TERMS OF USE
Meraki leads aims to enhance people’s decision-making abilities by integrating human and machine intelligence. Through our exclusive and patented AI technology products, we are capable of conducting text-based conversations with a large number of consumers. Our products merge natural language comprehension with personalized data, enabling customers to engage deeply in the purchasing process before interacting with a sales representative.
The terms “we,” “us,” “our,” and “Meraki leads,” as well as “you,” “your,” and “user” in these Meraki leads terms of service, shall refer to the user. The term “Meraki leads services” encompasses both our phone-based and text-based services (referred to as the “Meraki leads mobile services”) and our website and web app-based services (referred to as the “Meraki leads web app”), along with various websites, applications, web applications, text messages, email notifications, and other media, or portions of such media, offered by Meraki leads.
We reserve the right to make changes to Meraki leads Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of Meraki leads Terms of Use. Any changes or modifications will be effective immediately upon posting the updated Meraki leads Terms of Use on the Site, and you waive the right to receive specific notice of each such change or modification.
By utilizing the Meraki leads services, you consent to our Terms. Your usage of the Meraki leads services implies that you have accepted and agreed to abide by these Terms. If you are accessing the Meraki leads services on behalf of an entity, you agree to these Terms on behalf of that organization and assure Meraki leads that you possess the authority to bind that entity to these Terms. In such cases, the terms “you” and “your” or “user” will apply to that organization. However, if that organization has an independent written agreement with Meraki Leads that covers the use of the Meraki leads services, that agreement shall govern such usage if any provisions in these Terms conflict with it.
Regardless of whether you are accessing the Meraki leads services as an individual or an organization representative, you admit that our agreements, as specified in these Terms, are supported by reasonable and valuable consideration. This consideration includes your ability to use, visit, submit information to, or receive information from the Meraki leads services, and you acknowledge it individually and on behalf of any entity you represent. Furthermore, you confirm that you possess the ability to comply with our agreements outlined in these Terms. If you are acting on behalf of a corporation or any other organization, you assure us that you possess the authority to bind such an entity.
Using the Meraki leads services indicates your acceptance of receiving phone calls and text messages from us and our associates. By using the Meraki leads services, you grant Meraki Leads, its subsidiaries, and its partners (referred to as “Service Provider”) express permission to communicate with you via phone or text message at the wireless phone number provided or any future number you may provide. Please note that your wireless service provider contract may incur message and data rates. You also acknowledge that the Service Provider may use auto-generated text messages or an automated telephone dialing system to contact you, even if your number is listed on a Do-Not-Call registry. Furthermore, your consent to text messages and phone calls is not a prerequisite to utilizing any Service Provider’s services. If you do not wish to receive these texts or calls, please refrain from using the Meraki leads service or submitting your information to us.
You are responsible for indemnifying the Service Provider for all expenses, claims, and damages resulting from your failure to notify them of a change in your wireless phone number. This includes claims, expenses, and damages that may arise under the Telephone Consumer Protection Act (TCPA). Therefore, you agree to promptly notify the Service Provider of any changes in your wireless telephone number. You have the right to revoke your consent to receive phone calls by requesting to be added to an internal Do Not Call list, and text messages by responding to a text message with STOP. However, please note that once the action has been taken in reliance on this authorization before the Service Provider receives your revocation request, this authorization cannot be revoked.
If any dispute arises between you and Meraki leads, we agree to resolve it through binding arbitration, as outlined in these Terms. This means that certain disputes will be decided by an arbitrator rather than a judge or jury. However, you do have the right to opt-out of this arbitration agreement. Please refer to the Legal Disputes section below for more information.
Please note that the Meraki leads services are intended for use by adults only and are not directed at minors. We do not knowingly collect personally identifiable information from anyone under the age of 13, as stated in our Privacy Policy. Furthermore, the Meraki Leads services are only intended for use by citizens and residents of the United States and Canada.
