Terms & Conditions

LeadPoint, Inc. dba SecureRights
Last Update Date: December 2022

You are visiting a website owned by LeadPoint, Inc. dba SecureRights (the "Site") ("SecureRights," "we," "our," or "us"). These terms and conditions ("Terms & Conditions" or "Agreement") explain the terms by which you may use our online services, website, mobile applications, and software provided on or in connection with the subject services or products and also govern any all communications with us via phone, email, text or otherwise (collectively the "Service"). By providing the information required by this Site, you are authorizing SecureRights to provide such information to its third party partners, including without limitation, financial institutions, lenders, sponsors, advertisers, service providers and marketers, lookup and reference services, other entities that SecureRights believes are able to provide its users with special offers and opportunities (as described further in the SecureRights Privacy Policy) (the "Partners"), who will be contacting you for marketing purposes, including product offers. By using this Site, signing up on the Site, or accessing or using the Service, you are entering into a legal agreement to abide by these Terms & Conditions, and you are deemed to have agreed that you have read and fully understand these Terms & Conditions.

These Terms & Conditions apply to all visitors, users, and others who access or use the Site or Service ("Users," or "you," or "your"). Please read these Terms & Conditions carefully. If you do not agree to them you must not use the Site or Service.

  1. USE OF THE SITE

    1. Conditions

      2. As a condition to your visit and use of the Site, you represent and warrant that:

      1. You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Site in accordance with these Terms & Conditions;

      2. All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited);

      3. You understand and agree that SecureRights may share personally identifiable information and other information provided by, and aggregated information about, you and other users with its Partners.

      4. You understand that abuse of the Site may result in your being denied access to such Site, as determined by SecureRights in its sole discretion;

      5. You understand and agree that, in addition to these Terms & Conditions, the Site will be governed by the official rules applicable to the promotion or offer, if any.

      6. You will not:

        1. Harvest, sweep, or use any other means, to collect information about users of the Site;

        2. Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Site;

        3. Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms & Conditions without the prior express written authorization of SecureRights; d. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Site content; or

        4. Except as otherwise expressly permitted on the Site, use any information you may obtain from the Site (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means. SecureRightsmay reject any registration application from any person with or without cause at its sole discretion. SecureRights reserves the right to terminate a user account in the event that such user provides false or misleading registration information or otherwise violates any term of these Terms & Conditions (as determined by SecureRights in its sole discretion). Your status as a registered user creates only a customer relationship with SecureRights and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.

    2. Compliance With Law

      1. By visiting this Site, you agree to comply with all relevant local, state, provincial, and national laws and/or regulations that may be applicable to your visitation and/or participation.

      2. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.

    3. Modifications

      4. You should check these Terms & Conditions periodically for changes, as we also reserve the right to modify them at any time. The date of the current version of these Terms & Conditions is noted above. Your use of the Site following any modifications to these Terms & Conditions shall be deemed to be your assent to any such modifications.

  2. SECURERIGHTS SERVICE

    3. SecureRights is a financial marketing and marketplace service, providing marketing services to its Partners, and product information to consumers. SecureRights is not a financial institution.

    1. Loan Products

      1. The Partners will contact you with loan information or offers. Please note that such information should not be used as the sole basis for your loan decision, and may not meet your particular needs. Please seek the advice of an appropriate professional regarding the assessment of the loan information provided as a consequence of your registration on the Site. This Site does not (nor do we) provide loans or act as a broker in connection therewith.

      2. For loan products (e.g., mortgages and personal loans), the Service enables you to request personalized, prequalified rates from Partners. Our prequalification process is intended to provide Users with preliminary information regarding potential options for a loan with one of our lender Partners. We are not a lender and do not make credit decisions. A prequalification inquiry is not an application for credit. All credit decisions are determined solely by Partners. We make no representations, warranties or guarantees about your eligibility for credit or for a particular loan.

      3. Receiving a prequalified rate does not guarantee that the related Partner will extend you an offer of credit.

      4. Prequalified rates provided by a Partner in response to a prequalification inquiry do not constitute an offer of credit. The prequalified rates are indicative rates and should be used for informational purposes only. Partners reserve the right to change or withdraw the prequalified rates at any time. All rates are subject to change.

