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Buyer’s Terms and Conditions Agreement Terms and Conditions The web sites located at www.greathealthleads.com and www.leadblazers.com hereinafter jointly referred to as (Website), are owned and operated by Lead Blazers, LLC. By finalizing the on line application process at GreatHealthLeads.com’s web site located at, www.leadblazers.com, the person or entity identified by the license number on the final page of this Agreement ("the Buyer") has read this entire Agreement and agrees to the following terms and conditions; 1. Leads 1.1 Leads; Buyer shall indicate whether or not he/she agrees with this entire Agreement by clicking "continue” at the end of the document. If Buyer clicks “continue” Lead Blazers will forward via email to the Buyer referrals of people requesting quotes (a "Lead"), all in accordance with this Agreement and the terms and conditions for the Website which are incorporated herein by reference (the “Terms and Conditions"). Such information provided with each Lead, including but not limited to any personal and contact information regarding the lead, shall be referred to herein as "Information". The Buyer will select the number of Leads to be purchased (“Purchased Leads”) however Lead Blazers at its sole discretion selects the actual Leads furnished to Buyer. The Leads will contain at least the following contact information for that Lead: name, phone number, city, state, and zip code and other Information that Lead Blazers deems applicable. The Buyer agrees to respond to every Lead within two business days. The Buyer agrees not to distribute, disclose, share, or re-sell Leads to any third party, without express written permission from Lead Blazers. Purchased Leads may not be stored or used in an archival database or other searchable database unless expressly permitted by this Agreement. The Buyer shall conduct all discussions with the Lead in a lawful and businesslike manner and verify all information for accuracy prior to issuing quotations or any other information or writing any insurance policy. The Buyer shall use the Lead only for qualifying and sending the Lead the quotation requested by such. The Buyer may not add Information from the Lead to any newsletter, magazine or other third party communication. 1.2 Type of Lead; Lead Blazers only provides Health Insurance Leads obtained through a Website. 1.3 Use of Lead Blazers’ Name and Logo; The buyer is permitted to use the Lead Blazers’ name only for the purposes of identifying to the Purchased Lead where the Lead originated. The Buyer has no right to use the Lead Blazers or Website name, logo, or other intellectual property for any other purpose. The Buyer will not say anything to the Lead or any third party to suggest that it is acting on behalf of Lead Blazers or that Lead Blazers has approved of or endorsed its products or services. 2. Fees 2.1 Fees; Buyer will maintain a valid Credit/Debit Card (“Buyer’s Card”) on file to pay for Purchased Leads. Buyer will have an account (“Buyer’s Account”) and pay in advance for purchasing Leads by selecting a pre-payment/deposit for a minimum amount of one-hundred dollars( $100.00) hereinafter (“Deposit”) to be charged on Buyer’s Card. Buyer shall pay all applicable sales, use, transfer and other taxes and all duties which are levied or imposed by reason of the transaction(s) contemplated hereby, excluding, however, income taxes on net profits which may be levied against Lead Blazers. Lead Blazers will debit Buyer’s Account for each Purchased Lead. The fee for each Purchased Lead is as set forth in the on line application process on the Website (“Fee”). Each Deposit and/or automatic Deposit charge to Buyer’s Card shall be in accordance with the Terms and Conditions of this Agreement. By agreeing to the Terms and Conditions of this Agreement, Buyer hereby authorizes each such charge to be made to Buyer’s Card or the bank. Additionally Buyer hereby represents and warrants that Lead Blazers is empowered to bind Buyer to said obligations. Any issues regarding charges to Buyers Account must be brought to Lead Blazers via email to support@greathealthleads.com, within 48 hours of the time Buyer knew, or should have known, that the issue existed but not later than 15 days from the date of such disputed charge. After such date all Fees shall be considered final and due and payable. 2.2 AUTOMATIC DEPOSIT CHARGE; From time to time if Buyer’s Account has a balance of twenty dollars ($20.00) or less, a Deposit charge will automatically be drawn against Buyer’s Card for one-hundred dollars ($100.00). For example if at any time the remaining balance in Buyer’s Account is twenty dollars ($20.00) a Deposit charge will be made to Buyer’s Card in the amount of one-hundred dollars ($100.00). This automatic Deposit charge will be billed directly to Buyer’s Card on a continuous basis until Buyer cancels its access to purchase additional Leads and is non-refundable. Buyer may cancel upon at least 15 days prior written notice to Lead Blazers in accordance with section 4.2 below. Your cancellation does not provide for refunds. Buyer’s cancellation simply stops future Deposit charges and access to purchase additional Leads. If a charge or draft is disapproved by the financial institution, Lead Blazers will notify Buyer via email, phone, or fax, and Buyer must cure the disapproval. At any time the Buyer’s Account has an insufficient balance for the purchase of new Leads, Lead Blazers reserves the right to immediately suspend or terminate Buyer’s Account without prior notice and/or Buyer’s reserved geographic areas, if any, may be forfeited, at Lead Blazers’ sole discretion. When a new Deposit has been successfully charged, Buyer’ Account may be reactivated, in Lead Blazers’ sole discretion. If disapproval is not cured within seven (7) days of the date of the notice, Lead Blazers reserves the right to charge an administrative fee in the amount of twenty dollars ($20.00) and pursue any other available remedy. Lead Blazers is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from any charges billed by Lead Blazers. 