Subject to the terms and conditions ("Terms" or “Terms and Conditions”) of this agreement (“Agreement”), you are granted a limited, nonexclusive license to use Pioneer services ("Pioneer Service" or “Service”) and access the data, list, information and/or leads. For this Agreement, Pioneer shall mean the company and its parent corporate owner. The following Terms and Conditions govern the use of the Pioneer Service and the data, list, information and/or leads. By visiting Pioneer, accessing the data, list, information and/or leads. or using the Service, you expressly agree to be bound by these Terms.

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Confidentiality; Compliance with Laws.

Client agrees to maintain the privacy and confidentiality of all data, list, information and/or leads. received by Client. Client also agrees to comply with all laws, regulations, rules, and ethical and professional standards (collectively, "Laws") applicable to Client, Client's Licenses (as hereinafter defined) or Client's business.

 

Clients certify that client is properly licensed or otherwise authorized to conduct business in the state(s) for which client has entered. Client understands that ANY and ALL data, list, information and/or leads. are to be used for the SOLE purpose of personal use AND that these data, list, information and/or leads SHALL NOT be resold or re-distributed to others outside of the company which is purchasing the leads or data. The leads AND ALL of the information contained therein SHALL remain the sole property of PIONEER and CANNOT be used for any other purpose without our explicit written permission. Client/purchaser agrees to comply with any and all federal and state do not call regulations and laws. To read the complete terms and conditions in regard to the DNC. (D) Client must provide a copy of direct mail piece, email, text and or calling script and must be approved by PIONEER prior to using. PIONEER shall not be held responsible for text, language or techniques of client's mailings.

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LEAD, LIST, DATA WARNING: Use of purchased leads, lists, data is solely at your own risk. Pioneer makes no guarantees, expressed or implied, as to the accuracy of purchased leads, lists, data. Pioneer is not a credit reporting agency as defined by the Fair Credit Reporting Act (FCRA) and the purchased leads, lists, data are not consumer reports as defined by the FCRA. Information appearing on purchased leads, lists, data may not be used for any FCRA regulated purpose including determining a consumer's eligibility for credit, insurance, employment or housing. These results shall not be relied upon for any (Telephone Consumer Protection Act) TCPA regulated purpose including making auto-dialed calls or sending commercial text messages.

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TCPA AND DNC WARNING: Pioneer does not offer legal advice about the TCPA or DNC list, nor offers protection against claims of violations against the respective laws. Please consult your attorney to make sure your phone calls and text messages are compliant with the TCPA, DNC list and any similar state laws.

Advertising and Telemarketing Calls and Texts regarding "opt-in" Leads

Purchaser agrees no to conduct calls and texts sent using an automatic telephone dialing system or made using a prerecorded or artificial voice if a robocall or robotext includes or introduces an advertisement or constitutes telemarketing. Per the TCPA ammended rules (47 C.F.R. Sec. 64.1200(f))

 

FOR ALL DNC MANAGER SCRUBBING ORDERS

Scrubbing services are performed by an independent vendor of PIONEER. PIONEER makes no representation or warranty regarding the accuracy of the scrubbing service in the event the scrubbing service provided to is inaccurate or incomplete.

 

Termination of Agreement.

PIONEER may cancel this agreement at any time, with cause, by written notice to the other party. We reserve the right to refuse service. Pioneer reserves the right to deny access to any user or group of users to the Pioneer Service, at its sole discretion, at any time, and for any reason or no reason. Pioneer reserves the right to remove any lists, data, leads from the Pioneer database at any time and for any or no reason.

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Information

PIONEER takes reasonable care in providing this information. However, we do not assume any liability for the correctness of data, list, information and/or leads from which it is compiled, nor warrant the comprehensiveness, completeness, accuracy, number of times distributed, date generated or adequacy for any purpose or particular use of this information. PIONEER reserves the right to provide client with any lead available in the licensed area to fulfill the agreement. Every effort will be made to provide the most desirable leads. PIONEER acts solely as a "re-seller" of data, list, information and/or leads. and any actual liability would rest with the original source. All data, list, information and/or leads PROVIDED IS MODELED AND ESTIMATED INFORMATION. PIONEER does not sell or provide sensitive credit information. Client shall not use text, language or marketing techniques referencing credit or information that could be construed as sensitive credit information. (B) PIONEER reserves the right to use e-mails, voicemails, verbal conversations or any correspondence between PIONEER and a potential client or existing client to promote our products and services. You agree and consent to have your correspondence posted on our web site, sent in an e-mail or given by phone as a reference which could but not be limited to your name, company name, e-mail or phone number for prospective clients of PIONEER to contact you as a reference. Client agrees to receive text messages, including special offers and notifications. If you do not want to be listed as a reference or would like to have your information removed from our database or want your information kept private. Please submit to us in writing stating this.

 

Your use of the data, list, information and/or leads. will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email, facsimile marketing and customer solicitation.

 

Your use of any United States email will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry Laws. 

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Limitations on Use.

Unless specifically authorized in advance and in writing by Pioneer, you will not share, sell, transfer or otherwise make the lists, data, leads available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity. 

 

You will not use the lists, data, leads for consumer credit purposes, underwriting any form of consumer insurance, employment purposes, tenant screening purposes consumer debt collections or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. §1681, et seq.) or for any other purpose not expressly authorized by the Agreement.

