Welcome to ZipSaver
THIS IS YOUR ZIPSAVER SUBSCRIPTION AND LEAD PURCHASE AGREEMENT
Thanks for choosing ZipSaver.com (“ZipSaver”, “we”, “us”, “our”). By signing up or otherwise using the ZipSaver services, lead generation, websites, and software applications (together, the “ZipSaver Service”) you are entering into a binding contract (the “Agreement”) with ZipSaver.com, located at 621 N Main Street, Grapevine, TX 76051. The terms “you” and “your” refer to you the purchaser / user, and your company, its officers, directors, agents, and employees and users, as defined in the registration information provided to your account manager.
We offer two different ZipSaver Service accounts: #1 Real Estate Pro’s and #2 Service Pro’s, as detailed herein. Both account subscriptions are month to month and can be cancelled at any time. To cancel please refer to our cancellation policy below.
#1 The “Real Estate Pro’s Subscription” is for real estate professionals, including agents, brokers, mortgage banks, mortgage lenders, internet lenders and third-party lead purchasers. These accounts include a territory, typically a county or multiple counties, and also includes a set minimum amount of guaranteed leads per payment that will be specified in “Your ZipSaver Purchase Receipt”. Your account will be billed every (30) thirty days until canceled. You may cancel your account at any time with no additional payments. If you cancel after a payment occurs, your account will still receive the time and guaranteed leads for the final payment. If you ever have questions or need help please call our sales and customer service department at (877) 542-9003 Monday through Friday 9:30am - 5:00pm CST or by email 24/7 at email@example.com.
#2 The “Service Pro’s Subscription” is for service professionals, including legal, construction, advisory/analyst, development, appraiser, and property management professionals. Service Pro accounts have a monthly subscription fee of $19.99 per zip code per month until cancelled using our cancellation policy detailed below. Your account will be billed every (30) thirty days.
ONE-TIME-UPFRONT LEAD PURCHASE
We also offer one-time-upfront lead purchases, where full payment is made at the start of your account for a set guaranteed quantity of leads, with no other costs. Upfront lead purchases are typically reserved for those looking to receive larger quantities of leads and are delivered overtime most commonly 12 to 24 months. Upfront Lead Purchases typically provide greater discounts.
In addition to and at the same time you purchase ZipSaver Service Subscription, ZipSaver agrees to sell leads to you, and you agree to buy said leads from ZipSaver (“lead purchases”). You can view your lead purchase balance within your CRM. You can adjust your settings such as auto refill on/off and even request to purchase more. Your Lead purchase stays active throughout your subscription with the ZipSaver Service. In most cases your lead purchase is fulfilled within 35 days which means you have received all of your exclusive leads. But due to seen and unforeseen market conditions, including seasonality, force majeure, and acts beyond ZipSaver’s reasonable control, leads may take up to 90 days or more to fulfill.
Any payment made to us is non-refundable unless canceled within the first three (3) business days of the first charge for this Agreement. Please note, an order may only be cancelled if the service has not yet been used in whole or in part within the first three (3) business days from placing the order, and any cancellation must be made in writing and emailed to firstname.lastname@example.org within the first three (3) business days from placing the order.
Except as provided in the Refund Policy above, ALL LEAD PURCHASES ARE NON-REFUNDABLE. IF YOU CANCEL YOUR SUBSCRIPTION TO THE ZIPSAVER SERVICE AND HAVE A REMAINING LEAD PURCHASE BALANCE, THEN YOU FORFEIT ANY AND ALL REMAINING LEADS DUE.
If you have any questions, our Customer Support is able to assist You Mon-Fri 9:30am - 5:00pm CST by phone at (877) 542-9003 or by email 24/7 at email@example.com.
CANCELLATION AND TERMINATION
All account subscriptions are month-to-month and can be cancelled at any time. To cancel your ZipSaver Service, you must follow/use our cancellation policies as seen below. You are solely responsible for the charges already incurred on your account. ZipSaver, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other ZipSaver service, for any reason, at any time. Such termination of this Agreement will result in the deactivation or deletion of your account or access to your account, and the forfeiture and relinquishment of all content in your account.
Before the end of your 30 days period, we request a 3-day notice of your intent to terminate your ZipSaver Service you must make such notice by email to firstname.lastname@example.org or if made by phone you must receive a written email confirmation from a ZipSaver support representative. If no such notice, then your account shall automatically renew for an additional 30 days period and we shall bill such payment information on file as provided herein. If you are more than 7 days delinquent on any payment, then we may terminate this Agreement. We will not provide any refunds or credit to you.
If we suspect you provide information that is untrue, inaccurate, incomplete or not current, then we have the right to suspend or terminate your account and refuse any and all current or future use of the ZipSaver Services. We do not and will not verify or correct any data or information provided by you. We will not provide any refunds to you.
ZipSaver Service pricing is subject to change based on a number of factors such as, but not limited to, market conditions, demand and lead flows. You will be given appropriate notice before any price increase and then given the option to cancel or continue at the new pricing. If there is a price change, then Your account will not be billed for the new price without Your consent and agreement at the new price.