2.3 Credit Procedure; At Lead Blazers' sole discretion, the Buyer's account may be credited, with a new and valid lead, for a Purchased Lead previously charged to the Buyer's account for any Lead that : (a) is not submitted by a real person (fictitious Lead); (b) is submitted by a competitor; (c) has phone contact information which is disconnected and a connected phone cannot be found; (d) is submitted outside the service territory specified in the Agreement; or (e) is subject to medical conditions so extreme that no insurance carrier in that state would be capable of issuing a policy on the insured. In order to be eligible to receive a credit for any Purchased Lead for which the Buyer believes it is entitled to receive a credit based on the above criteria, the Buyer's account with Lead Blazers must be current (i.e. no "past due" balances or outstanding invoices), the Buyer must notify Lead Blazers by submitting the credit request to Lead Blazers within 10 calendar days of receipt of the lead. Lead Blazers reserves the right to contact the Lead and, if it determines that the Lead satisfies one of the criteria listed above, will credit the Buyer's Lead Blazers account by issuing a new and valid lead at no charge to replace the one submitted for credit. 2.4 Fees Subject to Change; The Fees set forth in this Agreement are subject to change. Lead Blazers will notify the Buyer through either Website or in writing of any amendment including a Fee rate change. Any use by Buyer of the Website or services 15 days after posting of a notice of amendment(s) on the Website or otherwise provided to Buyer shall be deemed to constitute Agreement by Buyer to the amended Agreement. 2.5 Nonpayment; In the event of non-payment of any charges, expenses or Fees hereunder, Lead Blazers reserves the right to suspend or terminate the Buyer's account until such charges are paid. It may also charge interest, at the amount of 18% APR, on balances unpaid for more than ten (10) days, in which case interest charges will accrue from the last day of the statement period with respect to any unpaid invoice. Any changes to the Buyer's credit card information provided in this Agreement must be updated via our Website or reported to Lead Blazers within three (3) days of the change. If the credit card is disapproved by the issuing institution, the Buyer will still be responsible for any previous or current charges. Lead Blazers is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Lead Blazers. The Buyer agrees to pay all collection, attorney fees and/or court costs incurred by Lead Blazers in its effort to collect any unpaid balance due to Lead Blazers. 3. Account Password and Security In order to access the GreatHealthLeads.com website, the Buyer will be assigned a user name and password and will keep the user name and pass word confidential and be fully responsible for all activities that occur under the user name and password. The Buyer agrees to immediately notify Lead Blazers if any unauthorized use of the username or password or any other breach of security. Lead Blazers cannot and will not be liable for any loss or damage arising from Buyer's failure to comply with this section. Buyer shall be responsible for any access to or use of the Website by Buyer or any person or entity using a password provided by Lead Blazers to Buyer, whether or not such access or use has been authorized by or on behalf of Buyer, and whether or not such person or entity is an employee or agent of Buyer. Lead Blazers shall have the right, in its sole discretion, to deactivate, change and/or delete Buyers’ password(s). Lead Blazers may upgrade, modify, change or enhance the Website and convert Buyer to a new version thereof at any time in its sole discretion 4. Buyer’s Account Information and Termination 4.1 Agreement Date; The effective date of this Agreement is the date of activation of the Buyer's Account. 