Terms Of Services
LeadFollow is Service provided by Helloalex
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using the HelloAlex Application (“Application”), or signing this agreement to Activate your HelloAlex account.
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. You are required to indicate your assent to this agreement through one or more mechanisms provided by HelloAlex activating your HelloAlex Account or Making payment or signing this document.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application. Use includes any of the products or services offered by HelloAlex Inc
These End User License Agreement (“EULA”) constitute an agreement between HelloAlex Inc., a Delaware corporation, and its subsidiaries, affiliates, agents, and/or licensors (“HelloAlex”, “we” or “us”), and the end-user customer (“Customer”, “you” or “user”) for certain HelloAlex Artificial Intelligent Chatbot Assistant, mobile applications, Telephone Marketing services, Direct Mail Marketing, Facebook Advertising, List Rental, List Creation and Digital SMART IVR Automated Voice System (the “Service” or “Services”) and that are associated with your assigned HelloAlex account. The Services include all services made available through HelloAlex’ paid account plans (“Paid Services”) and/or any limited promotional services HelloAlex may offer from time to time without charge (“Limited Promotional Services”). This EULA covers and applies to all current versions and releases of the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between HelloAlex and you with respect to the Services.
1. REGISTRATION PROCEDURES
Upon signing up for the Service and at subsequent times as requested by HelloAlex, you agree to provide true, accurate, current and complete name, contact information, and other data to HelloAlex. If you provide information that is, or that HelloAlex suspects to be, false, inaccurate, not current, or incomplete, HelloAlex has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. At all times, you shall maintain and promptly update registration data as applicable.
Upon completion of all registration information and acceptance of this HelloAlex, HelloAlex will provide you with, as applicable, a password, user ID, and/or PIN and telephone number/s. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your HelloAlex account. You shall immediately notify HelloAlex if any unauthorized use of your HelloAlex account or any other breach of security related to your HelloAlex account has occurred. In no event shall HelloAlex be liable for any unauthorized use of your HelloAlex account.
Any sub-accounts you create as part of your HelloAlex system are your responsibility and you will be billed as per the terms of service for all platform fees and credit uses.
2. CUSTOMER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this End User Agreement.
You represent and warrant that your name, user name, and contact information are true and correct.
You agree to be responsible for your use of the Services (including use of your HelloAlex account by others). You agree to authorize and pay the charges to your nominated method of payment without dispute.
You represent and warrant that you will not use or attempt to use the Services outside of the United States or Canada. If you do use services outside of United States or Canada you will be aware of the service limitations and restrictions that apply.
3. AUTHORIZED USES; PROHIBITED USES
You understand and agree to use the Service only for lawful purposes and that you shall not, at any time, use the Service for any illegal, fraudulent, improper or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Services, or damages any HelloAlex or other customer’s property. Prohibited uses include, but are not limited to, uses in connection with the following:
- Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another’s privacy.
- Sending unsolicited and/or bulk messages or advertisements, including voicemails.
- Harvesting or otherwise collecting information about others without their consent.
- Knowingly transmitting any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous.
- Creating a false Caller ID identity (“ID spoofing”) or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
- Pretending to be anyone, or any entity, you are not, including impersonating or misrepresenting yourself as another person (including a celebrity), entity, HelloAlex customer, a HelloAlex employee or agent, or a civic or government leader, or otherwise misrepresenting your affiliation with a person or entity.
- Transmitting any material that may infringe the intellectual property rights or other rights of third parties.
- Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Service.
- For our unlimited plan, using the Services for call-in lines, call centers, conference calling or other high volume or multi-person calling purposes. You further understand and agree that:
- You shall be solely liable for any transmissions sent through the Service and that HelloAlex has no control over the content of any transmission.
- You will abide by all applicable HelloAlex agreements, policies and procedures.
- You shall not attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service, through password mining or any other means.
- You shall not interfere with other customers’ or third-parties’ use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.
- Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
- You are solely responsible for all acts or omissions that occur under your HelloAlex account or password, including the content of your transmissions through the Service.
4. HelloAlex’S PROPRIETARY RIGHTS
You acknowledge and agree that any and all intellectual property rights (the “IP Rights”) associated with the Service are and shall remain the exclusive property of HelloAlex and/or its licensors. Nothing in this EULA intends to or shall transfer any IP Rights to, or to vest any IP Rights in you. You are only entitled to the limited use of the rights granted to you in this EULA. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this EULA, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that may be accessed through the Services is the property of the respective content owners and may be protected by applicable patent, copyright, or other intellectual property laws and treaties.