CHANGES TO THIS AGREEMENT
WE PERIODICALLY UPDATE THESE TERMS. IF YOU ARE AN ACTIVE CLIENT, WE WILL LET YOU KNOW WHEN WE DO BY EMAIL OR BY SITE NOTIFICATION. THESE TERMS ARE VISIBLE INSIDE YOUR ZIPSAVER SERVICE CUSTOMER RELATION MANAGEMENT SYSTEM (“CRM”). THE TERMS ARE EMAILED TO YOU AT THE TIME OF PURCHASE. YOUR USE AND ACCESS OF OUR SITE OR THE ZIPSAVER SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS.
You agree to not use the ZipSaver Service or our site to upload, post, email or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
LEAD PURCHASE NOTICE
YOU AGREE NOT TO MISHANDLE OR MISUSE ANY DATA PROVIDED TO YOU THROUGH A LEAD PURCHASE. YOU MAY NOT SELL OR RESELL ANY DATA WITHOUT OUR WRITTEN CONSENT. YOU SHALL COMPLY WITH ALL LAWS. YOU SHALL KNOW AND UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE STATE, COUNTY AND CITY. SOME HAVE LAWS THAT RESTRICT SOLICITATION.
Except as provided in the Refund Policy below, OUR SITE AND THE ZIPSAVER SERVICE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTIES OF ANY KIND. We will not replace or exchange any products or services or provide any refunds for any products or Services.
ZipSaver may, in our sole discretion, permit you to post, upload, publish, submit or transmit your content ("Your Content"). By making available any of Your Content on or through the site, application, or services through ZipSaver, then you hereby grant to ZipSaver a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such your Content on, though, by means of or to promote or market the site, application and services. ZipSaver does not claim any ownership rights in any of your Content and nothing in this Agreement will be deemed to restrict any rights that You may have to use and exploit any of your Content.
You acknowledge and agree that You are solely responsible for all of your Content that You make available through the site, application, or services through ZipSaver. Accordingly, you represent and warrant that: (i) You either are the sole and exclusive owner of all Your Content that you make available through the site, application, or services through ZipSaver or you have all rights, licenses, consents and releases that are necessary to grant to ZipSaver the rights in your Content, as contemplated under this Agreement; and (ii) neither the Your Content nor Your posting, uploading, publication, submission or transmittal of the your Content or ZipSaver’s use of your Content (or any portion thereof) on, through or by means of the site, application or services by ZipSaver will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COPYRIGHT, TRADEMARK AND LICENSES
The entire contents of our site and the ZipSaver Service are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Inc Brands LLC, its affiliates or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You grant to us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to us. You also grant to us the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. Using our site or the ZipSaver Services does not give you ownership of any intellectual property rights in our site or any of our services or the content you access. You may not use content from our site or services unless you obtain permission from its owner or are otherwise permitted by law.
THIRD PARTY TERMS OF SERVICE
You acknowledge and agree that your access to and use of our site and the ZipSaver Service are governed by and require your acceptance of the terms of service of third party Internet service. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that ZipSaver and its partners, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers.
REPRESENTATIONS AND WARRANTIES
A) If You are a business entity, then it represents and warrants that: (i) it is, and will remain, a corporation in good standing under the laws of the jurisdiction of its organization; (ii) it has all requisite corporate power and authority to carry on its business as contemplated herein, including obtaining all necessary third party consents, approvals or authorizations for performance under this Agreement; (iii) there are no agreements by which it is bound preventing its performance hereunder and performance under this Agreement will not constitute a breach of any contract, agreement, or understanding by which it is bound; and (iv) it will comply with all applicable laws, rules, and regulations in performing its obligations under this Agreement.
B) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ZIPSAVER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, QUALITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
LIMITATION OF LIABILITY
A) ZIPSAVER MAKES NO GUARANTEE OF LEAD DATA QUALITY.
B) DISCLAIMER. NEITHER ZIPSAVER NOR ITS THIRD-PARTY SUPPLIERS WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, OR LOST DATA, EVEN IF YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
C) MAXIMUM LIABILITY. IN ANY EVENT, ZIPSAVER (AND ITS THIRD-PARTY SUPPLIER'S) MAXIMUM LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT (IN TORT, CONTRACT OR OTHERWISE) WILL NOT EXCEED ONE MONTH FEE PAID BY YOU TO US.
ZipSaver is not responsible from any delay or failure to perform resulting from causes beyond its reasonable control.
You and ZipSaver agree that any dispute, claim, or controversy between you and ZipSaver arising in connection with or relating in any way to these Agreements or to your relationship with ZipSaver as a user of our services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and ZipSaver further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Any notice alleging a breach of this Agreement must be in writing and delivered in person to the party's physical or email address set forth in this Agreement. Any notice delivered to ZipSaver hereunder must be sent to the attention of "LEGAL DEPARTMENT".
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Texas, United States of America, without regard to choice or conflicts of law principles.
Further, you and ZipSaver agree to the Jurisdiction of Travis County of Texas to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section below.
This is the entire Agreement between the you and us except for those agreements expressly incorporated by reference in this Agreement. You agree to abide by all laws. Any cause of action or claim you may have with respect to the site or the ZipSaver 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. ZipSavers’ 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. There are no third-party beneficiaries to this Agreement. If any provision of this Agreement, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement will remain in full force and effect. No agency, partnership, joint venture or other joint relationship is created by this Agreement. ZipSaver may assign its rights and duties under this Agreement to any party at any time without notice to you.
END OF YOUR CONTRACT.
If you have any questions, our Customer Support is able to assist You Mon-Fri 9:30am - 5:00pm CST by phone at (877) 542-9003 or by email 24/7 at email@example.com.