These Terms are an important legal agreement between you and Meraki Leads that becomes binding once you use the Meraki Leads services. Please review these Terms carefully before using the services. If you do not agree to be bound by these Terms, you should refrain from using the Meraki Leadsservices by not texting or emailing them.
From time to time, we may update these terms of service for Meraki Leads. Any new versions will replace the previous ones. Unless stated otherwise, any changes will become effective from the date shown at the top of the updated terms. If we make significant modifications to the terms of service, we will inform you through various means, including the Meraki Leadsapp, text, phone, or by posting an announcement here. For minor changes, we will simply update the effective date at the top of this page.
From time to time, we may update these terms of service for Meraki Leads. Any new versions will replace the previous ones. Unless stated otherwise, any changes will become effective from the date shown at the top of the updated terms. If we make significant modifications to the terms of service, we will inform you through various means, including the Meraki Leadsapp, text, phone, or by posting an announcement here. For minor changes, we will simply update the effective date at the top of this page.
Meraki Leadsreserves the right to modify these terms and conditions. In the event of any modifications, we will provide a notification to you via email, text, or through updates to this page. By continuing to use the Meraki Leadsservices after such changes, you agree to be bound by the modified terms and conditions.
To use Meraki Leadsservices, you need to provide us with accurate and up-to-date information about yourself, including your mobile phone number. You cannot transfer your access and use of the services to anyone else, and you must use the services only for lawful purposes and in accordance with these Terms and our Privacy Policy.
You are solely responsible for all activity on your account, including any use of the services by anyone else who has access to your mobile phone number. You must take reasonable steps to prevent unauthorized use and notify us immediately of any unauthorized access. We will not be liable for any loss or damage resulting from the unauthorized use of the services via your account, and you agree not to allow anyone under 18 to use the services via your account. We cannot guarantee the availability of Meraki Leadsservices, but we will do our best to keep them available to you.
You are allowed to use Meraki Leadsservices only in compliance with the terms of service provided. You may use these services as needed to carry out activities under these terms, but any action that violates the terms of service, our privacy policy, or limits others from accessing or enjoying the services, may result in your loss of access to them. Without prior written permission, you cannot modify, scrape, embed, or frame Meraki Leadsservices.
Meraki Leadsreserves the right to discontinue providing services to individual users, groups of users, or all users, at any time and without prior notice. Through Meraki Leads, you may connect to third-party service providers, but we do not endorse any of them. You should conduct a thorough investigation of any service provider before using their services, as Meraki Leadsis not responsible for any provider.
We do not endorse or accept liability for any content, service provider content, promotions, data, advertising, products, goods, or services available or unavailable from any service providers, including healthcare and wellness providers. Any damage or loss incurred as a result of using or relying on this content, including dealing with or participating in promotions with service providers, is your responsibility, and not that of Meraki Leads. Any issues you have with service providers should be taken up with them directly, and not with Meraki Leads.
You acknowledge that Meraki Leadsis not liable for the availability or accessibility of any service providers or any interactions or dealings you have with them. You agree not to hold Meraki Leadsresponsible for any such issues and release us from any liability relating to these interactions. Additionally, we may exclude service providers from displaying in search results on our website if they fail to meet our conduct and performance standards. Finally, while we may conduct criminal and financial background checks on certain service providers, this does not waive any of our disclaimers or limitations of liability.
The content on the Meraki Leadswebsite, including text, graphics, images, and other material, is intended for informational purposes only and should not be viewed as a substitute for professional medical advice, diagnosis, or treatment. It is recommended that individuals seek advice from qualified healthcare providers if they have any questions about a medical condition. Meraki Leadsdoes not endorse any specific tests, products, physicians, procedures, opinions, or other health-related information that may be mentioned on the website.
