Terms & Conditions

The following Terms & Conditions shall govern your (the Agent’s) use of the Leads generated by Lenox and all business dealings between the parties. You should carefully read the following Terms and Conditions as by affirming your consent below, your use of the Leads and continued use of this site, You agree to be bound by and to the following and to ensure that your employees, agents or contractors abide the following:

Definitions.
" UseLenox.com," "Lenox,” "Company," or the "Provider" means the company, its employees, officers, and agents.

"Agent," "you," or "yours" means the person, persons or entity that holds an account with the Company to utilize the Leads generated by the Company for its own insurance marketing purposes. Terms referencing "Agent" or "You" apply equally to Agent’s employee, agents and contractors.

“Landing Page” in the context of Company’s Lead Generation Services, means websites or webpages hosted by Company and utilized to generate Leads.

“Lead” means a file containing certain required information on a prospective customer which has been generated by Company or its Publishers through their respective websites. The specific information required for each Lead shall be set forth in an Insertion Order.

“Lead Generation Services” means Company’s generation and distribution of Leads obtained in whole or in part through the use of Landing Pages hosted by Company via Company’s Lenox tracking and reporting system, pursuant to this Agreement.

"The Landing Page" in the context of the Company’s Lead Generation Services, means websites or webpages hosted by the company and utilized to generate Leads (e.g. www.auto-savings.com).

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SITE OR SIGN UP AS AN AGENT. By signing up as an Agent you attest that you and your employees, agents and contractors are at least 18 years of age.

Payment.
Payments must be made on a pre-payment basis via credit card or wire transfer under Agent’s account in the Company’s Lenox Platform. Leads will be sold on a flat rate basis at two price points, premium and standard, respectively. Leads will be purchased in real time, and the designated Lead rate will be deducted from Agent’s prepayment account balance. Leads will only be posted/ sold to Agent if they match Agent’s preset criteria as set forth in their Lenox account. Agent agrees to pay Company for all posted Leads that meet the criteria set by Agent and all caps and designations made under Agent’s account shall be the sole responsibility of Agent. Agent agrees that Company shall not be responsible for any Agent error or mistake that causes unwanted Leads to be posted/sold to Agent’s account.

Tracking.
Company will provide Agent with Leads generated through its websites and will deliver those Leads to Agent via the Lenox tracking and reporting system. All reporting of actionable Leads shall be reflected in the Lenox Platform. Agent will have three (3) days from the posting of a Lead to submit a return request for one of the following reasons: (A) system error in matching criteria as set by Agent; (B) invalid lead info; or (C) user affirms that they did not request a quote. However, in no event shall returns be accepted in excess of ten percent (10%) of total leads posted to Agent in a single calendar week. After the above mentioned three (3) day period has expired, all Leads shall be deemed valid and accepted. Final determination of the number of payable Leads sold to Agent will be at the sole discretion of the Company and Company’s determination shall be final and binding.

Collection and Use of Personal Information.
In order to access and use the website and Lenox Platform, Agent must provide accurate personal and/or company information to Company through this online registration process. You may be asked to provide your name, company name, physical address, billing address, telephone number, facsimile number, e-mail address, website address, tax payer ID number or social security number, billing or payment information, and other identifying information. Agent agrees not to disclose to any third party any content contained in any section of the Platform that requires a username and password with which to access it. Agent is responsible for maintaining the confidentiality of their account and password, and Agent agrees to accept responsibility for all activities that occur under their account or password. Agent agrees to notify Company immediately of any unauthorized use or access of the Platform of which they are aware. Company may share your personal information which you provide with our affiliates, advertisers, outside accounting firms, legal counsel, state and federal tax services and any government or law enforcement agency that requests such information.

