Buffered Leads div. RustGuy, Inc. Terms of Service
Buffered Leads and (bufferedleads.com, bufferedlead.com, leadbuffers.com, bufferedcalls.com, bufflead.com) are a division of Buffered Leads div. RustGuy, Inc. All rights reserved., The terms of service (“terms”) herein are a legal, binding agreement between Buffered Leads div. RustGuy, Inc. and you, receiving the services from us or via our site (“Agent” or “you”). Your acceptance of the terms here is required for your use of the site and any of our services, and to our provision of leads to you. By clicking Submit”, which represents your electronic signature on the terms, or agreeing to and giving permission to a Buffered Leads div. RustGuy, Inc. staff member to submit on your behalf, you accept these terms. You accept that your interaction with our company and each request you make for our services is subject to the terms here. If you disagree with any of the terms here, don’t use our services.
Leads Purchase
You’ll be charged for the leads based on the price stated at the time of the purchase, and fees may differ from purchase to purchase at any time. Purchases of leads are not cancellable and there is no refund on fees paid. No exceptions or exclusions. You agree to purchase leads in line with the guidelines set forth here.
Pre-Qualified Leads
Buffered Leads makes its best effort to deliver to you pre-qualified leads by utilizing a detailed screening and pre-qualification process. Depending on the lead type, our call center will seek to pre-qualify leads by using a series of industry standard “knock out” questions that have been formulated by experts within that industry. This is done to screen and pre-qualify prospects to deliver to you the best, most interested prospects ready to decide. Depending on the industry, knockout questions may be asked such as intent to buy, ability to pay, sound mind to make decisions, etc.
Replacement Criteria
If your prospect answers positively to an industry standard knock out question, or has provided inaccurate/false information, politely end the call and we'll replace the lead, no charge. We will NOT replace a lead for any other reason.
No Guarantee of Sales
We provide our clients with the best leads possible, but we cannot guarantee that every lead will result in a sale or meet your specific needs.
Live Transfer Leads
We offer a range of buffer times that you select prior to purchasing your lead bundle. Your lead buffer is strictly used to confirm and/or contradict the viability of a lead regarding the answers given to knockout questions. Buffers are a safeguard to you that the pre-qualification industry standard questions formulated by experts were answered satisfactorily and the lead is viable. If you discover that the lead gave dishonest answers, failed to answer, changed an answer or any other reason that affirms a positive answer to a knockout question, end the call before your chosen buffer time and that lead will be replaced.
You agree that if transfer calls are sent to you during your available time schedule and you:
1. Do NOT answer or pick up a transfer more than two (2) times
2. Failed to inform our customer service team to change your schedule to NOT send calls.
3. Failed to inform our customer service team of an emergency to STOP ALL CALLS.
that we will fulfill the outstanding balance of your live transfer leads with Live Standing-By Leads (with no buffer) and (at the discretion of our management team) permanently close your account.
that at the discretion of management, we will fulfill the balance of your contract with LIve Standing-By Leads.
If your buffer time is used for any other reason not pertinent to the knockout questions (i.e. talking about the weather) then you agree to pay for that lead even if later in the conversation you disqualified a prospect because their answers to knockout questions. You agree to pay for leads with a call ending before your buffer time for no apparent reason. No refunds, exceptions, or exclusions.
Live Standing-By Leads
The following is our policies and procedures regarding Live Standing-By Leads:
• Sent to an agent/representative by email in real time.
• Available to all on a local or statewide basis.
• Prospect have agreed to initiate calls even if on a DNC list.
• All calls MUST be made from your mobile phone using our platform app.
• Attempts to contact a lead must be made no later than by the end of the following business day and continued for a minimum of 25 outbound calls until the prospect is reached - or the lead will be deducted from your account balance.
• Occasionally leads might be over age, missing crucial information or be out of your targeted area. In such cases we offer a replacement for those leads based on the leads’ recorded information.
A.I. Buffered Generated Leads
The following is our policies and procedures regarding A.I. Generated Leads
• For one (1) minute buffer to apply, all leads must be contacted ONLY using our platform.
• If lead is contacted using any other method, lead is deducted from your account. No exceptions.
• Sent to an agent or sales representative by email in real time.
• No guarantee is made to salability of these leads.
• No guarantee is made to lead’s intent or current disposition.
• Occasionally leads might be over age, missing crucial information or be out of your targeted area. In such cases we offer a replacement for those leads ONLY if that information was discovered within the one (1) minute buffer time period.