Individuals should be aware that if they post any health-related information on the website, it is at their own risk and will not be protected by any federal or state laws that safeguard the privacy of health information. Additionally, the healthcare or wellness provider about whom the individual submits content may disclose private or confidential health information in response to the content submitted. Meraki Leadsis not responsible for any service provider content.
Through the Meraki Leadsservices, individuals may be connected to third-party service providers, such as real estate brokers, and other companies providing services through the network. Meraki Leadsdoes not endorse or recommend the products or services of any service provider and is not liable for any losses, costs, damages, or claims arising from the use of a service provider’s products or services. It is the individual’s responsibility to investigate and validate the qualifications of service providers before engaging them.
Meraki Leadsis not a lending institution or other service provider and does not make any credit decisions. The company may help connect individuals with service providers but is not involved in any fee arrangement that individuals may enter into with the service provider. Meraki Leadsdoes not charge users a fee to use their services.
If an individual transmits, submits, or posts information to Meraki Leadsthat is not federally trademarked and/or copyrighted, they automatically grant the company the right and license to use, copy, format, adapt, publish, and/or incorporate such information in any media, including the Meraki Leadscontent. If the individual has obtained prior written permission from Meraki Leadsto transmit, submit or post federally trademarked and/or copyrighted information, they grant the company the right to use, copy, format, adapt, publish, and/or incorporate such information in any media, including the Meraki Leadscontent.
The Meraki Leadsservices prohibit the transmission, submission, or posting of certain types of information, including copyrighted or proprietary information, unlawful or harassing content, viruses or malicious code, false or misleading information, and commercial advertisements without permission. Meraki Leadsreserves the right to refuse or remove any transmissions, submissions, or postings and may review them to determine compliance with these terms. Users are responsible for all their transmissions, submissions, or postings, and Meraki Leadsmay use or disclose user data for necessary reasons such as providing services, addressing technical issues, protecting users, responding to emergencies, or complying with the law. Users must comply with all applicable laws and terms, allow Meraki Leadsto use their data as necessary, and may not transfer or resell the services.
We have the right, but not the obligation, to modify, reject, or remove any content that you transmit, submit, or post. Our Privacy Policy allows us to evaluate your transmissions, submissions, or postings to determine whether you are complying with our Terms, at our sole discretion.
You are fully responsible for all of your transmissions, submissions, or postings, including any outcomes that result from them (i.e., your own user data).
Regarding Meraki Leads’s use of your data, we advise you to review our privacy policy to comprehend how we handle your information. If you do not want your data to be used in this way, please refrain from using our services and opt-out of the Meraki Leadsmobile services and web app by sending a text message containing the word “STOP” to us.
The term “user data” refers to the information and data that are provided to us via the use of Meraki Leadsservices under these terms of service. This includes user content and user usage data.
User usage data pertains to the metadata of communications that are made available to us through the use of Meraki Leads services. This may include data that is utilized for identifying and tracing the origin and endpoint of communication, such as individual data subject’s phone numbers, data related to the location of the device (which is collected as part of providing Meraki Leads services), as well as information on the type, date, time, and duration of the communication, among others.
We may need to access or reveal your data for the following reasons:
Providing you with Meraki Leads services as needed.
Addressing technical issues, offering support, or maintaining our services.
Protecting Meraki Leads, other users, or the general public.
Responding to an emergency.
Complying with the law.
“User content” refers to any content exchanged through the use of Meraki Leads services, including text messages, voice and video media, images, sound, and other types of content.
By using Meraki Leads services, you acknowledge that you have read and understood our Privacy Policy, which outlines how we collect, store, and use your user data. If you disagree with our Privacy Policy, please discontinue using Meraki Leads services.
You authorize us to use and disclose your user data as necessary to (a) provide the Meraki Leads services in compliance with our Privacy Policy and these terms of service, which includes detecting, preventing, and investigating security incidents, fraud, or illegal use of the Meraki Leads services; (b) respond to technical problems or user inquiries and ensure the appropriate functioning of the Meraki Leads services; (c) protect ourselves, our other customers, and the general public from harm or illegal activities, or protect the Meraki Leads services; (d) respond to an emergency that we believe in good faith requires us to reveal user data to prevent a death or serious bodily injury; or (e) comply with any relevant law, regulation, legal process, or government request.