Agent Warranties and Representations.
Agent hereby warrants and represents that: A. Agent has full power and authority to enter into this Agreement; B. Agent not use or attempt to use the Company’s Lead Generation Services for any purpose that is in violation of this Agreement or that violates any law or regulation, or industry standards and guidance applicable to the Agent’s performance under this Agreement; C. Agent additionally represents and warrants that its collection, storage and use of the Leads, including but not limited to any telephone calls or text messages to the Leads, will comply with the terms of this Agreement and all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and the Cellular Telecommunications Industry Association (“CTIA”) regulations; D. Agent further represents and warrants that it will not use the Leads to disseminate material that is illegal, obscene, pornographic, shows nudity, indecent, offensive to the average reasonable person, threatening, abusive, libelous, defamatory, discriminatory, promotes racism, bigotry or hatred; infringes on any intellectual property right or is otherwise in violation of any copyright or trademark law; in violation of any right of privacy; that promotes harmful, unlawful, seditious, or criminal activity; that could give rise to civil or criminal liability; that contains viruses, worms, Trojan Horse or other harmful files; or that appears or purports to be from someone other than the Agent or that impersonates another person or entity; E. Agent understands and acknowledges that such Leads are being sold for Agent’s personal use, and Agent may not resell any Leads at any time to any Third Party; F. In the event Agent utilizes Leads to market via email, Agent represents and warrants that it will comply in all respects with the CAN SPAM ACT of 2003, as amended in addition to the following procedures to allow a recipient to request not to receive future commercial electronic mail messages (the “Opt-Out Procedures”): If a product, service or Internet site of Agent is advertised or promoted by the message, then Agent will include a clearly and conspicuously displayed, functioning return email address or other Internet-based mechanism that (a) a recipient may use to request not to receive future commercial electronic mail messages from Agent at the email address where the message was received; and (b) remains capable of receiving such messages or communications for no less than 30 days after the transmission of the original message; G. If a recipient makes a request using a mechanism provided pursuant to Section F, not to receive some or any commercial electronic mail messages from Agent, then Agent shall not initiate, assist, or cause any person to initiate or assist, the transmission to the recipient, more than 10 business days after the receipt of such request, of a commercial email message that falls within the scope of the request; and Agent shall not sell, lease, exchange, or otherwise transfer or release the email address of the recipient (including through any transaction or other transfer involving mailing lists bearing the email address of the recipient) for any purpose other than compliance with any Federal, State, or local law, statute, regulation or ordinance; H. Agent acknowledges that any threatened or actual violation of these representations and warranties may result in immediate termination from the site and/or program, disclosure of Agent’s identity to the Advertiser, government agencies, law enforcement or other third parties and/or the pursuance of all appropriate legal remedies; I. Agent will indemnify the Company for any costs, fees, or expenses, including actual attorney’s fees and costs, arising from any claim that Agent’s advertisements, the advertised product or service, or its use of any Leads, violates any law, regulation, or right of a third party and/or for any breach of the terms contained herein; and Agent will promptly notify Company of any claim that may give rise to indemnification.

Indemnification, Defense and Notification. Agent agrees that it will defend and hold harmless the Company, its directors, officers, employees, Advertisers, Agencies, Affiliates and clients (collectively, the “Covered Entities”) from and against any and all claims, actions or demand brought by or against the Company and/or any of the Covered Entities alleging: with respect to the Agent’s business, including the actions of Agent’s employees, contractors or other agents: (a) infringement or misappropriation of any intellectual property rights; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; (c) any other offensive, harassing or illegal conduct or violation of any law, rule or regulation, including, the CAN SPAM ACT OF 2003, as amended; CTIA or TCPA requirements; (d) any breach of the foregoing representations and warranties; or (e) spamming. Agent hereby agrees to indemnify the Company and each Covered Entity from and against all damages, costs, and fees awarded in favor of third parties, and Agent will indemnify and hold harmless the Company each Covered Entity from and against all claims, demand, liabilities, losses, damages, expenses and costs (including reasonable attorney fees) (collectively, "Losses") suffered by the Company and each Covered Entity which Losses result from or arise out of Agent’s use of the Leads, the operation of Agent’s business, the violation by Agent of any law, rule or regulation, or a breach of these Terms and Conditions. Agent will provide the Company with prompt written notice of each any claim of which Agent becomes aware which may affect a Covered Entities’ interests In addition to the above indemnification, Agent agrees to indemnify and hold harmless any and all Advertisers or Agencies that are clients of the Company from any and all liability, including actual attorney's fees and expenses incurred by that Advertiser or Agency as a result of Agent’s breach of any law, regulation or any of the foregoing representations or warranties. Agent acknowledges and agrees that the Advertiser or Agency is an intended third party beneficiary of the rights and responsibilities contained in this Agreement and that the Advertiser or Agency may enforce this Agreement.

Warranty.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OTHER THAN AS SET-FORTH ABOVE, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE GENERATED LEADS WILL MEET AGENT’S REQUIREMENTS, OR THAT THE LEADS WILL BE TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; COMPANY DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LEADS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE LEADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AGENT FROM COMPANY OR THE COMPANY'S REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO AGENT.