You may not copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of HelloAlex’ technology or software, or assist anyone in any way, who is attempting to copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of HelloAlex’ technology or software for any purpose whatsoever.
5. CHARGES, PLAN CREDITS AND CHARGEBACKS
Immediately following your acceptance you are responsible for paying all charges for your HelloAlex account. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. HelloAlex reserves the right to charge termination and transfer fees consistent with this plan’s terms and conditions
HelloAlex base plan is billed at $299 per month (every 30 days from account activation). You agree to these charges plus the credit charges for use of any of the system add-ons or enhancements that you use on demand. For the most current pricing of these enhancements review https://helloalex.io/pricing/
Access to the helloAlex platform with our fully functioning AI chatbot for your website, text message (SMS), Video Text Message (MMS), email, WeChat, Twitter and Facebook Message. Customize the Add-ons to meet the needs of your business!
All plans are month to month, no contracts cancel anytime. You pay as you go and buy the features you need for your business. Voice credits are billed in increments of 5 minutes.
If, for any reason, HelloAlex believes that you are using the plans for a Prohibited Purpose and/or your call usage violates reasonable use, then HelloAlex, in its sole discretion, may either terminate your plan or immediately modify your monthly plan and credit fees and usage billed at a per minute.
Credits are used to redeem any of the services, features within the Enhanced Marketing services. And outline of the HelloAlex Credit Charges are defined as follows. HelloAlex reserves the right to change, modify these credits without notice. For the latest credit charges and prices please review your My Plan area inside your HelloAlex account.
Credit conversion from US$ to HelloAlex Credits are converted at US$1 dollar = 100 HelloAlex Credits, therefore 0.01 credits = 1 US penny/cent. Credits do not expire and are good until redeemed by Client. Client must have an active HelloAlex account for credits to remain valid.
HelloAlex Training Materials and Resources.
HelloAlex offers training resources that include group training sessions, recordings of those live training sessions and a variety of other “training materials” that are in addition to the Digital SMART IVR Automated Voice System. These resources are available exclusively to clients participating in our paid plans.
Fraudulent or Erroneous Charges.
HelloAlex strongly encourages you to contact HelloAlex directly in cases of suspected fraud or error involving your account. In most cases, HelloAlex can correct fraudulent or erroneous charges without bank or credit card company intervention. If you suspect fraud or discover erroneous charges on your account, please contact HelloAlex customer support at 1 (302)-603-1240. When you contact customer support, please have the following information available: (a) your name, contact information, and the HelloAlex account telephone number in question, (b) the date that the account in question was created, (c) the credit card account number used to open the account, and (d) the total amount charged to the account. If you request that your bank/credit card perform a chargeback without first contacting HelloAlex and HelloAlex subsequently determines that the charges at issue are not erroneous or fraudulent, HelloAlex reserves the right to take any available legal action.
Your HelloAlex account will have a current and past ledger of all transactions and credit charges. It is your responsibility to review this to ensure it is accurate. Failure to inform of errors within thirty (30) days of the dated transaction is considered acceptance of the charge and acceptance to pay credits as charged.
6. BILLING AND PAYMENT
Any applicable initiation charges, usage, monthly recurring charges, termination and transfer charges and fees are billed in advance. Upon termination of your HelloAlex account for any reason, any unused prepayment for the current billing cycle will be forfeited.
When you sign up for our Service plan, you will provide us with a payment method, such as a valid credit card, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection fee and any other outstanding charges and disconnect your service. You will advise us of any changes to your payment method, such as credit card account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due. We may assess an additional fee of fifty dollars ($50) for any check returned for nonpayment.
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations to charges to your Account.
7. TERMINATION OR MODIFICATION OF THE SERVICES
You may cancel your use of the Services with or without cause at any time by calling HelloAlex at (302)603-1240 and submitting an email to Support@helloalex.io. HelloAlex is available to take your call and email Monday-Friday between 9:00 a.m. and 5:00 p.m. Central Standard Time. Cancellation should take place in writing, by email, and is to be dated. Your cancellation will not be considered definite until you receive a return email confirming your cancellation. The confirmation of your cancellation via email from a member of HelloAlex is your proof of definite cancellation. The customer cannot derive any rights from a verbal cancellation.