The term “Law” refers to any government-issued statutes, ordinances, regulations, rules, judgments, or orders, including but not limited to data protection laws, privacy laws, laws requiring user consent or notice, state, federal, and international laws related to recording or monitoring of communications, the U.S. Foreign Corrupt Practices Act, Federal Communications Commission rules, anti-spam statutes, including the CAN-SPAM Act of 2003, and laws prohibiting unsolicited communications, such as the Telephone Consumer Protection Act of 1991 (TCPA).
We have restrictions and requirements that you must abide by, including not transferring or reselling our services, not using our services to violate the law, these terms, or anyone else’s rights, and ensuring that Meraki Leads can use your data as necessary to provide our services, and not reverse engineering any software we provide.
To use Meraki Leads services, you must abide by the following restrictions and requirements:
You cannot transfer, resell, lease, license, or make the services available to third parties or offer them on a standalone basis.
You are responsible for ensuring that the services are used in compliance with all applicable laws and third-party rights, as well as these terms.
You permit us to use your user data as necessary to provide the services.
You cannot use the services in a manner that violates any applicable laws.
You cannot reverse engineer, decompile, disassemble, create, or derive the source code of any software provided with the Meraki Leads services, except as allowed by applicable law.During your use of the Meraki Leads services, we may present you with opportunities from our network of Service/Lead Partners. These Service/Lead Partners compensate us for providing them with Leads. It is important to note that any products or services you purchase from our Service/Lead Partners are not Meraki Leads products or services, but rather are being offered by third parties. When you accept a Lead to one of our Service/Lead Partners, you are giving us permission to share your information with them so they can offer their products or services to you. We may provide Leads to our third-party partners through the Meraki Leads services. These Service/Lead Partners may offer you additional products and services. We are compensated by these partners for providing Leads. Should you choose to engage with a Service/Lead Partner, you will be required to accept their terms of service as part of the Lead process. It is the Service/Lead Partner’s responsibility for the products or services offered, the content therein, and any claims you or others may have relating to the products and services. By accepting a Lead to one of our Service/Lead Partners, you acknowledge that you are purchasing any products or services offered by the Service/Lead Partner directly from them. Meraki Leads is not a party to any agreement between you and the Service/Lead Partner. As such, Meraki Leads is not responsible for the Service/Lead Partner’s products or services, the content therein, or any claims you or others may have relating to those products and services. When you accept a Lead to one of our Service/Lead Partners, you are granting us permission to share your information with the Service/Lead Partner so they can offer their products or services to you.The term “Confidential Information” refers to any information or data, whether in Meraki Leads form or not, that has been disclosed by either party and is marked or identified as confidential or proprietary, or which should reasonably be understood to be confidential based on the nature of the information and the circumstances of the disclosure. However, Confidential Information does not include information that: (a) is available to the public without any involvement of the receiving party; (b) the receiving party was already aware of, without any restrictions, before being disclosed by the disclosing party; (c) was lawfully disclosed to the receiving party by a third party who was not in violation of the disclosing party’s rights; or (d) was independently developed by the receiving party without using or referring to the Confidential Information provided by the disclosing party.The recipient of Confidential Information agrees to use it only in accordance with these Terms and not to disclose it to any third party without the prior written consent of the disclosing party, except as allowed under these Terms. However, Meraki Leads is permitted to use and share your Confidential Information with Service/Lead Partners as necessary to provide its services. The recipient agrees to take reasonable care to protect the Confidential Information from unauthorized use or disclosure and may only share it with employees, representatives, investors, and subcontractors who have a legitimate need to know and are bound by the same confidentiality obligations. In the event that the recipient is required by law to disclose Confidential Information, they will