Terms and Conditions
Last updated: February 23, 2021
Please read these Terms and Conditions carefully before using our service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these terms and conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Indiana, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Click Loop LLC, 6255 Carrollton Ave, #30122 Indianapolis, IN 46220.
Service Provider (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Click Loop LLC, 6255 Carrollton Ave, #30122 Indianapolis, IN 46220.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Click Loop, accessible from HTTP://www.myclickloop.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Client means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Force Majeure
Click Loop shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
Limitation of Liability
Click Loop will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.
No Guarantees
Click Loop does not guarantee contact rates, sales, or Client success since we have no control over Client follow up or sales systems, nor any control over a lead’s response to a Client’s follow up or sales systems after we deliver a lead.
Click Loop cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.
Refunds
Click Loop guarantees that leads provided will conform to the Terms and Conditions outlined in the service agreement/contract by and between Click Loop and its client.
No refunds will be issued for leads since leads cannot be returned to us and can be utilized indefinitely. Once you have accepted a lead and seen the contact information there are no refunds.
What is not eligible for a refund:
The lead is not responding: Once a lead has been qualified, verified and vetted by our team and passed onto you, it is up to your team to craft timely, compelling and engaging outreach and follow up to engage the lead. Once the lead has passed our qualification and verification criteria it is up to you to engage them.
Change of heart: We provide all of the qualifying details and verify the user and offer this to you all prior to accepting the lead as a courtesy to ensure that you only connect with leads that are a good fit for your business.
Claiming that you are entitled to a refund without providing sufficient information as to why you are entitled to a refund is not a valid grounds for a refund.
Lead Replacement & Lead Credits
Take advantage of our fair and easy return policy that gives credit for invalid leads.
Click Loop will replace leads or issue lead credits if the leads generated contain (i) an invalid phone number unless (where such information is required to be obtained), (ii) an invalid contact name (where such information is required to be obtained), or (iii) where the lead is obviously bogus (ie: Mickey Mouse, 1600 Pennsylvania Ave. Disney, FL). Click Loop further guarantees that the information provided is not altered from how it was submitted by the customer. Leads returned for credit must be received by Click Loop within five (5) calendar days of the date they were generated or they will be deemed accepted and valid.
All leads submitted for credit are independently verified to ensure they are valid and meet the return criteria. Click Loop reserves the right to audit each disputed lead to verify the validity of the dispute.
Please allow up to 10 business days to validate a lead for credit. Credits for leads covered under the return policy are applied towards your account balance immediately and are good towards future lead purchases.
Please note that we can only credit for the reasons listed above.
Chargebacks
If we receive a chargeback or payment dispute from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done.
Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Client agrees and understands that the charges on a credit card are irrevocable, undisputable, and may not be charged back, contested, or challenged now or in the future, and that doing so is a material breach of this agreement for which Click Loop would be entitled to attorney fees, costs, and fees associated with addressing a chargeback in addition to the amount challenged.
Should Client not pay the amount submitted to Click Loop for the cost of the chargeback within 30 days after Click Loop has submitted its amount of cost due to Client contesting a charge, the charges will be turned over to a collection agency.
Click Loop shall have at its sole disposal any other legal remedy it independently chooses to pursue any collection against Client for the cost of the chargeback. Client further agrees that proof of purchase by Click Loop is all that is necessary to establish to the credit card agency or banking institution to deny a chargeback to Client.
Due Diligence
Each lead that is sent to your dashboard is guaranteed to have passed the following standards:
Intent: All direct response leads have expressed explicit intent for your company's products or services.
Qualifying Details: All leads include qualifying details including: first name, last name, email, phone number, street address, homeownership status, and monthly electricity usage.
Verified Contact Info: Before we approve a lead to be sent to you, the lead must verify that their contact info is valid and in use.
Manual Diligence & Enrichment: Click Loop manually reviews each lead after contact info has been verified to ensure that the user is who they say they are. During this diligence we also enrich the lead with additional information when possible.
Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
a. Negotiation. We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
b. Mediation/Arbitration. If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration.
c. Litigation and Choice of Law. We hate fighting, but if litigation is necessary this Agreement will be interpreted based on the laws of the United States, regardless of any conflict of law issues that may arise. The Parties agree the dispute will be resolved at a court of competent jurisdiction in the United States.
d. Legal Fees. The prevailing party, also known as the winner, will be able to recover its legal fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
Click Loop reserves the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.
Contact Us
If you have any questions about these terms and conditions, you can contact us:
By email: support@myclickloop.com