Limitation of Liability.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR LOSS OF ANTICIPATED PROFITS, BUSINESS, REVENUE, GOODWILL OR OTHER LOSSES INCURRED IN CONNECTION WITH AGENT’S USE OF THE LEADS, SUCH CLAIMS BEING EXPRESSLY WAIVED; (b) FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING FROM THE PROVISION OF THE NETWORK; (c) CLAIMS BY THIRD PARTIES THAT AGENT HAS VIOLATED ANY LAWS OR RIGHTS OF THIRD PARTIES, AS AGENT AGREES TO INDEMNIFY THE COMPANY FROM ALL SUCH CLAIMS (d) OR FAILURE IN PERFORMANCE OF THIS AGREEMENT DUE TO CAUSES BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, WORK STOPPAGES, FIRES, CIVIL DISOBEDIENCE, RIOTS, REBELLIONS, ACTS OF GOD, LAWS, REGULATIONS, ACTS OF THE GOVERNMENT, ACTS OF OTHER THIRD PARTIES, AND SIMILAR OCCURRENCES. In the event the Company is found liable for any act or inaction pursuant to these Terms and Conditions are the dealings between the parties; the Company's total cumulative liability for such breaches, losses, and injuries shall be the actual value of the damages or losses caused to the Agent but in no event shall this amount exceed the total amount paid by Agent at under this contract.

Relationship of Parties.
Company and Agent are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Company and Agent. Neither Company nor Agent will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.

Copyright.
All content on this Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, and the compilation of all content on this site, as well as all software used on this site is the property of Company, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Company.

Trademarks.
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company, its affiliates, or Advertisers may not be used in connection with any business, product, or service whose source is not Company, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Company, its affiliates or advertisers that appear on the Website are the property of their respective owners, who may or may not be affiliates with, connected to, or sponsored by Company or its affiliates. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company, its affiliates or advertisers displayed or contained in the Website without the express, written consent of Company, its affiliates or advertisers.

License and Site Access.
Company grants Agent a nonexclusive, nontransferable, limited right and license to access and make use of this website and to make use of the generated Leads provided hereon, provided that Agent fully complies with all Terms and Conditions. Agent agrees not to download (other than page caching) or modify this website or software or any portion of it. This license does not include any derivative use of the website or its contents or software; any downloading or copying of account information or software for the benefit of anyone other than the Company; or any use of data mining, robots, or similar data gathering and extraction tools. The website or any portion of the website may not be reproduced, duplicated, copied, sold, or resold. Agent may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. Any unauthorized use terminates the permission or license granted by Company.

Confidentiality.
Agent agrees not to disclose to any third party any website content contained in any section of this website that requires a username and password with which to access it. Agent agrees to notify Company immediately of any unauthorized use or access of the website of which they are aware. Agent acknowledges that during the course of its relationship with the Company, Agent may have access to confidential business information of the Company, its advertisers, clients and affiliates and agrees to maintain the Confidentiality of that information during the term of this Agreement and for a period of three years following termination of this Agreement

Termination.
If Agent breaches this Agreement, solicits any of the Company’s Advertisers, violates any regulation, law or government mandate, or infringes on any right of third parties, the Company may immediately terminate this Agreement and Agent’s right to use the generated Leads immediately, without any additional notice. The Company reserves the right to terminate, with or without cause, Agent’s right to use the website immediately and without any additional notice. Upon termination, Agent shall pay any monies due and owing to Company and shall be liable for any and all losses or injuries that are incurred by Company or any of its Affiliates or Advertisers, as a result of Agent’s breach.

Entire Agreement and Amendments.
This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement concerning the use of the generated Leads. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. No amendment or extension of this Agreement shall be binding unless in writing and signed by both parties. Whenever a term defined by the Uniform Commercial Code is used in this Agreement, the definition contained in the code is to control.

No Assignment.
Agent may not assign this Agreement or any rights hereunder without the express written consent of the Company. This Agreement is binding on the parties respective successors and permitted assigns.

Severability.
If a court or arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.

Waiver.
Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. No claim or right arising out of the breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of such claim or right unless the waiver or renunciation is in writing signed by the aggrieved party.

Attorney Fees.
In any action brought to enforce any provision of this Agreement, the losing party shall pay the prevailing party’s reasonable attorney fees and costs.

Governing Law.
This Agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed by and construed according to the laws of the State of California.