4.2 Termination; Lead Blazers may terminate this Agreement at any time without prior notice. The Buyer may terminate this Agreement at any time following the entire utilization of the original Deposit by written notice via fax to Lead blazers (fax number 281-605-5117), subject to 15 days processing such notice. Also Buyer may access their account at any time via the Website with their username and password to inactivate or activate his or her account at any time. When inactive, the Buyer will not receive any Leads until he or she logs onto their account and reactivates. Upon termination by either party Lead Blazers at its sole discretion will charge the Buyer's Card for any outstanding fees or refund any balance due (in the form of leads) and will send the Buyer a final statement via e-mail. Any requests for credits pursuant to paragraph 2.2 of this Agreement must be submitted within fifteen (15) days of either party’s notice of intent to terminate. Lead Blazers may, at Lead Blazers’ sole discretion, suspend service at any time. 5. Buyer’s Representations and Warranties The Buyer represents and warrants that: (1) at all times, the information and actions represented to Lead Blazers is truthful and not misleading, (2) the Buyer is authorized and licensed to provide the services and products related to any Purchased Leads hereunder, (3) will Comply with any and all federal, state, local and industry laws, rules, regulations or requirements up to and including licenses necessary to offer and/or sell by Buyer in the state(s) in which any geographic area is selected by Buyer, (4) Quote only those companies for which Buyer is authorized and/or licensed to offer and/or sell, (5) Abide by the Website Privacy Policy. 6. Indemnification Buyer agrees to defend, indemnify and hold harmless Lead Blazers, its subsidiaries, affiliated companies, licensees, licensors and suppliers, and their directors, officers, agents and employees (collectively, the "Indemnified Parties"), with respect to any claim, demand, cause of action, debt, liability and expense (including reasonable attorneys’ fees, costs and expenses) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED arising from any dispute with a Lead or any breach of this Agreement by Buyer, or in connection with Buyer’s use or misuse of the Website or services hereunder. Lead Blazers reserves the right to approve Buyer’s counsel to defend any such claims, which approval will not be unreasonably withheld, and to approve any settlement thereof. Lead Blazers also reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Agent hereunder. 7. Disclaimers 7.1 Lead Blazers’ Warranties; Any Information provided under this Agreement by Lead Blazers is believed to be accurate but is provided "as is", Lead Blazers makes no representations or warranties, express, implied, statutory or otherwise, as to the accuracy of, or completeness of or the success that may result from any Purchased Leads. Neither Lead Blazers, nor any of its affiliates, directors, officers, employees, agents or consultants shall have any liability whatsoever with respect to the use of any Leads furnished under this Agreement. Any decision or action taken by Buyer with respect to this Agreement shall be based solely on its independent judgment. 7.2 Lead Blazers is a Conduit; Lead Blazers is not involved in any actual transactions between Buyers and the Leads being provided by this program. As a result, Lead Blazers has no control over the ability of Leads to purchase insurance or qualify for insurance. Lead Blazers cannot and does not control whether or not a Lead will complete the purchase of items for which they have requested proposals or quotes. Because a Lead’s authentication on the Internet is difficult, Lead Blazers cannot and does not guarantee that each Lead is who they claim to be. Buyer and Purchased Leads will be able to communicate directly with each other before any transaction is complete. BUYER IS RESPONSIBLE FOR ITS RELATIONSHIP WITH LEADS AND FOR SEEKING ANY REMEDIES AND REDRESS DIRECTLY FROM SUCH LEAD IN THE EVENT OF ANY DISPUTE. NO ACTION SHOULD BE TAKEN OR RELIANCE UPON INFORMATION PROVIDED BY LEAD BLAZERS WITHOUT FURTHER VERIFICATION, AND BY ACCEPTING OR USING ANY SUCH INFORMATION, RECIPIENT EXPRESSLY AGREES, AT HIS,HER, OR ITS OWN EXPENSE, TO VERIFY ALL INFORMATION PRIOR TO USING IT FOR ANY PURPOSE. 8. Limitation of Liability IN NO EVENT SHALL LEAD BLAZERS, ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS OR EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS OR ANTICIPATED BUSINESS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ATTORNEY FEES OR COURT COSTS ARISING FROM OR RELATING TO THIS AGENT AGREEMENT, THE SUBJECT MATTER HEREOF OR THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INFORMATION PROVIDED BY, TO OR THROUGH LEAD BLAZERS, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE. THE AGGREGATE LIABILITY OF LEAD BLAZERS, ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS AND EMPLOYEES, FOR ANY OTHER DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SUBJECT MATTER HEREOF, OR THE WEBSITE OR SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED THE AMOUNTS RECEIVED BY LEAD BLAZERS DIRECTLY FROM BUYER PURSUANT TO THIS AGREEMENT DURING THE CALENDAR QUARTER DURING WHICH SUCH CLAIM(S) ACCRUED. 9. Scope of Use Subject to the terms and conditions of this Agreement and the terms and condition on the Website, including, without limitation, the Lead Fee. Buyer’s payment of all applicable fees, Lead blazers hereby grants to Buyer a limited, non-exclusive, non-assignable, non sublicensable, non-transferable license, solely during the term of this Agreement, to access and use the Website remotely over the Internet, solely for Buyer’s internal business purposes in connection with its use of the referral services provided by Lead Blazers under this Agreement and solely using the username and password provided to Buyer hereunder. Any other commercial information, data or other materials on or through the Website is strictly prohibited. In no event shall Buyer use any trademark, trade name, use or exploitation of the Website or any content, code, service mark, icon, logo or other indicator of Lead Blazers or the Website without Lead Blazers’ advance, expressed, written permission in each instance. The license granted herein is granted solely to Buyer, and not, by implication or otherwise, to any parent, subsidiary or affiliate of Agent. All rights not expressly granted hereunder are reserved to Lead Blazers. 