Universal Terms of Service

Use of my +plus leads products, applications, software, services, and web portals (referred as “Services” in this document and excluding any services provided to you by my +plus leads under any separate written agreement) is subject to the terms of a legal agreement between you and my +plus leads. my +plus leads principal place of business is located in Austin, TX, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Accepting the Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:

  • clicking to accept or agree to the Terms, where this option is made available to you by my +plus leads in the user interface for any Service; or
  • by actually using the Services. In this case, you understand and agree that my +plus leads will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with my plus leads, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Provisions of Service

my +plus leads is constantly evolving in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which my +plus leads provides may change without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that my +plus leads may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at my +plus leads sole discretion, without prior notice to you.

You acknowledge and agree that while my +plus leads may not currently have set a fixed maximum limit on the number of transactions or transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed maximum limits may be set by my +plus leads at any time, at my +plus leads discretion.

Use of Services by you

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to my +plus leads will always be accurate, correct and up to date.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by my +plus leads, unless you have been specifically allowed to do so in a separate agreement with my +plus leads. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

Unless you have been specifically permitted to do so in a separate agreement with my +plus leads, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that my +plus leads has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which my +plus leads may suffer) of any such breach.

Privacy

For more information on our privacy policy please visit http://myplusleads.com/privacy.

You agree to use of your data in accordance with our Privacy Policy.

Content

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the parties who provide that Content to my +plus leads (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by my +plus leads or by the owners of that Content, in a separate agreement.

Proprietary rights

You acknowledge and agree that my +plus leads (or my +plus leads licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by my +plus leads and that you shall not disclose such information without my +plus leads prior written consent.

Unless you have agreed otherwise in writing with my +plus leads, nothing in the Terms gives you a right to use any of my +plus leads trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

Unless you have been expressly authorized to do so in writing by my +plus leads, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

License from my +plus leads

my +plus leads gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by my +plus leads as part of the Services provided to you by my +plus leads (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by my +plus leads, in the manner permitted by the Terms.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by my +plus leads, in writing.

Unless my +plus leads has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

Unless my +plus leads has given you specific written permission to do so you may not share your login with multiple parties or partners. my +plus leads reserves the rights to suspend or terminate users service at any time if it is determined that user has violated the terms of service. You agree that my +plus leads has sole discretion to determine when the terms have been violated.

Each individual user will be issued a unique username and password. Sharing of credentials is strictly prohibited and will result in immediate termination of user’s account without refund.

Termination of Services with my +plus leads

Terms will be applied until service is ended by either you or my +plus leads as set out below:

If you want to terminate your legal agreement with my +plus leads, you may do so by (a) notifying my +plus leads (b) closing your accounts for all of the Services which you use, where my +plus leads has made this option available to you. Your notice should be sent, in writing, to my +plus leads’s address available on our website, http://portalhelp.myplusleads.com. You may also email (support@myplusleads.com) such notice, provided however that such email notice is not deemed received until you receive a confirmation of receipt from my +plus leads.

https://plusleads.freshdesk.com/support/solutions/articles/24000026534-how-do-i-cancel-my-account-

my +plus leads may terminate service at any time if the Terms of any provision put forth in Terms has been violated or if you are unable to comply with any provisions of the Terms. Additionally, service may be terminated if required by law or if a partner of my +plus leads has terminated it’s relationships with my +plus leads or ceased to offer the Services. my +plus leads may also terminate service if in our opinion the service is no longer commercially viable.

Billing

Usage of my +plus leads products and services constitutes your acceptance of my +plus leads’s billing policy. All accounts are setup on a prepaid basis. Before service is activated/provided, my +plus leads must receive payment.

my +plus leads accepts payments by credit or debit card. You are required to keep a valid credit or debit card on file for all recurring monthly subscription fees and all additional charges related to provided services. Subscription billing is based upon availability of products and services and not on usage.

Invoices are generated and collected at the beginning of your billing cycle. Service fees collected will not be pro-rated or refunded unless covered by our Refund Policy

By signing up for any services provided by my +plus leads and providing either credit card or debit card, the user consents to the subsequent recurring billing for services provided by my +plus leads. Recurring billing will continue until terminated by either party as set forth in Terms. Billing may be processed and displayed on users credit card statement as my +plus leads.

my +plus leads services may be made available without billing during a set evaluation period. The account must be cancelled in writing prior to the end of the evaluation period or it will automatically be converted into a paid subscription. Evaluation or trial periods are only available to new subscribers. my +plus leads reserves the right to immediately terminate accounts which are created by users who have previously used the service. my +plus also reserves the right to collect any past due balances upon the creation of a new account.

Exclusion of Warranties

Nothing in these terms shall exclude or limit my +plus leads warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available”.

In particular, my +plus leads or its subsidiaries and affiliates do not represent or warrant to you that your use of the services will meet your requirements. Namely, my +plus leads or its subsidiaries and affiliates do not represent or warrant your use of the services will be uninterrupted, timely, secure or free from error. my +plus leads or its subsidiaries and affiliates do not represent or warrant that any information obtained by you as a result of your use of the services will be accurate or reliable. my +plus leads or its subsidiaries and affiliates do not represent or warrant that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from my +plus leads or through or from the services shall create any warranty not expressly stated in the Terms.

my +plus leads further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Data Retention

Data will be retained in the users account for at least 90 days. After 90 days my +plus leads reserves the rights to remove data as needed to ensure a positive user experience.

TCPA Compliance

By using my +plus leads services, you agree that your use complies with the Telephone Consumer Protection Act (“TCPA”), Telemarketing Sales Rule (“TSR”), and state law regarding “do-not-call” lists and calls to cell phones. With respect to any Proceeding brought by someone other than the Purchases that arises out of Purchaser’s use, the Purchaser shall indemnify my +plus leads and its indemnities against all Indemnifiable Losses arising out of that Proceeding, except to the extent that my +plus leads exclusively and intentionally caused those Indemnifiable Losses.

Do Not Call List

Individuals who have registered their phone number on the DNC Registry are not to be contacted for solicitation purposes. Subscribers must comply with the National DNC registry and their state DNC rules.

my +plus leads will check the DNC status of every phone number provided to a subscriber. If the phone number is on the federal DNC, my +plus leads will indicate as such. If my +plus leads receives a complaint or report from a consumer to block their phone number, my +plus leads will comply by permanently doing so.

A brokerage should maintain a company specific DNC list. If your calls are exempt and are allowed to persons on a DNC list, you must honor “company specific” “do-not-call” requests from consumers to not be contacted by your business again. Any form of such a request is valid, thus you cannot require a consumer to submit a “do-not-call” request in writing, via email, etc.

Federal law requires you have a “do-not-call” policy available “upon demand”. It is important to train your representatives in that policy, keep records of that training and compliance efforts.

Consult your attorney to implement proper compliance measures.

Updated: November 2021