Hold Harmless Clause

Deal Finder hereby agrees to defend, indemnify and hold harmless Consultant, and its agents and employees, officers, directors, affiliates, contractors, successors and assigns from and against any and all liabilities, obligations, losses, damages, penalties, claims, costs, expenses, including attorneys’; fees and legal expenses at pre-trial, trial and appellate levels “Liabilities”), of any kind whatsoever, arising from or relating to this Agreement (or any statements, representations, misrepresentations or opinions (including, without limitation, third party claims by Consultant’s client or invitee) arising from or relating to this Agreement or to Products and Services sold or delivered pursuant to this Agreement. Deal Finder agrees to give Consultant prompt notice of any matter or claim subject to this indemnity, and Consultant shall do the same for Deal Finder. This indemnity shall continue in full force and effect through, from and after full payment of the purchase price or subscription fees and shall not be extinguished by payment of the purchase price.

List & Skip Tracing Sources

Client acknowledges that client will independently source it’s own targeted list and independently source contact information like phone #s from it’s own vendors including but not limited to vendors like PropStream, MojoSells, Vulcan7, TheRedx, AccuData, BatchSkipTracing, or Deal Mastery.

Auto Dialer Terms of Service

By booking this service, you further represent and warrant that you are in compliance with all applicable laws and regulations governing the making and sending of calls and text messages. Your certification here is in addition to any provision of or representation made in Deal Finders Funnel (“Deal Finders Funnel”) Terms of Service. The Terms of Service are available here: http://targetinglocal.com/crmtos/ and https://targetinglocal.net/terms-of-service.php.

Relevant laws and regulations include, but are not limited to, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“TCFAPA”), as amended; the Telephone Consumer Protection Act (“TCPA”); the Federal Trade Commission’s Telemarketing Sales Rule and Do-Not-Call registry; and any other regulations promulgated by the Federal Trade Commission or Federal Communications Commission pursuant to the TCFAPA or TCPA. You are responsible for reviewing these rules (and any others that apply) and complying with them in your use of Deal Finders Funnel’s software. Among other things, these rules may:

Require you to obtain the prior express consent for autodialed or prerecorded calls or texts or ringless voice mails sent or made from the called party;

Require documentation or other support of such consent (which may be required in writing for certain types of calls);

Prohibit altering the caller ID information transmitted with a call or text with the intent to defraud, cause harm, or wrongfully obtain anything of value;

Require you to include an automated interactive opt-out mechanism available at the outset of the message for prerecorded messages;

Prohibit making certain types of calls before the 8 a.m. or after 9 p.m. at the called party’s location; and

Prohibit calling a number on the national do-not-call registry.

You are also responsible for reviewing any state laws or regulations for any state to which you may be calling, wherein many states have more restrictive rules and laws related to the TFCAPA and TCPA.

By booking this service, you acknowledge that you, and not Deal Mastery, are responsible for making or initiating any call made or text sent using Deal Mastery’s software. Because Deal Mastery does not participate in the call making process, it cannot advise or assist you regarding the application of or compliance with any of the above mentioned obligations. If you have any questions about the applicability of a law or regulation to calls you plan to place using the Deal Finders Funnel software, contact your legal counsel.

You further acknowledge that you must independently evaluate your intended use of any RVM, SMS, or other Auto Dialer campaigns, including who is being called, the type of telephone number being calls, the purpose of the message, and (if applicable) the type of consent necessary, relative to the TCPA’s requirements to ensure compliance. You also acknowledge that you are familiar with the Terms of Service of any of the platforms utilized for these purposes, including but not limited to JustDeliverIt and DealFindersFunnel, and agree to abide by those terms of service in any campaign initiated through Deal Mastery.

Non-Return of Payment

All payments made to the Company are non-refundable and Client agrees not to request or issue a chargeback on payments made to Company for services provided, regardless of the results of the services provided. The Client agrees not do any chargeback as it would not be applicable with our services. The Company is not selling a product rather is providing a unique login/password-protected Client account to cloud-based software services. The Client cannot issue a chargeback for the use, misuse, or failure to use the service. Chargebacks shall be deemed a material breach of this Agreement and may result in Company instituting a collection action, terminating this Agreement, suspending services and/or withholding any deliverables, in the sole judgement of Company. If Client initiates a chargeback to the credit card company, Client agrees to be charged $200 to cover the chargeback related costs incurred by the Company and to be charged for any and all arbitration fees incurred in the arbitration process, regardless of whether Client wins or losses the chargeback.

Governing Law; Consent to Personal Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, Uinta County without regard for conflicts of laws and principles. Each party hereby expressly consents to the personal jurisdiction of the state and federal courts located in the State of Wyoming, Uinta County for any lawsuit filed against any party to this agreement by any other party of this agreement concerning any matter arising from or relating to this Agreement.