You understand and agree that HelloAlex may at any time, and without additional notice to you terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Services if:
- Your HelloAlex account is inactive for a period of 60 days or longer. Your HelloAlex Account will not be deemed inactive if, during any 60 day period, you:
- Make or receive a call or calls using your HelloAlex account; or
- Log into your HelloAlex account.
- HelloAlex determines that your use of the Services violates or has at any time violated this EULA or any other applicable agreement between you and HelloAlex.
- HelloAlex determines that such action is necessary to maintain or improve the Services, to prevent fraud or misrepresentation by affirmative acts and/or omissions, to protect other users or third parties, or for any other good cause.
- For any other reason HelloAlex would restrict access to the Services, including but not limited to compliance with requests by law enforcement or other government agencies.
Upon any termination in accordance with the foregoing, HelloAlex may immediately deactivate or delete your HelloAlex account and all related information and files in your HelloAlex Marketing Suite Account and/or bar any further access to such files, information, or the Services.
HelloAlex shall not be liable to you or any third party for any reason for terminating your use or access to the Services pursuant to this EULA.
If you or HelloAlex terminates your right to use the Services, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits.
8. REASONABLE USE
Unusually high usage of the Service attributable to individual HelloAlex accounts may impair HelloAlex’ ability to provide the Services and/or indicate misuse of the Services. Accordingly, your use of the Services is subject to reasonable use limitations. For all HelloAlex accounts, reasonable use means that your use of the Service does not materially impair HelloAlex’ ability to provide the Service to other users. For “unlimited” plans, if your use of the Service exceeds three times the average monthly usage for all other HelloAlex unlimited plans, it shall be presumed that you have used the Service for a Prohibited Purpose, unless you can satisfactorily demonstrate otherwise within 15 days. Except where prohibited by law, HelloAlex reserves the right to immediately disconnect, suspend or modify your Service if HelloAlex determines that your use of the Service violates this reasonable use policy.
9. NUMBER OWNERSHIP
You understand and agree that you are not the owner of any telephone number assigned to you by HelloAlex. You understand and agree that HelloAlex may from time to time need to change any local telephone number assigned to you (due to an area code split or for any other reason). Toll free numbers will not be changeable and will remain for your use only, while your account is active. You understand that if the number assigned to you by HelloAlex is available for reassignment, it may be reassigned upon termination of your Service. HelloAlex will not be liable for any damages (including consequential or special damages) arising out of any such reassignment. In addition, you understand and agree that HelloAlex will not be liable for the failure of any third party to port any telephone number to or from any third party service provider.
You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages.
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the HelloAlex Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the HelloAlex Services by visiting the following websites:
• Federal Trade Commission, http://www.ftc.gov
• Federal Communications Commission, http://www.fcc.gov
The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission and various state laws, rules and regulations place restrictions on certain types of SMS or MMS messages. HelloAlex is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the HelloAlex Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages.
You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the HelloAlex Services, you must consult with your attorney prior to your use of the HelloAlex Sites or Services.
10. NUMBER AVAILABILITY
HelloAlex’ HelloAlex Marketing Suite automatically assigns you a local HelloAlex telephone number from our database of telephone numbers. If you request a toll-free number additional credit charges may apply. You should not order any printed material, such as business cards or stationary, showing a HelloAlex number, or issue any press releases or otherwise publicize any HelloAlex telephone number until that number becomes active in your HelloAlex Marketing Suite Account. HelloAlex will not be liable for reimbursement for press releases, print ads, direct mail printing or postage, business cards and/or stationary, or any print materials displaying a HelloAlex number under any conditions.
HelloAlex is not obligated to store your voicemails, sent/received calls, and/or other information maintained or transmitted by the Services, and does so only as a convenience to you. You agree that HelloAlex has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/ or other information maintained or transmitted by the Services.
12. DATA OWNERSHIP
You understand that you do not own any of the data within HelloAlex as HelloAlex licenses this data to you. HelloAlex may enrich your lead or client data from time to time to provide you with more information about your leads and clients. You get access to this data while your account it active, and billing is current. This data may not be exported or exported in limited form due to the nature of how HelloAlex generates, licenses this data from other providers. If you cancel your account you surrender all data to HelloAlex to use at HelloAlex’s discretion. This data maybe provided to third parties and can be used in the process of machine learning, data algorithms, forecasting, system optimization, use of the HelloAlex platform, or part of the HelloAlex feature set.
