Terms and Conditions

YOUR ACCESS TO OR USE OF THE KODIAKLEADS.COM (AND ALL ASSOCIATED SERVICES INCLUDING KODIAKLEADS.LEADPORTAL.COM) WEBSITE (THE “WEBSITE”) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL OF THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU (ALSO REFERRED TO AS A “USER”) MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE AND THE SERVICES ACCESSIBLE BY YOU THROUGH YOUR USE OF THIS WEBSITE (HEREINAFTER REFERRED TO INDIVIDUALLY AND COLLECTIVELY AS THE “SERVICE”).

1. Description of Website. The Website and the Service are made available by Kodiak Leads (“Provider”). The information and the Service on the Website are not intended to provide and should not be construed as providing legal advice. The Service is an interactive computer service that allows Users of the Provider Website to conduct targeted searches of Provider’s directory of contractors who pay to be listed in and to subscribe to the Service (“Subscribers”), and to initiate contact with Subscriber’s of the User’s choosing. The content on this Website, including but not limited to the Service, and other resources and information, is for personal use only.

2. Contractor Listings. The information about the Subscribers in the Service is provided by the Subscribers themselves. Provider does not warrant the validity of the information provided by Subscribers to the Service or the information submitted by or exchanged between Users and Subscribers. Provider does not guarantee, endorse, recommend or vouch for the quality of any Subscriber contractor services or expertise. Provider does not review the content of the listings that are provided by the Subscribers or any links to/from the Website. Provider is not responsible for any material or information contained in the linked sites or provided by Subscribers. A description or indication of expertise does not mean that any agency or board has certified such contractor as a specialist or expert in any indicated trade, nor does it mean that such contractor is necessarily any more expert or competent than any other contractor. All Users of the Website are encouraged to make their own independent investigation and evaluation of any Subscriber they might consider hiring for professional contractor services. Your use of information on the Website or materials linked from the Website is entirely at your own risk.

3. User Discretion. Users have sole discretion whether to contact or be contacted by any Subscribers via the Service and nothing in the Service is intended or should be interpreted as directing a User to contact or select a particular contractor. The determination of the need for contractor services and the choice of contractor are important decisions and should not be based solely upon listings or a Subscriber’s self-proclaimed areas of expertise. Users are solely responsible for verifying a Subscriber’s credentials and qualifications, for determining the necessity and adequacy of a Subscriber’s insurance coverage, and for the ultimate selection of any contractor they might make.

4. Do Not Disclose Confidential Information. Nothing submitted to this Website is treated as confidential. Because of the nature of the World Wide Web, any and all information provided through this Website and its Service is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Website and its Service may occur. Therefore, you should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Website or its Service. Users must describe their project in general terms only. Specific information should only be revealed outside the scope of the Service after the User has selected a contractor and been in further contact outside the Website and the Service (e.g. via telephone or appointment).

5. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, limited revocable license (1) to access and use the Website and its Service strictly in accordance with these Terms and Conditions; (2) to use the Website and its Service solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Service solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other notices contained therein.

6. Restrictions and Prohibitions on Use. 

1. Your license to access and use the Website and its Service are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by the Limited License paragraph above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website, Service or any information or materials retrieved there from; (2) use the Service or any other materials from the Website to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Service or any other materials from the Website; (4) use the Service or any other materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (6) make any portion of the Website or Service available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Website; (8) decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Website; (10) use the Website or Service for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Website or Service in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws and regulations of the United States.

2. You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Provider may report any such breach to the relevant law enforcement authorities and disclose your identity to them.  Provider will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

7. Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Website or its Service for purpose of gathering information for or transmitting unsolicited commercial email over the Internet to Subscribers or other third parties. Internet email sent to or through Provider’s computer systems or to Subscribers or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions. Provider prohibits the harvesting of email addresses from the Website for the purpose of sending unsolicited commercial email.

8. Intellectual Property Rights. Except for the limited license contained in the Limited License paragraph above, nothing in these Terms and Conditions grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Website, its Service and their content and any software used in connection with the Website and the Service are owned by Provider, its licensors, or Subscribers, as applicable. Except as expressly authorized by Provider, you agree not to modify, sell, distribute or create derivative works based on the Website, its Service, or any related software, in whole or part.

9. No Solicitation. You shall not distribute to any persons or entities identified via the Website or its Service any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Contractors are prohibited from soliciting employment from prospective customers through the Website or any of its interactive features. In interactive forums made available through this Website if any, you may discuss or recommend third-party Websites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Websites, products or services, or the recommendation of such. In no event may any person or entity solicit any Subscribers or create a directory of contractors through this Website or with data retrieved from this Website.

10. Registration or Submission of Personally Identifiable Information. Certain sections of this Website may require you to register or submit personally identifiable information. If this is requested, you agree to provide Provider with accurate, complete information, using your real name and accurate information. Each registration or submission is for your personal use only, unless specifically designated otherwise on the page where the information is requested. For those sections of the Website requiring registration, if any, Provider does not permit (a) any other person to use the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by contacting the Provider at the address provided on the Website.

11. License of Your Content to Provider. By uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

12. Linking to the Website. You may provide links to this Website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website and (b) you discontinue providing links to this Website immediately upon request by Provider.