promptly notify the disclosing party and cooperate with them to prevent such disclosure, but if necessary, they may disclose the Confidential Information to the extent required by law. The parties acknowledge that a breach of this provision may cause irreparable harm, and therefore, the non-breaching party may seek injunctive relief without waiving any other rights or remedies available to them. Each party will notify the other in writing of any violations of this provision.Warranty Disclaimer: We offer Meraki Leads services “as is” and provide no warranties or representations regarding these services.We explicitly deny any and all warranties, whether explicitly stated or implied, including, but not limited to, warranties of merchantability, non-infringement, fitness for a particular purpose, and warranties concerning third-party equipment, material, services, or software. The Meraki Leads services are offered “as is” to the maximum extent permitted by law. In cases where this disclaimer contradicts applicable law, the extent and duration of any relevant warranty will be limited to the minimum permitted under that law.Indemnification: Meraki Leads will not be responsible for any bills, damages, or costs resulting from any claims arising from your use of our services. You agree to indemnify Meraki Leads against all claims related to your use of our services.Meraki Leads will not have any liability or obligation for any claims, demands, actions, suits, or discovery demands, including but not limited to third-party subpoenas, government investigations or enforcement actions (“Claim”), and any damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorney’s fees and costs) (“Losses”) arising out of your use of the Meraki Leads services.
You will defend, indemnify and hold harmless Meraki Leads, its officers, directors, employees, members, stockholders, and affiliates (“Meraki Leads Indemnified Parties”) against all claims brought or threatened by a third party against a Meraki Leads Indemnified Party and any Losses related thereto alleging or arising out of your breach of or activities under these Terms or your use of the Meraki Leads services.
As a condition of your indemnification obligations, Meraki Leads will promptly notify you of any Claim, and you will have the sole authority to defend or settle any such Claim, provided that you will obtain Meraki Leads’s consent in connection with any act or forbearance required by Meraki Leads. Meraki Leads will reasonably cooperate with you in connection with your activities under this provision at your sole expense. You reserve the right to participate in the defense of a Claim at your own expense. You will pay all Losses following notice of the Claim. However, you may not settle any Claims for which you have an obligation to indemnify admitting liability or fault on behalf of Meraki Leads, nor create any obligation on behalf of Meraki Leads without Meraki Leads’s prior written consent.
Limitation of Liability: Neither party will be liable to the other party for any indirect, special, incidental, consequential, or punitive damages of any kind, including damages for loss of goodwill, lost profits, lost sales or business, work stoppage, computer failure or malfunction, lost data, or any other damages or losses, whether in tort, contract or otherwise. This applies even if a party had been advised, knew, or should have known of the possibility of such damages. However, this section will not limit (A) your liability for breaching the restrictions and requirements section, (B) either party’s liability for breaching the confidentiality section, or (C) either party’s indemnification obligations under these terms.
Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, will either party be liable to the other party for any direct damages, costs, or liabilities that exceed the amounts paid or payable by you during the twelve (12) months preceding the incident or claim. This section will not limit (A) your liability for breaching section 5 (Restrictions and Requirements) or section 10 (Fees, Payment Terms, and Taxes), (B) either party’s liability for breaching section 11.4 (Confidentiality), or (C) either party’s indemnification obligations under these terms. The purpose of this section 14 is to allocate the risks between the parties as per these terms, and the parties have relied on the limitations set forth herein in determining whether to agree to these terms.
Term and Suspension: By clicking “I Accept” or using the Meraki Leads services, you agree to these Terms, which will be effective from that date and will continue until terminated as described below (“Term”). We may suspend the Meraki Leads services immediately if we have reason to believe you have violated these Terms, if your use of the services is fraudulent or negatively impacting the services, or if it has become illegal or impractical to provide the services. We will make a reasonable attempt to notify you prior to any suspension if possible.
