LeadStore.com, Inc./DFILive.com Service Subscription Agreement

Your Acceptance Of This Service Subscription Agreement Is Required. See Section 1 below. If you do not agree to be bound by these Terms and Conditions, do not complete the sign up process.

LeadStore.com, Inc./DFILive.com, a business that specializes in Internet services, including but not limited to online marketing and prospecting, is, upon your acceptance of and your agreeing to be bound by the Terms and Conditions of this Service Subscription Agreement (this “Agreement”), willing to provide to you (“account holder” “client” “subscriber”) certain online marketing and prospecting services. The services may (but are not guaranteed to) include the LeadStore.com, Inc./DFILive.com prospecting system and leads that have agreed to receive information regarding starting a business.

1. Acceptance - This Agreement is in effect when it has been received and accepted at the offices of LeadStore.com, Inc./DFILive.com in Laguna Hills, CA. Electronic delivery by means of your completing this sign up process fulfills this requirement. By completing the sign up process you are accepting and agreeing to be bound by the Terms and Conditions of this Agreement. If you are not willing to be bound by the Terms and Conditions of this Agreement, do not complete the sign up process and refrain from accessing or using the LeadStore.com, Inc./DFILive.com services or products.

2. Use of the service
In order to access or otherwise use the products or services offered or otherwise made available hereunder, you must agree to abide by all of the Terms and Conditions contained herein.  This Agreement is your entire agreement with LeadStore.com, Inc./DFILive.com and governs your use of the Service. There may be additional Terms and Conditions if you use affiliate services, other LeadStore.com, Inc./DFILive.com services or products or third-party software and/or services. To access the LeadStore.com, Inc./DFILive.com service you must accept the terms of this Agreement and comply by them. You assume sole responsibility for your use of the Service, the Software (as defined below) and the Content (as defined below) in connection with your account.  This service is intended for those 18 years or older.  If you are not over 18, you must obtain consent and supervision from your parent or legal guardian over your use of the LeadStore System’s system.

3. Relationship of Parties:
Both client and LeadStore.com, Inc./DFILive.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on LeadStore.com, Inc./DFILive.com’s behalf. You will not make any statement, whether on your LeadStore.com, Inc./DFILive.com Replicated Web Site or otherwise, that reasonably would contradict anything in this Agreement.

4. Limited License:
LeadStore.com, Inc./DFILive.com grants to you a personal, non-transferable, non-assignable, non-sub-licensable, non-exclusive license to participate in the Service for individual personal use only.   As part of the Service, you will have access to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services posted onto the Service by LeadStore.com, Inc./DFILive.com .

All other use of the Content, including but not limited to, modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Web site, mirroring the Service, or in any other way exploiting any of the Content, in whole or in part, is prohibited without first obtaining LeadStore.com, Inc./DFILive.com's written consent. All rights not expressly granted to you under the limited license set forth above are reserved to LeadStore.com, Inc./DFILive.com.
All features of the LeadStore.com, Inc./DFILive.com product/service are constantly being evaluated and from time to time are upgraded in an ongoing effort to provide our customers with performance driven products/services. This may result in the addition of new services, a change in procedure or action of existing services or the removal of any currently active system feature. These changes may be implemented at any time without prior notice or warning. LeadStore.com, Inc./DFILive.com shall not be held liable for any actual or perceived damages allegedly stemming from the implementation or failure to implement any of these System changes.

5. Indemnification; Limit of Liability:
You agree to indemnify and hold harmless LeadStore.com, Inc./DFILive.com and any and all directors, officers, employees, agents and subsidiaries thereof from any and all damages, liabilities, losses, costs and expenses, including attorney's fees, which resulted from or are related to your use of the Service, or any conflict that should or could arise from the clients breach of the terms of this Agreement or your breach of the acceptable use policy set forth in this Agreement. IN NO EVENT SHALL LEADSTORE.COM, INC./DFILive.com BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY CLAIM THAT ARISES FROM OR RELATES IN ANY WAY TO THIS AGREEMENT OR USE OF THE SERVICES, SOFTWARE, OR CONTENT (“DELIVERABLES”), REGARDLESS OF THE FORM OF ACTION ALLEGED, EVEN IF LEADSTORE.COM, INC./DFILive.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY OF ANY KIND.  IF LEADSTORE.COM, INC./DFILive.com SHALL BE LIABLE TO YOU, THEN IN NO EVENT AND REGARDLESS OF THE FORM OF ACTION ALLEGED, SHALL YOU BE ENTITLED TO ANY MONETARY DAMAGES AGAINST LEADSTORE.COM, INC./DFILive.com IN EXCESS OF THE FEES YOU PAID TO LEADSTORE.COM, INC./DFILive.com FOR THE DELIVERABLES. You understand that the applicable fees reflect the allocation of risk set forth in this Agreement and that LeadStore.com, Inc./DFILive.com would not have made the Deliverables available for your use or access without the limitations of liability set forth in this Agreement.