13. Third-Party Content. Third-party content may appear on this Website or may be accessible via links from this Website. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider. You agree to abide by any terms, conditions and intellectual property rights of such third parties.

14. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.

15. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Provider reserves the right to remove any content or links that allegedly infringe another person’s copyright. Provider will terminate, in appropriate circumstances, any Subscriber or User accounts that might exist with respect to Provider’s system or network who are repeat offenders of another’s copyright. Notices to Provider regarding any alleged copyright infringement should be directed to the contact information listed in this Website Privacy Policy.

16. Representations and Warranties. You represent and warrant that (i) you will provide true, accurate and complete information as may be requested or required to use the Service; (ii) you will not permit third parties to use your email address, or use third parties’ email addresses, in connection with your use of the Service; (iii) you will not use the Service in any manner or for any purpose that violates any local, state, national, or international laws or regulations, or that infringes the intellectual property or privacy rights of others and (iv) you will not use the Service to transmit unsolicited commercial email or any information or materials that are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise similarly objectionable as determined by Provider in its sole discretion.

17. Errors, Corrections and Additions. Provider does not represent or warrant that the Website or its Services will be error- free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Website at any time and may add additional services to the website. All additional services shall be covered by these Terms and Conditions as part of this Website.

1. Lead Validity A lead is considered valid and billable if any of the following occur during the call:
   • An appointment is scheduled
   • Contact information is exchanged
   • Pricing or an estimate is provided
   • The lead is referred to another company
   • The call rings 4+ times before being unanswered
   • The call goes to voicemail, regardless of if a message is left
   • The call is answered by an automated system/call center, regardless of if connected to you
2. Dispute Lead
   • Any charged lead must be disputed within 24 hours of the time that the lead was received. DIsputed leads after this period will not be considered.
3. Pause/Cancel Account
   • You can pause your account at any time with no fees or penalties
   • There are no long-term contracts. Services can be cancelled at any time.

18. Disclaimer. THE WEBSITE AND ITS SERVICE IS PROVIDED ON AN “AS IS” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE WEBSITE, ITS SERVICE AND THEIR CONTENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, ITS SERVICE AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE OR ANY THIRD PARTY COMMUNICATION DIRECTED TO YOU FROM ANY THIRD PARTY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEBSITE OR ITS SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR ITS SERVICE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.

19. Limitation of Liability and Damages. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM THE WEBSITE OR ITS SERVICE, FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS SERVICE OR FROM THESE TERMS AND CONDITIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEBSITE, ITS CONTENT; OR ITS SERVICE AND (B) YOUR PARTICIPATION IN INTERACTIVE AREAS OF THE WEBSITE INCLUDING BUT NOT LIMITED TO BLOGS, CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS AND (C) THESE TERMS AND CONDITIONS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU OR ANY THIRD PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES SHALL BE LIMITED TO $1.00.

20. Waiver and Release. You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, affiliates, and its and their directors, officers, employees and agents, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Service, any disclosure of information resulting from your use of the Service, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Service.

21. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claims, demands, actions, and judgments, including reasonable attorneys’ fees and costs, made by any third party, including a Subscriber, relating to or arising out of: (i) your use of the Website or its Service; (ii) any interaction or transaction between you and a Subscriber; (iii) your breach of these Terms and Conditions; (iv) your violation of any rights of a third party.

22. Termination. Provider may terminate your use of the Website or its Service immediately at any time if you breach any provisions of these Terms and Conditions, misuse the Website or its Service in any way, or use the Website or its Service in any way that interferes or interrupts the proper use of the Website or its Service by others. Misuse of the Service may cause irreparable harm to Provider, for which monetary damages will not be a sufficient remedy. As a result, in addition to any other remedies, Provider will be entitled to injunctive relief to prevent misuse of the Service.

23. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to any of the Provider’s Websites and their features.

24. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

25. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Provider will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Furthermore, you agree that you will not seek to have any dispute against any advertiser to whom you are referred heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

26. Governing Law, Jurisdiction. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Delaware, and you consent to the sole and eclusive jursdicitions of the Delaware Court of Chancery and any appellate court therefrom within the State of Delaware (or, if the Delaware Court of Chancery declines to accept jurisdiction over a particular matter, any state or federal court within the State of Delaware), in connection with any action, suit or other proceeding in connection with, arising out of or relating to this Agreement. THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING ANY MATTER, WHETHER SOUNDING IN TORT, CONTRACT, FRAUD, OR OTHERWISE, IN ANY WAY AIRING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE RELATIONSHIP AMONG THEM.

27. Privacy. Your use of the Website is also subject to the Provider’s Privacy Policy, which you may find on the Website. 

28. Modifications to Terms and Conditions. Provider reserves the right to change these Terms and Conditions at any time.  Updated versions of the Terms and Conditions will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions. Continued use of the Website after any such changes constitutes your consent to such changes.

29. Severability of Provisions. These Terms and Conditions incorporate by reference all notices and disclaimers contained on the Website and constitute the entire agreement between you and Provider with respect to access to and use of the Website. If any provision of these Terms and Conditions is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

1. Non-Assignment. These Terms and Conditions are not assignable or transferable and may not be sublicensed by you without Provider’s prior written consent. Provider may assign this Agreement in whole or in part.  No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions.