e). 411 Locals will provide you with a lead report by the following month/billing date in which you received the leads detailing all of the leads and corresponding charges for the leads from the previous month/billing period.
f). This Agreement is not assignable by you. All communications regarding account management, billing, and/or any other matters regarding your account shall be conducted between 411 Locals and you, or between 411 Locals and your company’s authorized representative if the identity of said representative is provided to 411 Locals and authorized in writing by you. In the event no authorized representative is designated, then the named credit card account holder or any other payment method account holder shall automatically be designated as the sole authorized representative on said account. No refunds are given for services contracted for after fees are processed.
g). At the sole discretion of 411 Locals, any credit for a lead shall be deducted from your unpaid invoice in an amount equal to the purchase price of the lead for which the credit was requested. Any credits to your account shall be issued at 411 Locals’ sole discretion, and only if requested within seventy-two (72) hours after delivery of notification of the lead to you. Credits will be considered based on the below:
LEAD IS OUTSIDE OF SERVICE AREA – If the lead came from a zip code outside of your coverage area, the lead is eligible for credit. If the zip codes in the account were not set up properly, 411 Locals will also credit the leads that fall outside of the desired area.
LEAD WAS CATEGORIZED INCORRECTLY – If the category of the lead is incorrect and is not a service provided by you, the lead is eligible for credit
LEAD WAS A DUPLICATE – If 411 Locals has already charged you for the same lead, 411 Locals will replace it with another lead.
CONTACT INFORMATION IS INCORRECT – 411 Locals will not provide a credit if the lead does not have the correct contact details
3). 411 Locals will not share your information with any businesses other than those that are affiliated with 411 Locals. You agree by these Terms of Service to waive any rights you may have under federal law or regulations with respect to limitations on telephone communications, and agree to accept communication from 411 Locals via fax, email, cellular telephone, auto-dialer, and/or SMS/text, unless you notify 411 Locals otherwise in writing. If you have any questions about these terms, please feel free to email us at: info@411locals.com. You acknowledge that the use of these Services are solely at your own risk.
4). By accepting 411 Locals’ Services and agreeing to this Agreement, you agree to indemnify and hold 411 Locals and its affiliated companies, officers, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of the leads 411 Locals has provided. This includes any content based upon information that you have submitted in written form, via e-mail, telephone, posted on the internet, orally transmitted, or made available to the public. 411 Locals shall be indemnified to the maximum extent allowed by law. 411 Locals and its other affiliated companies, any of their officers, directors or employees shall not, in any event, be liable for any direct, indirect, special, incidental or consequential damages (no matter how such damages may arise, including damages that may arise out of negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the leads or Services provided hereunder. Further, 411 Locals and its other affiliated companies, any of their officers, directors or employees shall not have any liability for any losses arising from services that are not provided, not operational, or not accessible. Many third-party search engines syndicate their content to other search providers. 411 Locals retains the right to alter (add or remove) local search providers included in this Agreement at any time and the right to store and alter the provided content prior to submission to the local search providers. 411 Locals has no control over and offers no warranty or guarantee as to how or where syndication partners may use said information. Further, 411 Locals shall have a royalty free, worldwide right and license to access, index, cache, and display the provided content. While 411 Locals will use “best efforts” to produce content that is search engine optimization (“SEO”) relevant, 411 Locals cannot guarantee the copy will be accepted by the search providers for inclusion in their index, nor what time frame is required for listings to appear. 411 Locals cannot and does not guarantee or warrant how submissions will be displayed or ranked by the local search providers.
5). The failure of 411 Locals to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by 411 Locals on its website or in respect to the Service constitutes the entire agreement and understanding between you and 411 Locals and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and 411 Locals (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against 411 Locals.
6). This Agreement and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, excluding Nevada’s conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim, dispute, or lawsuit arising out of or relating to this Agreement or your use of the Services shall be filed only in the courts of Clark County in Las Vegas, Nevada, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any portion or section of these Terms of Service is held invalid or unenforceable, that portion or section shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
