Participation Agreement for Businesses

Welcome to the LeadsOnline Participation Agreement for Businesses.

You will find that the contents of this standardized document serve to protect the interests of your business and customers, and those of your fellow business owners within the pawn and secondhand dealer communities, particularly with regard to privacy. LeadsOnline takes great measures to ensure the information you transmit is treated with respect and great care. Please review the following Agreement, and then simply click the "I have read and agree to the terms and conditions" checkbox on the previous page. Thank you.

Scope of Agreement

Participant owns and operates one or more stores that purchase pre-owned merchandise and/or use merchandise as loan collateral. Provider operates and maintains a confidential database of transaction information accessible to Law Enforcement Agencies for the purpose of identifying and locating stolen merchandise and persons suspected of crimes.

Participant desires to submit Data to Provider and Provider desires to receive Data from Participant pursuant to this Agreement. Provider shall make such Data available to Subscribing Law Enforcement Agencies for law enforcement purposes permitted by Gramm-Leach-Bliley Act of 1999 ("the GLBA").

Subject to the terms of this Agreement and in consideration of the mutual covenants stated below, Participant and Provider agree as follows:

Definitions

  1. "Authorized Users" means Law Enforcement Agencies duly authorized to utilize Provider's website and access Data pursuant to the GLBA Exceptions.
  2. "Data" includes the ticket number, item number, make, model, property description and serial number of merchandise sold to Participant or used as loan collateral by Participant, and other non-public personal information pertaining to any customer(s) involved in the aforementioned transactions (including, for example, customers’ names, addresses and identification numbers).
  3. "GLBA Exceptions" means the exceptions to the GLBA notice and opt-out rules for third party access to Data pursuant to § 313.14 and § 313.15(7) and § 313.15(2)(ii) (ii)
  4. "Law Enforcement Agency" means any municipal, county, state or federal government staffed and operated agency whose primary purpose is law enforcement, and/or criminal investigation.
  5. "On Hold Status" means, with respect to property purchased by Participant or used by Participant as loan collateral, that such property may not be sold, returned to the seller or borrower or otherwise disposed of by Participant until released to Participant.

Responsibilities of Participant

  1. Participant agrees to upload its Data to Provider's website on a daily basis, or as required by law in Participant's legal jurisdiction. Participant will follow reasonable instructions and procedures established and furnished by Provider for uploading Data.
  2. Participant agrees to make reasonable efforts toensure that all uploaded Data is complete and accurate. Participant shall correct any inaccurate or incomplete Data in as expeditious a manner as possible, or (if correction is not feasible) Participant shall notify Provider of the Data quality issue.
  3. Participant will utilize its own computer and maintain its own standard Internet connection to upload data to Provider's website.

Responsibilities of Provider

  1. Provider agrees to operate and maintain a database for the purpose of receiving Data from Participant. Provider also agrees to provide reasonable instructions and procedures for the input of Data by Participant.
  2. Provider agrees to limit access to the Data to those Law Enforcement Agencies permitted to access such Data pursuant to the GLBA Exceptions.
  3. Provider agrees to secure the Data using reasonable administrative and technical controls as required by the GLBA Safeguards Rule.
  4. Provider agrees to have in place appropriate technical and organizational measures to protect the Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.

Conditions for Participation in Provider's Website

  1. Provider reserves the right, at its sole discretion, to change, modify, add or delete any portion of this Agreement, in whole or in part, at any time, if required by local, state or federal law, rule or regulation after a 30-day notice to Participant. Participant may terminate this Agreement, effective immediately upon receipt of notice.
  2. Provider may monitor Participant's downloads to Provider's website, but Provider agrees to use and only disclose Data received from Participant or collected through Participant's use of Provider's website for the sole purpose described in Section 3.2 above.
  3. Because Provider does not verify Data being provided by Participant, Provider cannot and does not represent or endorse the accuracy or reliability of Data or information displayed or distributed through Provider's website. Submission of Data by Participant and any reliance by any Law Enforcement Agency upon any Data or other information displayed or distributed through Provider's website is at the Law Enforcement Agencies' Participant's sole risk.
  4. Provider reserves the right at all times to disclose any information as necessary to satisfy any local, state, or federal law, regulation, or to edit, refuse to post or to remove any Data, in whole or in part, that in Provider's sole discretion is inaccurate, incomplete or in violation of any local, state or federal law.
  5. By uploading Data or engaging in any other form of communication utilizing Provider's website, Participant hereby grants to Provider a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, distribute, display, reproduce, transmit, modify, edit and otherwise use such Data in accordance with and to the extent allowed by the terms of this Agreement. Participant hereby waives all rights to any claim against Provider for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, ownership rights and rights of attribution in connection with such Data.
  6. Participant acknowledges that by uploading Data to Provider's website, no confidential, fiduciary, agency, joint venture, contractually implied or other relationship is created between Participant and Provider other than pursuant to this Agreement.
  7. Participant understands and agrees that by entering into this Agreement, Provider has not and does not represent that Participant's participation or involvement in the Provider's website in any way limits or restricts a Law Enforcement Agency from utilizing other means to procure Data or other information from Participant.

Term

  1. This Agreement will become effective as of the date acknowledged and remain in effect until cancellation or termination by Provider or Participant as described below.
  2. Either Participant or Provider may terminate this Agreement by providing a 30-day written notice.
  3. Provider may immediately and without notice, terminate this Agreement for cause, at Provider's sole option, if Participant: (a) fails to perform in accordance with its responsibilities contained in Section II of this Agreement; (b) fails to perform any other obligation required of Participant under this Agreement; or (c) violates any local, state or federal laws, rules or regulations.
  4. Participant may immediately and without notice, terminate this Agreement, at Participant's sole option, if Provider: (a) fails to perform in accordance with its responsibilities to Provider contained in Section III of this Agreement; (b) fails to perform any other obligation required of Provider under this Agreement; or (c) violates any local, state or federal laws, rules or regulations.

Disclaimer of Warranties and Limitation of Liability

PROVIDER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO PROVIDER'S WEBSITE AND PROVIDER'S SERVICES TO BE ACCESSED, USED OR DELIVERED PURSUANT TO THIS AGREEMENT. PROVIDER'S WEBSITE, INCLUDING ALL DATA, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH PROVIDER'S WEBSITE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN PROVIDER'S WEBSITE OR ANY DATA, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROVIDER'S WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER DEFECTS

Miscellaneous

  1. Assignment. Provider may assign or delegate all or part of Provider's rights or duties under this Agreement after a (30) day notice to Participant.
  2. Severability. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement, unless Provider deems the unenforceable provision to be essential to this Agreement, in which case Provider may terminate this Agreement, effective immediately upon notice to Participant.
  3. Force Majeure. Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omissions, laws or regulations, labor strikes or difficulties, transportation stoppages or slow-downs.
  4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in the State of Texas.
  5. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and shall supersede all prior agreements and understandings, if any, between the parties respecting the subject matter hereof.