    2. Third Party Content/Promotions, Third Party Products, and Third Party Site Activities

      3. The Site may display and make available content, promotions, advertisements, and offers provided by third parties, including the Partners ("Third Party Promotions"), as well as goods and services offered by third parties, including the Partners ("Third Party Products"). You understand and agree that we shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party sites for whom we display offers ("Third Party Site Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Site Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Site Activity will be with the applicable third party offering the Third Party Promotion, Third Party Product or Third Party Site Activity and that you shall have no remedy against us arising from your use of (or participation in), or inability to use (or participate in), any Third Party Promotion, Third Party Product or Third Party Site Activity.

    3. Information Consent

      4. We share the information you provide us with Partners, to enable the Service. For example, you may provide information for a credit application for a Partner's products or services. Your use of the Service and/or this Site may require the collection and sharing of your personal information. You authorize SecureRights to share your information with Partners in order to provide the Service.

    4. No Professional Advice

      5. Nothing provided on the Site or through the Service should be construed or interpreted as professional financial or legal advice. We are not liable to you for any advice provided to you by Partners or other third parties you may link to from our Site. We recommend that you to consult with a financial or legal professional to help you make any decisions related to the use of the Service or the products and services provided by Partners.

  3. CONSENT TO TELEPHONE CALLS, RECORDINGS AND SMS MESSAGES

    1. By using the Service you agree to receive calls and SMS messages from SecureRights and its Partners, including telemarketing calls, auto-dialed calls and texts and pre-recorded voice messages; you have the option to opt-out. Your mobile service provider may charge you for calls/messaging. The calls you make to us and the calls we make to you may be monitored and/or recorded. Your contact information will be shared with Partners.

    2. By voluntarily providing your telephone number(s) to SecureRights, you authorize us and our Partners, and their agents and representatives, to contact you using automatic telephone dialing systems, artificial or pre-recorded voice message systems and automated text messaging systems. You agree to receive such calls and text messages even if you terminate your relationship with us or our Partners, except if you opt out, as provided herein. You expressly authorize us and our Partners to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) you have supplied or will supply to us or our Partners in connection with your use of the Service, or any other phone numbers we can reasonably associate with your Account through lawful means, such as skip tracing, caller ID capture, or other means. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you. You agree that we will have no liability in connection with third parties accessing your telephone. Consent to receive promotional automated marketing calls/texts is not a condition of purchasing any goods or services or obtaining a loan. Calls or text messages to you may be made by or on behalf of SecureRights or our Partners even if your telephone number is registered on any state or federal Do Not Call list.

    3. You agree that we may share your telephone number with Partners and/or their respective agents who may require further information prior to providing a response to your submission of information through the Service or to contact you regarding a product or service. You hereby authorize Partners to contact you.

    4. You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email. You agree to indemnify, defend and hold us and our Partners harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys' fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.

    5. At any time, you may withdraw your consent to receive (1) automated telephone calls; (2) automated SMS messages, and/or (3) telemarketing calls. You must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice via email to privacy@securerights.org with "OPT-OUT" in the subject line. Alternatively, to stop marketing text messages, simply reply "STOP" to any marketing text message that we send you. You acknowledge and agree to accept a final text message confirming your opt-out. Please allow up to thirty (30) days to process any opt-out request. To stop receiving automated telephone calls, automated SMS messages and/or telemarketing calls from our Partners, you must follow their procedures on their respective websites. If you opt out of automated calls, we and our Partners reserve the right to make non-automated calls to you relating to your relationship with us. Your obligations under this section shall survive termination of this Agreement. If you have any questions about opting out, please contact us via email at privacy@securerights.org.

    6. Calls to and from SecureRights and its Partners (or third parties acting on behalf of SecureRights or its Partners) may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording unless you expressly inform the agent at the outset of the conversation that you do not want the call to be monitored or recorded.

  4. ELECTRONIC COMMUNICATIONS CONSENT

    1. You agree and consent to receive electronically all non-telephonic communications, agreements, documents, notices and disclosures (collectively, "Communications") that we or our Partners provide in connection with your use of the Service, including agreements, policies, tax and financial statements, and disclosures related to the Service or Partner products and services. We will provide these Communications to you by posting them on the SecureRights website and/or by emailing them to you at the email address as provided hereunder.