 

Without written permission, you shall not duplicate, download, publish, modify, create derivative or otherwise distribute the lists, data, leads derived from the service for any commercial use, or for any purpose other than as described in these terms. 

 

You shall not use the service or lists, data, leads in any manner that harasses, invades the privacy or harms a person in any way.

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You understand and acknowledge that Pioneer does not test or screen the lists, data, leads, and Pioneer makes no representation or warranty as to the accuracy or completeness of the lists, data, leads. Your use of any lists, data, leads is at your sole risk, and you are fully responsible for the use of all lists, data, leads that is provided to you.

 

Violation of the Terms.

You agree that monetary damages may not provide a sufficient remedy to Pioneer for violations of these Terms of use and you consent to injunctive or other equitable relief for such violations. 

 

Do Not Call Compliance.

In the event that Pioneer provides a telephone number, you acknowledge that Pioneer has not processed data, list, information and/or leads. against the National Do Not Call Registry, State Phone Suppression files and DMA Phone Suppression files, the "Telephone Number Suppression files". By using the Service, you acknowledge that some of the individuals provided by Pioneer may have placed their telephone numbers on telephone number suppression files. You also acknowledge that you will either obtain access to the telephone number suppression files, or if you do not obtain access to telephone number suppression files, you will only make calls for purposes permitted by law.

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Disclaimer of Warranties.

Pioneer DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY DATA, SEARCH, OR LINK ON IT, OR THAT THE INFORMATION ON THE SERVICE IS COMPLETE OR ACCURATE. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SERVICE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION ON THE SERVICE. THE SERVICE AND ITS DATA ARE DELIVERED ON AN "AS-IS" AND "AS- AVAILABLE" BASIS. THE COMPANY CANNOT ENSURE THAT data, list, information and/or leads WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE OR THE DATA, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

 

Pioneer disclaims any and all liability for the acts, omissions, and conduct of any third-party users, the Service users, advertisers, and/or sponsors on the Service, in connection with the Service, or otherwise related to your use of the Service. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Service.

 

Limitation of Liability.

Pioneer will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use or misuse of the data, list, information and/or leads. or any alleged or actual failure by Pioneer to comply with the Terms of the Agreement, whether or not any such damages were foreseeable or whether Pioneer was advised of the possibility of such damages. Pioneer’s maximum liability will not exceed the amount you paid Pioneer under the Agreement within the 12 months preceding the event that gave rise to Pioneer’s liability.

 

No Assignment by You.

You may not assign your rights or obligations under this Agreement to any other person or entity without the prior written consent of Pioneer, whether by operation of law or otherwise, and any attempt to do so shall be void.

 

Additional Remedy of Termination.

In addition to all other legal rights and remedies available to Pioneer for any apparent, threatened or actual breach or violation of the Agreement by you, Pioneer has the right to terminate the Agreement and demand immediate return or destruction of any and all data, list, information and/or leads. at any time if Pioneer believes you are not complying in full of the Agreement.

 

Governing Law; Jurisdiction.

This Agreement shall be governed by and construed under the Laws of the State of Idaho without regard for the principles of conflicts of Law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in Kootenai County, Idaho and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.

 

Entire Agreement; Amendment or Waiver.

This Agreement contains the entire understanding between you and Pioneer and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Pioneer. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.

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Refunds.

Eligibility. The outcome of your lead program is not guaranteed. There are no monetary refunds. If paying by credit card, you further agree to waive your right to "charge back," dispute this transaction with your credit card company, and agree to our replacement policy. If the CRM setup has been completed and the customer cancels the account before completion, a $495 set-up fee will be charged to the customer's account.

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PIONEER Satisfaction Guarantee
If we are unable to resolve your issue in regard to our products/services and you are not satisfied with our product/service PIONEER will give you full credit toward any other product/service that we offer. Client has 90 days from purchase date to claim credit. PIONEER reserves the right to attempt to resolve your issue and may request additional information to determine the best course of action

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Client Indemnification

Client agrees to indemnify, defend and hold PIONEER harmless from and against any claim, liability, cost, loss, demand, damage, judgment or award (including but not limited to (a) court costs and (b) attorney and expert witness fees and costs for counsel and experts chosen and directed by PIONEER arising from or in connection with any third parties products and services including, but not limited to data, list, information and/or leads not generated or compiled by PIONEER and (a) any false statement in any of Client's representation or warranties contained in this Agreement or (b) any breach by Client of any of Client's covenants and agreements contained in this agreement, including but not limited to Client's agreements regarding Confidential Information and regarding Client's ongoing compliance with Licenses, Laws and Professional Standards. You agree that any legal action or proceeding between PIONEER and you for any purpose concerning this Agreement or the parties' obligations here under shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Idaho. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PIONEER failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PIONEER may assign its rights and duties under this Agreement to any party at any time without notice to you. Any and all damages will be limited to the purchase price of data, list, information and/or leads.

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Publicity and Marketing Restrictions. Customer may not use or disclose the name of PIONEER. or any of PIONEER's trade names, trademarks or service marks, or intellectual property for any purpose as the identification of the source or reference of Customer's data or services or for any other purpose of Customer without the prior written consent of PIONEER.

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Entire Agreement

This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.

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Independent Counsel

You're establishing of an account opening of any attachments containing leads via e-mail and/or your use of the PIONEER Website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement. 

 

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PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.