Compliance with Laws: Both you and Meraki Leads must comply with applicable laws related to our activities under these Terms.
No Waiver: Our failure to enforce any provision of these Terms does not waive our right to do so in the future. Even if we do waive a provision, it is not waived for all time unless it is in writing and signed by both parties.
Assignment: You cannot transfer these Terms without our written consent. Any attempt to transfer them will be null and void.
Unenforceability: If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, it will be limited or eliminated to the minimum extent necessary to make it enforceable. The rest of these Terms will continue to be in full force and effect.
Notices: Any notice required or permitted under these Terms must be given in writing to the receiving party by personal delivery, certified mail, overnight delivery, or email with confirmation of receipt. Notices to Meraki Leads should also be copied to Info@merakireferrals.com, Attn: General Counsel.
Entire Agreement: These terms and their attachments replace all previous and current proposals, statements, marketing materials, presentations, and agreements, both oral and written. Any information or advice given by Meraki Leads’s employees or members, whether written or oral, does not create any additional warranty or expand the scope of the warranties mentioned in these terms. If you provide any purchase order document or similar document, it will only serve as evidence of your internal business processes, and its terms and conditions will be void and have no effect on these terms between you and Meraki Leads, even if Meraki Leads signs it after you accept these terms.
Force Majeure: If a party fails to perform any obligation due to a cause beyond its control and without negligence, such as a natural disaster, civil or military authority’s action or inaction, fire, strike, lockout, or other labor disputes, terrorist acts, war, riot, theft, earthquake, etc., it will not be considered an event of default or a breach of these terms. The affected party must take all reasonable actions to minimize the consequences of such a cause.
Governing Law and Venue: The Federal Arbitration Act will govern the enforceability and interpretation of the arbitration agreement section below. Apart from the arbitration provision, these terms will be interpreted according to the laws of the State of Virginia without regard to any conflicts of laws or principles that might cause the laws of another jurisdiction to apply. The United Nations Convention on Contracts for the International Sale of Goods will not govern these terms. Any legal action arising out of or related to these terms or Meraki Leads services will be brought in state or federal courts in Virginia, and both parties agree to the personal jurisdiction of these courts.
Agreement to Arbitrate: Before initiating any formal legal case, the parties should first attempt to resolve the dispute through Meraki Leads ’s Customer Support. If the dispute remains unresolved, both parties agree to resolve any dispute relating to these terms or Meraki Leads services through binding arbitration in Austin, Virginia, or any other location agreed upon by both parties. This applies to all claims under any legal theory unless the claim falls under one of the exceptions mentioned in the “Exceptions to Agreement to Arbitrate” section. The agreement to arbitrate remains effective even after the parties stop using Meraki Leads services, and any dispute about the agreement’s enforceability or applicability will be resolved by the arbitrator.
The parties agree that disputes related to intellectual property (e.g. trademarks, trade dress, domain names, trade secrets, copyrights or patents) will be resolved in court instead of through arbitration. However, if one party brings a claim to court that should be arbitrated or refuses to arbitrate a claim that should be arbitrated, the other party can request the court to compel arbitration. Before initiating arbitration, both parties agree to attempt to resolve the dispute through mediation conducted by the American Arbitration Association (AAA), with mediator fees and expenses split evenly. If mediation is unsuccessful, either party may commence arbitration proceedings with AAA, governed by its Commercial Arbitration Rules. Each party may obtain non-privileged relevant documents and take a reasonable number of depositions. The statute of limitations for claims or counterclaims is not altered. The arbitration award will be based on evidence and applicable law and will be final and binding, and judgment may be entered in any court of competent jurisdiction. The parties agree not to bring claims or controversies on behalf of others in any class, consolidated, or representative action. If the class action waiver provision is deemed unenforceable, the entire arbitration agreement will be null and void, but the rest of the terms will remain in effect