    2. You may withdraw your consent to receive Communications electronically by writing to us at privacy@securerights.org. If you fail to provide your consent or if you withdraw your consent to receive Communications electronically, SecureRights and its Partners reserve the right to either deny your use of the Service.

  5. INTELLECTUAL PROPERTY RIGHTS
    1. Intellectual Property

      1. The Site contains intellectual property owned by SecureRights and other parties. As between SecureRightsand you, SecureRights is the sole owner of the Site and all materials on or available through the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Site Content").

      2. Except as otherwise specifically provided in these Terms & Conditions, you may not download or save a copy of the Site content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Site content solely for your personal, non-commercial use or records, provided that any SecureRights or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Site content unless you first obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property. To seek our permission, you may write to SecureRights at the address provided below. Any unauthorized attempt to modify any Site content, to defeat or circumvent our security features, or to utilize this Site for other than its intended purposes is strictly prohibited.

    2. Linked Sites

      1. You may be able to link to Partners' or third parties' websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by SecureRights in any way and SecureRights is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply SecureRights endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall SecureRights be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the information, material, products or services accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. SecureRights reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links.

      2. Other sites may link to the Site only through a plain-text link. Permission must be granted by us for any other type of link. To seek our permission, you may write to SecureRights at the address provided below. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion, at any time.

    3. Submissions

      4. Any notes, postings, ideas, suggestions, concepts, or other material submitted through this Site via e-mail or any means that we may create or provide in the future will become our property throughout the world and we shall be entitled (without compensation to any party) to use such material in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us, it is original with you and accurate and does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance.

  6. PRIVACY AND SECURITY

    7. The information collected and used on the Site is governed by the SecureRights Privacy Policy. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy. In addition, you agree to have your personally identifiable information collected, used, transferred to and processed, in accordance with our Privacy Policy.

  7. INDEMNIFICATION

    1. You agree that you will be personally liable for your use of the Service, Site or Site Content, and to defend, indemnify and hold harmless SecureRights and its subsidiaries, officers, directors, agents and employees, Partners (and their officers, directors, agents and employees), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, Site or Site Content, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; or (iv) your violation of any applicable law, rule or regulation. SecureRights reserves the right but not the obligation, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

    2. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

    3. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or Site content must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

  8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    1. Except as expressly set forth herein, SecureRights is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in connection with the Site or the products or services provided on or through the Site, or by any technical or human error which may occur in the processing of information received by us. SecureRights assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Site. SecureRights is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Site or Site Content.

    2. THE SERVICE, SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USEAGE OR TRADE. YOU UNDERSTAND AND AGREE THAT NOTHING RELATED TO THE SERVICE CONSTITUTES INVESTMENT, LEGAL AND/OR OTHER PROFESSIONAL ADVICE.

      3. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SECURERIGHTS, ITS PARENT, SUBSIDIARIES, OR PARTNERS OR THEIR RESPECTIVE AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF SECURERIGHTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SECURERIGHTS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE OR $100, WHICHEVER IS GREATER.

      CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    3. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY PARTNER OR OTHER THIRD-PARTY, INCLUDING THOSE THAT ARE HYPERLINKED TO OR FROM OUR SITE OR SERVICES. SECURERIGHTS EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ASSOCIATED WITH PARTNERS' OR OTHER THIRD-PARTIES' SITES, INFORMATIONAL MATERIALS, PRODUCTS OR SERVICES INCLUDING BUT NOT LIMITED TO OFFERS, PREQUALIFIED RATES, OR QUOTES. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT, SECURERIGHTS' PRIVACY POLICY AND OTHER SECURERIGHTS TERMS AND POLICIES DO NOT APPLY TO YOUR USE OF PARTNERS' OR OTHER THIRD-PARTIES' WEBSITES. SECURERIGHTS IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A PARTNER OR OTHER THIRD-PARTY. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ALL TRANSACTIONS RELATED TO THE PRODUCTS OR SERVICES FROM OR WITH ANY PARTNER OR OTHER THIRD PARTY, INCLUDING BUT NOT LIMITED TO, PAYMENT TERMS, PURCHASE TERMS, RATES, QUOTES, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY ARE AGREED TO SOLELY BETWEEN YOU AND PARTNER OR OTHER THIRD-PARTY WHETHER OR NOT SUCH TRANSACTION WAS COMMENCED ON OUR SITE OR USING OUR SERVICE AND YOU EXPRESSLY RELIEVE SECURERIGHTS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY PARTNER OR THIRD-PARTY SITES, PRODUCTS OR SERVICES. SECURERIGHTS DOES NOT ENDORSE ANY PARTICULAR PARTNER OR OTHER THIRD-PARTY.