10. Proprietary Rights As between Buyer and Lead Blazers, Lead Blazers owns, solely and exclusively, all rights, title and interest in and to the website, including, but not limited to, all the content, code, information, data and other materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, information, data and other materials on the Website, including but not limited to all copyright, trademark, trade name, service mark, patent, trade secret, moral, database and other intellectual property and proprietary rights inherent therein or appurtenant thereto. . 11. Law governing Agreement. Lead Blazers and Buyer, or its designated entity agrees that the laws governing this Agreement shall he under the laws of Texas with venue being Houston, Harris County. This Agreement shall he interpreted pursuant to Texas Laws and Statutes. 12. AGREEMENT SUBJECT TO ARBITRATION ANY DISPUTE ARISING BETWEEN LEAD BLAZERS AND BUYER SHALL BE SUBMITTED TO BINDING ARBITRATION, SUCH ARBITRATION TO BE HELD UNDER THE RULES OF ARBITRATION SET BY THE AMERICAN ARBITRATION ASSOCITATION. ARBITRATION WILL BE HELD IN HOUSTON, HARRIS COUNTY, AND TEXAS. THE PARTIES AGREE THE ARBITRATION AWARD MAY BE ENFORCED AS ? JUDGMENT BY PETITION TO ANY FEDERAL COURT IN THE UNITED STATES AND HOUSTON, HARRIS COUNTY, TEXAS HAVING PROPER JURISDICTION OR ANY OTHER COURT WHICH HAS PROPER JURISDICTION OVER THIS AGREEMENT. BUYER ACKNOWLEDGES THAT BUT FOR THE CONSIDERATION CONTAINED IN THIS SECTION REGARDING ARBITRATION LEAD BLAZERS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. 13. Miscellaneous a. Lead Blazers may provide leads to any other third party or entity at any time, except as expressly set forth in this Agreement. The Buyer and Lead Blazers are independent entities. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. b.THE PARTIES AGREE THAT THE RULE OF CONSTRUCTION "THAT A CONTRACT BE CONSTRUED AGAINST THE DRAFTER, IF ANY," NOT BE APPLIED IN THE INTERPRETATION AND CONSTRUCTION OF THIS AGREEMENT. c.The Terms and Conditions along with this Agreement describe the entire Agreement between Lead Blazers and the Buyer and supersede any other verbal or written Agreements regarding the subject matter of this Agreement. Any amendments to the Terms and Conditions made by Lead Blazers by posting such amendments on either Website from time to time and excluding any brochures, literature and service descriptions, located on the Website or in any other medium represent the entire Agreement hereunder. Any use by Buyer of the Website or services 15 days after posting of a notice of amendment(s) to this Agreement on the Website or otherwise provided to Buyer shall be deemed to constitute Agreement by Buyer to the amended Agreement. d.If any portion of this Agreement is found invalid, such invalidation will not invalidate the remainder of this Agreement. e. This Agreement may not be assigned by Buyer or transferred by operation of law to any other person or organization without the express written approval of Lead Blazers. This Agreement is not intended to be enforceable against Lead Blazers by any party other than Buyer, and is expressly not intended to be enforceable by any third party. No waiver of any breach or condition of this Agreement by either party shall be deemed to be a waiver of any other or subsequent breach or condition, whether of like or different nature. f. The Indemnification provisions set forth in the Agreement, and any other provision, which by its sense and context is appropriate, shall survive the termination of this Agreement by either party for any reason. g. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify, or place any construction upon or on any provisions of Agreement, h. Neither party shall be in breach of this Agreement in the event it is unable to perform its obligations under this Agreement as a result of natural disaster, war, or emergency conditions. 15. Notices Unless otherwise specified in the Agreement, any and all notices and other communications which are required or may be given under this Agreement shall be in writing and sent by the United States mails, certified mail return receipt requested, first-class postage prepaid to the party’s last known address or via facsimile. The date of the mailing or facsimile shall be deemed the date of notice. 16. Signature The signing Party accepting this Agreement by completing the agent license number and clicking “continue”, represents and warrants to Lead Blazers that it has the right and authority to enter into this Agreement and to bind such Party to the rights and obligations set forth herein. Buyer agrees to be legally bound by this Agreement and any amendments to this Agreement made in accordance with the Terms and Conditions, including but not limited to amendments pursuant to sections 2.4 and 13.c. above as well as any amendments accepted by a signed writing or any conduct which consists of an intentional affirmative action indicating assent thereto, such as clicking on the "Continue" button or hypertext link or the sending of an affirmative e-mail response by Buyer.