Procedure for Replacement
We will replace leads with missing information, over age or that are outside of your specified area, to request a replacement, please contact our customer support team within 24 hours of receiving the out-of-area or over-age lead. You will need to provide us with the lead’s name, contact information, and the reason for the replacement request.
Once we receive your request, we will review the lead’s information and confirm its eligibility for a replacement. If we confirm the lead has wrong information, fails to meet industry stand knockout criteria, contains false of inaccurate information, we will provide you with a replacement lead at no additional cost to you.
Replacement Timeframe:
Replacement of Standing-By Leads and A.I Generated Leads will be provided within a reasonable timeframe, generally within five (5) business days of our verification of the outbound phone call recording made from our platform. If calls are made outside our platform, no buffers will apply and leads will be deducted from your account.
All Buffered Calls Recorded
If necessary, please inform your potential client that all calls are recorded prior to starting a conversation. Eleven (11) states require the consent of everybody involved in a conversation or phone call before the conversation can be recorded. Those states are: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
Ending a Call
All calls must be ended in a polite, respectful manor. Screaming, vulgarity, insults, nasty comments, threats, any form of discrimination, repeated calls and hang ups, stalking or sexual harassment will not be tolerated. This may result in forfeiting your entire account balance and permanently closing your account.
Not Using the Provided Platform
For Standing-By Leads and A.I. Genreated Leads ( for buffers to apply), nonuse of provided platform will result in leads being deducted from your account.
Dishonest Behavior
Any attempt to try to NOT pay for leads by ending a call, saying things like: "We have a bad connection, I'll call you back", etc. with the intention of avoiding to pay the lead charge will not be tolerated. We reserve the right to monitor calls to ensure good connectivity and proper call handling. Dishonest actions may result in forfeiting your entire account balance and permanently closing your account.
Account Policies
You can close your account for any reason, no questions asked.
We reserve the right to suspend or close your account for policy violations (i.e. unacceptable behavior, vulgarity, abuse language, repeatedly not answering calls during your scheduled times, etc.)
In the rare case that we deem it necessary to close your account, the balance of your missed live call leads (contact information and profiles) will be forwarded to you without buffers or lead replacements options. No further charges will accrue. We do this to fulfill our contractual agreement with you.
Agreeing to receive communication from Buffered Leads div. RustGuy, Inc. No exceptions or exclusions.
In the rare case that we deem it necessary to close your account, the balance of your missed live call leads (contact information and profiles) will be forwarded to you without buffers or lead replacements options. No further charges will accrue. We do this to fulfill our contractual agreement with you.
By placing an order, you agree to receive text message and emails from Buffered Leads div. RustGuy, Inc.
Authorized Use and Purpose of Leads
Leads delivered on a 100% exclusive. We will not resell your lead. You’re allowed to use the leads provided by us exclusively for your internal marketing purposes in the specific vertical to the consumers. You may not use the lead for purposes other than those that the consumer has expressly inquired about, or of third parties. Agents cannot redistribute or sell our leads.
Leads are confidential information of Buffered Leads, div. Buffered Leads div. RustGuy, Inc. You agree to not share with others, distribute, license, sell, resell or otherwise disclose any of the leads or the information included in them, to any third party for any purpose, unless only to an entity employed by you as a contractor for the main purpose of assisting you under the terms here as well as in accordance with the authorized use of the leads by you. When leads are generated, we do not guarantee any certain results. A lead is a prospect, so do not regard the lead as a guaranteed sale.
Service Usage
It is solely your responsibility to know about all laws, rules, and regulations applicable to the access, use, storage, and security of data identifying consumers that we offer to you, and to act in line with them. You agree that you’ll maintain commercially reasonable physical, electronic and procedural controls, care and protection to protect any such consumer information received under the terms herein from any unauthorized use or disclosure, including the maintenance of proper security to limit access to the consumer data solely to carry out the purposes for which such information was disclosed.
Warranties & Disclaimer
As an Agent, you warrant and represent that:
-the use of the leads and any interactions with and information provided to consumers will be in compliance with all applicable federal, state and local laws, statutes, rules and regulations, governing the marketing, sales, and/or promotion of goods and/or services, including with no limitation to the general consumer protection laws and regulations, or any other consumer protection laws that hinder unfair or misleading acts or practices. You agree to abide by the following:
-without restraining the foregoing, you’ll make no calls to any person on any federal or state national
Do-Not-Call (DNC) registry in the exception of an exemption.
-you’ll use no lead information for the purpose of determining a person’s eligibility for employment, credit or otherwise in any manner that violates the Fair Credit Reporting Act.
-you’ve disclosed the existence of any federal or state decrees, orders, or consent agreements, as well as any pending informal or formal government investigations. Also, you warrant that if you’re involved or named in any kind of action, complaint, investigation or any other proceeding by or before any governmental or regulatory agency, or any private party, you’ll provide immediate notice to Buffered Leads div. RustGuy, Inc. Of any such action, complaint, investigation or any other proceeding; and
-you’ll make sure that your agents, employees, as well as contractors, comply with all the above.
The leads services and the site are provided “as is”, “where is”. Neither party makes any sort of warranties to the other. Also, all statutory, implied or other warranties are disclaimed to the highest extent permitted by law, including with no limitation to any warranties of merchantability, fitness for a purpose, non-infringement, compliance with relevant laws, title, or while dealing or trading. We don’t guarantee in any way that any information provided by the consumer will be correct or complete, or that the results will be realized/guaranteed from the leads, including any customer conversion rates.
DNC Phone Scrub service
Does the Phone Scrub service label Disconnected or Out-of-Service Phone Numbers?
No, the service uses the rule-based phone number format of active Area codes and Exchange codes (NPA & NXX) by phone carrier to determine if a phone number is valid. Phone numbers labeled “I – Invalid” or “U – Unknown” are often out-of-service numbers but the service is unable to determine if specific phone numbers are disconnected.
Does the Phone Scrub service replace Incorrect Phone Numbers?
No, the service does not identify incorrect numbers (phone numbers which do not belong to the individuals in your records). It also does not add phone numbers to your lists.
Does the Phone Scrub service guarantee DNC or TCPA compliance?
No, the DNC scrub does not guarantee legal compliance nor does Rustguy, Inc. accept liability for telemarketing practices. The service is meant to be a risk-mitigation tool.
Changes
Buffered Leads, div. Buffered Leads div. RustGuy, Inc. retains the right, based on sole discretion, to modify any part of this Agreement. It is totally your responsibility to check this Agreement periodically for changes. Your continued usage of the site following the posting of any changes to this Agreement suggests an acceptance of those changes. Also, Buffered Leads div. RustGuy, Inc.Leads may, in the future, provide new services and/or features via the site (including, the release of new tools as well as resources). Any new features or/and services shall be subject to the Terms of this Agreement.
Termination
Buffered Leads div. RustGuy, Inc. may terminate your access to all or any part of our service at any time, with or without cause, with or without notice. If you decide to terminate this Agreement or your account, you may simply discontinue using our service. Notwithstanding the foregoing, if you have an account, such account can only be terminated by RustGuy, Inc.
Disclaimer of Warranties
The site is provided ‘as is’. Buffered Leads div. RustGuy, Inc.and its suppliers, licensors and affiliate companies hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Calendar Leads nor its suppliers and licensors make any warranty that the site will be error-free or that access to it will be continuous or uninterrupted. You acknowledge that you download from, or otherwise acquire content or services via, the site at your own discretion and risk.
Limitation of Liability
In no event will RustGuy, Inc., or its licensors or suppliers, be liable regarding any subject matter of this agreement under any contract, tort, negligence, liability or other legal or equitable theory for: (i) any incidental, special, or consequential damages; (ii) the cost of acquisition or substitute products or/and services; (iii) for the interruption of usage or loss or the corruption of data; or (iv) for any amounts that raise the fees paid by you to Buffered Leads div. RustGuy, Inc.be under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Buffered Leads div. RustGuy, Inc. shall have no form of liability for any failure or delay owing to matters beyond its reasonable control. The foregoing may not apply to the extent prohibited by relevant law.
International Users
The Service is controlled, operated, and administered by Buffered Leads div. of RustGuy. Inc. Inc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.
Indemnification
You agree to indemnify, defend, and hold harmless RustGuy. Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. RustGuy. Inc. Inc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RustGuy. Inc. in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these terms of service, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these terms of service or any disputes arising because of these terms of service, whether directly or indirectly, including Tort claims that are a result of these terms of service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these terms of service.
General Representation and Warranty
Each user represents and warrants that (i) your use of the site will be in strict accordance with the Buffered Leads div. RustGuy, Inc. Privacy statement, with this Agreement as well as with all relevant laws and regulations (including any local laws or regulations in your country, state, city, or other governmental area, as regards online conduct and acceptable content, and including all relevant laws as regards the transmission of technical data exported from the U.S. or the country in which you dwell) and (ii) your usage of the site won’t infringe on the intellectual property rights of any third party.
© 2024 Buffered Leads div. of RustGuy, Inc. US Registered Trademark. All Rights Reserved