Converge Marketing, LLC (“Converge,” “we,” “our,” or “us”) owns and operates each website that displays these Terms of Use (each, a “Website”). We provide a variety of advertising and marketing services to our clients, including lead generation and related analytics services.

Your use of the Website is offered to you, on a conditional basis that you accept the following terms, conditions, and notices contained in this agreement (the "Terms of Use"). Your use of this Website or submission of service requests via telephone or otherwise, constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms of Use apply to any services or properties such as websites or applications owned and operated by us and on which a link to these Terms of Use appears. If you have any questions regarding these Terms of Use, you may contact us using the Contact Details provided. We may amend these Terms of Use at any time by posting a revised version of these Terms of Use.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or our services.

This Website may provide information or offers from our partners, affiliates, or clients. We are not responsible for the offers, products and services that are provided by any third party nor are we responsible, directly or indirectly, for your eligibility for any offers, products and services. Please pay careful attention to the terms of any such offers, products and services on our Website as well as any terms provided by third parties.

Information we provide you on our Website may only be available for certain periods of time, certain geographical locations and other qualifications from time to time. We reserve the sole and absolute right to change these Terms of Use at any time.

THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN YOU AND US OR ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO USE OF THIS WEBSITE AND/OR OUR SERVICES (INCLUDING ANY ALLEGED BREACH OF THESE TERMS OF USE) SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW.

YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE, PARTICIPATE IN OR MAINTAIN AGAINST US OR ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

BY USING THE WEBSITE AND/OR OUR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING BEFORE THE ARBITRATOR. THE ARBITRATOR CAN GRANT ANY RELIEF THAT A COURT CAN, BUT YOU SHOULD NOTE THAT ARBITRATION PROCEEDINGS ARE USUALLY SIMPLER AND MORE STREAMLINED THAN TRIALS AND OTHER JUDICIAL PROCEEDINGS. DECISIONS BY THE ARBITRATOR ARE ENFORCEABLE IN COURT AND MAY BE OVERTURNED BY A COURT ONLY FOR VERY LIMITED REASONS. FOR DETAILS ON THE ARBITRATION PROCESS, SEE OUR ARBITRATION PROCEDURES.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.

Should you have a dispute with respect to any offers, products, or services provided by a third party or the fees charged by any third party, you must address such dispute directly with the third party. YOU HEREBY AGREE TO RELEASE US (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS WHATSOEVER OR HOWSOEVER (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY THIRD PARTY.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate our company, a company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To actually or substantially recreate our Website or content or compete with us in any way.
• To solicit or harass service providers.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to us for any such damages and will indemnify us in the event of any claims against us based on or arising from your violation of the foregoing. We reserve the right to block your access to the Website at any time if we determine or suspect in our sole and absolute discretion that you are misusing or attempting to misuse the Website or circumvent us.

We reserve the right, in our sole and absolute discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

We cannot and do not guarantee products, or services of any third party. We will never ask you for or accept any financial payments for third party products or services. The contract for any offer, service or product and any payments associated with the same, will strictly be entered into by you and such third parties. We have no responsibility whatsoever or howsoever to any contract between you and a third party and any aspects arising from a contract for an offer, service or product.

Please refer to our Privacy Policy for information on how we collect and use your personal data.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, , AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION ON OUR WEBSITES, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO US AND OUR CLIENTS, PARTNERS, AND SERVICE PROVIDERS FOR ANY LOSSES OR EXPENSES ASSOCIATED WITH YOUR ACTIONS WHICH COULD BE THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

You acknowledge and agree that we or our clients, partners, or service providers may monitor and/or record any telephone calls regarding a marketing or promotional offer.

We may provide certain content on our Websites, apps (if applicable), email and via mobile applications owned and operated by us. Such content is provided "as-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such content. You understand and agree that the content does not provide advice, and that such content is no substitute for the advice of a professional.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The company name, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks or servicemarks of the company or its affiliates or licensors. You must not use such marks without the prior written permission of the company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks or servicemarks of their respective owners.

The links in the Websites or apps (if applicable) may let you leave the Websites. The linked websites are not under our control and we are not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. We are expressly not responsible for any form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply (directly of indirectly) an endorsement by us of the site.

YOU AGREE TO INDEMNIFY US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, CLIENTS, SERVICE PROVIDERS, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF OUR WEBSITES OR SERVICES.

In the event that the arbitration agreement above is for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

These Terms of Use, and any dispute between you and us, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that the arbitration agreement shall be governed by the Federal Arbitration Act.

You acknowledge and agree that the our Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Our sole obligation to you or any third party for any claim arising out of your use of our Services, is that you are free to discontinue your use of our Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Terms of Use will inure to the benefit of our successors, assigns and licensees. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our services governed by these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are governed by the laws of the State of New York. You agree to submit to jurisdiction in New York and that any claim arising out of or related to these Terms of Use will be brought solely in a court in New York, New York. These Terms of Use constitute the entire agreement between you and us and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.

We may amend these Terms of Use from time to time.

Converge Marketing, LLC | 25 W. 39th St., 6th Floor, New York, NY 10018