THE DELIVERABLES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE DELIVERABLES, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. LEADSTORE.COM, INC./DFILive.com DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF DELIVERABLES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT LEADSTORE.COM, INC./DFILive.com WILL BE ABLE TO CORRECT ALL DEFECTS IN THE DELIVERABLES. LEADSTORE.COM, INC./DFILive.com EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN.

6. Privacy Policy:
LeadStore.com, Inc./DFILive.com may collect, store, compile and utilize information about you and your use of the Service. However, LeadStore.com, Inc./DFILive.com will not provide any information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, and marketing organizations.

7.  Account Holder Requirements:
You must register for LeadStore.com, Inc./DFILive.com service using your first and last name. LeadStore.com, Inc./DFILive.com prohibits using only the name of a company or organization. During registration, you may be asked to provide a name, number, or combination that you wish to use as your login username. If the login username you request is not available you will be asked to supply another login username. You may also be asked to provide a password for security purposes on your LeadStore.com, Inc./DFILive.com service, which can be any word, number, or combination, with at least 6 characters, not to exceed 12 characters. We reserve the right to verify the accuracy of the information you submit in connection with your registration for LeadStore.com, Inc./DFILive.com service (including, without limitation, performing cross tabulations with external databases) and you hereby consent to LeadStore.com, Inc./DFILive.com verification of such information
You agree that LeadStore.com, Inc./DFILive.com may rely on any data, notice, instruction or request furnished to LeadStore.com, Inc./DFILive.com by you, which is reasonably believed by LeadStore.com, Inc./DFILive.com to be genuine and to have been sent or presented by a person reasonably believed by LeadStore.com, Inc./DFILive.com to be authorized to act on your behalf.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree not to provide false or misleading information on the Service sign up form. This includes, but is not limited to providing false name or e-mail address.

8. Payments, Termination and Cancellation:
LeadStore.com, Inc./DFILive.com also reserves the right at any time to charge fees for access to the Service or the Service as a whole. In the event that LeadStore.com, Inc./DFILive.com so elects, it shall post a notice at an appropriate location on LeadStore.com, Inc./DFILive.com's Web site.

COASTAL VACATIONS AND/OR DFI REGULATIONS AND POLICIES

The DFI Website is an online marketplace where you can purchase products and/or services, as well as manage your own at home business. You acknowledge that you will abide at all times by the written policies and/or procedures of both Coastal Vacations, LeadStore, Inc. (“LeadStore”) and DFI. Such written policies and procedures may be found on this website, on manuals provided to you upon becoming a director, or upon the Coastal Vacation’s website. You further acknowledge that DFI has the exclusive and absolute right to immediately terminate your privileges on the website upon DFI’s good faith belief that you are in breach of your obligations under the above-referenced regulations and/or policies. An internal investigation, to be conducted solely at the discretion and control of DFI, will be performed once suspension/revocation of your rights has occurred, and you will be notified in writing of a final decision within 60 days of suspension/revocation of your rights.

LIMITATION OF LIABILITY

In no event will DFI be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this Agreement or your use of the service, even if DFI has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (i) breach of contract; (ii) breach of warranty; (iii) strict liability; (iv) tort; (v) negligence; or (vi) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the service, you do not agree with any part of this agreement, or have any other dispute or claim with or against DFI with respect this agreement or the service, then your sole and exclusive remedy is to discontinue using the service.

TERMINATION

As was stated above, you agree that DFI may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Service (or any part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in DFI’s sole discretion and that DFI shall not be liable to you or any third party for any termination or access to the Service.

If you order the LeadStore.com, Inc./DFILive.com, or purchase any other type of account or additional fee-based service from LeadStore.com, Inc./DFILive.com, you authorize LeadStore.com, Inc./DFILive.com to utilize its merchant account provider to charge your account provided during the purchase/enrollment process. You authorize LeadStore.com, Inc./DFILive.com to charge your account a monthly subscription fee.

It is your responsibility to keep your payment information accurate and current with LeadStore.com, Inc./DFILive.com. If a monthly payment cannot be processed, you will be given a minimum of 6 business days notice to rectify the situation and make the payment. Failure to rectify the situation within 6 business days will lead to a cancellation of the account as described below.

LeadStore.com, Inc./DFILive.com may issue a full refund of first month's payment if you contact LeadStore.com, Inc./DFILive.com directly with a specific request for cancellation and refund including the justification for the refund. No refunds are allowed for any signup fee that includes the shipment of physical goods. No refunds are allowed for the payment of any annual fee. If you have concerns about the use of the system, you must signup with the monthly fee option. Should LeadStore.com, Inc./DFILive.com be compelled to make a refund outside of these conditions, the refund will not include a refund for the cost of physical goods delivered. In addition, if LeadStore.com, Inc./DFILive.com is compelled to make a refund for an annual payment, then the refund will be prorated to deduct the highest monthly fee paid by any customer for the months in which the annual service was used.

The Term of this Agreement shall begin upon acceptance of its terms by you subscribing to the Service, and shall continue until terminated. You may terminate your Account at any time by calling LeadStore.com, Inc./DFILive.com's Billing Department at (866) 985-3237, by e-mailing us at  support@DFILive.com, or from our customer support help desk under “support” tab in your back office.  You are responsible for contacting LeadStore.com, Inc./DFILive.com to confirm that your account has been canceled as requested. You are responsible for any charges incurred during the current month of service or to third-party vendors or content providers prior to your cancellation. You acknowledge that LeadStore.com, Inc./DFILive.com reserves the right to collect any and all past due fees associated with your account from the date your service was established through the date of termination. LeadStore.com, Inc./DFILive.com may terminate this Agreement by contacting you at the contact number provided by you for your Account.

9. LeadStore.com, Inc./DFILive.com ACCEPTABLE USE POLICY:
The privacy laws of the State of California and Federal Government of the United States will combine with the following provisions to form the acceptable use policy of LeadStore.com, Inc./DFILive.com. We recognize the rights of individuals to use the Internet as a marketing tool, and the right of free speech as prescribed in the first amendment to the Constitution of the United States. We also wish to respect the rights of individuals to privacy. Therefore, the following restrictions shall apply:

10. BULK E-MAILING/SPAMMING:
LeadStore.com, Inc./DFILive.com has a ZERO TOLERANCE Spam policy. Anyone spamming with the LeadStore.com, Inc./DFILive.com name (in any way) or referring to any of our web sites shall have their Account immediately terminated.
All account holders are strictly prohibited from sending commercial e-mail that has not been specifically requested by the recipient. Account holders may not send, or have sent for them, unsolicited commercial e-mail through another service that in any way refers to a domain or account on any server used by LeadStore.com, Inc./DFILive.com. Involvement in "spamming" will result in immediate subscription termination and a $500 cleanup fee per incident.
If a recipient of e-mail from your system contacts you by any means and requests to be removed from any further contact from you, you must comply by stopping the mailing within 24 hours. To do so, log into your Back Office, search for the contact under the “contact” tab, and then select ‘unsubscribe’ the contact.
If the client violates this policy and it causes damage or loss to our servers, or causes one (or more) of our web sites to be interrupted from normal service, the client will be held liable for damages and loss of business.
Spam/spamming definition:
Sending any e-mail with the LeadStore.com, Inc./DFILive.com name, or any of our web site addresses to anyone that has:

1)       Not requested this information from you first.
2)       Been a lead, but not requested information.
3)       Been created from some FFA site or classified ad as a thank you/confirmation letter.
4)       Not requested to be invited via Instant Message via any Instant Message chat service or chat room with the LeadStore.com, Inc./DFILive.com name, any of our web site addresses or e-mail addresses using manual or automated means.
5)       Been contacted through faxing or fax blasting that has not requested information first.
6)       Been created from posting information on a website where you are not to post information to solicit leads.
Use of ANY account in a manner not specifically authorized by LeadStore.com, Inc./DFILive.com is a misappropriation of our intellectual property and will be treated as such.  This includes, but is not limited to Adult material, offensive material, illegal material, and discriminatory material.

11. THEFT OF SERVICES AND MISAPPROPRIATION:
No LeadStore.com, Inc./DFILive.com customer may promote any LeadStore.com, Inc./DFILive.com product or service that the customer has no legal right or entitlement to use, nor may the customer refer to a LeadStore.com, Inc./DFILive.com e-mail account, domain name, or web space in this manner. Violators will be immediately terminated without refund, and all information requested by another company or legal authorities in such a matter will promptly turned over to aid in the prosecution or punishment of such acts.