13. WARRANTY DISCLAIMER
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND HelloAlex MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. HelloAlex MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.
HelloAlex MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, THE QUALITY OF VOICE COMMUNICATIONS.
HelloAlex MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. HelloAlex IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
HelloAlex DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND HelloAlex WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HelloAlex, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAIL TRANSMISSIONS ARE SECURE, HelloAlex MAKES NO GUARANTEES OF SECURITY.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL HelloAlex BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. HelloAlex’ TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE MONTHLY FEES HelloAlex CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless HelloAlex, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this EULA by you, and/or (4) your violation of any law or of any rights of any third party. The provisions of this section are for the benefit of HelloAlex and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this EULA from time to time upon delivery of electronic mail notice to you. Notices will be considered given and effective on the date sent to your registered electronic mail address. If you do not agree to the modifications, your only recourse is to terminate your use of the Services. The modified EULA shall supersede all previously agreed to electronic and written terms of service governing the Services, including any prior versions of this EULA. You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a routine basis, and (iii) making sure that HelloAlex communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.
18. COPYRIGHT INFRINGEMENT
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, HelloAlex reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if HelloAlex determines that a user is a repeat infringer.
19. FORCE MAJEURE
HelloAlex shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.
Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 business days following the date deposited in regular United States Mail, postage prepaid, addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Legal Department and received at our then-current address as posted on our website. Your notice must specify your name and HelloAlex account information. All notices from you to HelloAlex must be made in writing.
21. GENERAL INFORMATION
The laws of the state of Delaware, excluding its conflicts-of-laws rules, govern this EULA.
If any part of this EULA is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. The failure of HelloAlex to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
You agree not to transfer or assign this EULA or any of your rights under this EULA. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this EULA shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
The provisions of this EULA relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this EULA for any reason. The section titles in this EULA are for convenience only and have no legal or contractual effect.
22. DISPUTE RESOLUTION AND OPTIONAL ARBITRATION
You agree that any disputes between you and HelloAlex shall be adjudicated in the state and federal courts of the State of Delaware, U.S.A. Venue for all claims and disputes between you and HelloAlex shall be the county of St. Louis , State of Delaware. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction.
Some jurisdictions may place limits on dispute resolution provisions, so certain of the foregoing requirements may not apply to you.
All suggestions, ideas, notes, concepts, blog posts, and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
24: TCPA & Registration Terms.
If you choose to register on our website you hereby consent to receive autodialed and/or pre-recorded telemarketing calls and/or text messages on provided number from or on behalf of helloAlex or our associated Real Estate Clients or it’s participating lenders or affiliates; from the various telephone numbers which will always display a valid and active caller ID, or from other numbers related to or affiliated with the company, which may use an automatic telephone dialing system, an artificial or prerecorded voice or text message. Standard message and data rates may apply. You acknowledge that you may receive emails or communications with mortgage-related information. You also certify that the provided number is your actual cell phone number and not that of anyone else. Furthermore, if your cell phone number changes, we ask for prompt notice of the new number.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site HelloAlex. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, free product samples or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. TCPA & Registration Terms.If you choose to register on our website you hereby consent to receive autodialed and/or pre-recorded telemarketing calls and/or text messages on provided number from or on behalf of helloAlex or our associated Real Estate Clients or it’s participating lenders or affiliates; from the various telephone numbers which will always display a valid and active caller ID, or from other numbers related to or affiliated with the company, which may use an automatic telephone dialing system, an artificial or prerecorded voice or text message. Standard message and data rates may apply. You acknowledge that you may receive emails or communications with mortgage-related information. You also certify that the provided number is your actual cell phone number and not that of anyone else. Furthermore, if your cell phone number changes, we ask for prompt notice of the new number. If you wish to opt out of phone calls, text or emails please click this link [Opt-Out URL] Acceptance of Agreement.You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, free product samples or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Copyright.The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission. Deleting and Modification.We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement. Indemnification. You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site. Disclaimer.THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. Limits.All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site. Third-Party Website.All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk. Third-Party Products and Services.The only 3rd party that may receive your information is our mortgage partner. They will only receive your information if you select you wish a mortgage pre-approval. 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