    4. WE DO NOT GUARANTEE THAT ANY PARTNER WILL APPROVE YOUR REQUEST FOR CREDIT, PROVIDE YOU AN OFFER OF CREDIT OR OTHERWISE PROVIDE YOU THEIR PRODUCT OR SERVICE. IF THE PARTNER DOES OFFER YOU A PRODUCT OR SERVICE, OR APPROVES YOUR REQUEST, WE DO NOT GUARANTEE THAT THE TERMS, RATES OR OFFER, IF ANY, ARE THE BEST TERMS OR LOWEST TERMS AVAILABLE IN THE MARKET OR FROM THAT PARTNER. WE ARE NOT A PARTY TO THE DEALING, CONTRACTING, OR FULFILLMENT OF ANY OF PARTNER'S PRODUCT OR SERVICES. WE ARE UNDER NO OBLIGATION TO VERIFY OR MONITOR, AND DO NOT GUARANTEE, ANY INFORMATION GIVEN TO US BY USERS, OR DISPLAYED TO YOU ON OUR SITE FROM PARTNERS OR OTHER THIRD PARTIES. ANY CORRESPONDENCE YOU HAVE WITH PARTNERS, AS WELL AS PARTNER'S TERMS OF USE, POLICIES, DISCLOSURES, PRODUCTS, SERVICES OR OTHERWISE ARE SOLELY BETWEEN YOU AND THE PARTNER AND WE ASSUME NO LIABILITY, OBLIGATION OR RESPONSIBILITY WITH RESPECT THERETO. WE DO NOT ACCEPT ANY OFFER ON YOUR BEHALF. ACCEPTING OFFERS IS SOLELY YOUR RESPONSIBILITY.

  9. LEGAL DISPUTES
    1. Dispute Resolution

      1. For any dispute with SecureRights, you agree to first contact us at privacy@securerights.org and attempt to resolve the dispute with us informally. If we are unable to resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any SecureRights claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights.

    2. Prohibition of Class Actions

      1. YOU AND SECURERIGHTS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND SECURERIGHTS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    3. Arbitration Procedures

      1. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable). The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

      2. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to SecureRights should be sent to LeadPoint, Inc. dba SecureRights, Attn: Legal, Re: Notice of Dispute, 5717 Legacy Drive, Suite 250, Plano, TX 75024. SecureRights will send any Notice to you to the physical address we have on file associated with your use of the Site or Service; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

    4. Waiver of Jury Trial and Class Action

      1. YOU AND WE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERAL ARBITRATION ACT).

    5. Judicial Forum

      1. You agree that the laws of California, excluding its conflicts-of-law rules, shall govern your use of the Site, the Site Content, and these Terms & Conditions. Your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that any dispute and/or claim arising out of or in connection with your use of and/or inability to use the Site and/or Site Content shall be heard in the County of Los Angeles, State of California. You hereby knowingly, voluntarily, and intentionally waive, to the fullest extent permitted by applicable law, the right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

      2. Unless you and SecureRights agree otherwise, in the event that the arbitration terms herein are found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and SecureRights must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and SecureRights agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

  10. GENERAL

    11. All of these Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms & Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate these Terms & Conditions and/or to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.

  11. CONTACT

    12. To contact us with questions or suggestions about the service please email us at privacy@securerights.org, or send all physical mail to:

    LeadPoint, Inc. dba SecureRights
    5717 Legacy Drive, Suite 250
    Plano, TX 75024
 
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