12. Force Majeure:
Limitations of LeadStore.com, Inc./DFILive.com - As in any business, there are circumstances beyond the control of the parties which may cause a product or service to be delayed or stopped from being delivered or which may cause a service or function not to be able to perform. LeadStore.com, Inc./DFILive.com cannot be held responsible for system problems, timely repairs or deliveries, and on-line performance. Furthermore, hackers sometimes deliver such illegal devices as mail bombs, virus attacks, pings, and various other acts of Electronic Terrorism that may cause a temporary delay or slowdown while the system is reprogrammed. While LeadStore.com, Inc./DFILive.com works to guard against such attacks, occasional slowdowns on the system will occur, and no guaranteed level of performance on a day-to-day basis is possible for individual accounts.

13. Title To Services:
This Agreement is personal to you. You may not assign this Agreement, in part or in it's entirety, or any ordered service relating to this contract to any other party without the written consent of LeadStore.com, Inc./DFILive.com and any attempt to do so in contravention of the foregoing shall be void.

14. Submitting/Importing Information:
You represent to LeadStore.com, Inc./DFILive.com that any and all emails you upload into the system are Opt in and have specifically requested information regarding your opportunity. You also represent than any content you upload to the Service is solely owned by you or provided by you with the express authority of the owners, does not infringe upon any other individual's or organization's rights (including, without limitation, copyright, trademark or intellectual property rights).

By submitting Content, Data or Leads to any "Public Area" (e.g. public chat rooms, bulletin boards, auto responder, etc.) you automatically grant to LeadStore.com, Inc./DFILive.com a royalty-free, fully paid, perpetual, irrevocable, non-exclusive right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content, Data, or Leads (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content.

By submitting, purchasing, or importing Leads into the LeadStore.com, Inc./DFILive.com, you acknowledge and agree that you will only have a 30 day exclusive right to use that lead.  After 30 days, if someone else submits or imports an identical lead, the LeadStore.com, Inc./DFILive.com will allow that individual to do so.  You also agree that if you cease to be a Member [define?] of the LeadStore.com, Inc./DFILive.com, you lose all rights and exclusivity to any lead that was imported into the LeadStore.com, Inc./DFILive.com by you.  LeadStore.com, Inc./DFILive.com may sell, delete, modify, edit or remove said leads from the LeadStore.com, Inc./DFILive.com.
Although LeadStore.com, Inc./DFILive.com provides some encryption to protect certain personal information which is transmitted, you understand that your uploads and transmissions may be intercepted and used, and that all the risk associated therewith is solely yours. You shall not upload to, or distribute or otherwise publish through the Service any Content, which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. As LeadStore.com, Inc./DFILive.com does not and cannot review every message posted or emailed by you, you shall remain solely responsible for the content of your messages.

LeadStore.com, Inc./DFILive.com reserves the right to disclose information about sales and usage generated by the Service in forms that do not reveal your personal identity.

15. Legal Recourse and Jurisdiction:
In the event of a breach of this Agreement by you, LeadStore.com, Inc./DFILive.com reserves the right to initiate legal proceedings against you for damages as a result of said breach. You shall be responsible for any and all costs associated with legal proceedings arising out of said breach, including but not limited to reasonable attorney fees.
The parties further agree that LeadStore.com, Inc./DFILive.com shall have as additional remedies available, the right to submit the conflict to binding arbitration and you agree that in the event LeadStore.com, Inc./DFILive.com chooses to submit the dispute to binding arbitration that both parties shall be bound to the decision of the arbitrator. The laws of the State of Texas shall be controlling with respect to any and all disputes herein and the State of Texas shall be the appropriate jurisdiction for the handling of any and all disputes herein.

16. The Complete Agreement & Sever Ability:
This Agreement represents the complete agreement and understanding between the parties and is complete in its present form, and it supersedes any other previous agreement, written or oral. In the event that a court of law should find any part of this Agreement unenforceable, then the remaining provisions shall remain in effect and in full force.
Disregard of any of the above "Terms of Service" will result in immediate disconnect from the site, and you will not be offered the possibility to reconnect.
All trademarks and service marks are the sole property of LeadStore.com, Inc./DFILive.com and may not be reprinted or reproduced. All copyrights strictly enforced.