TERMS AND CONDITIONS

BUYER UNDERSTANDS AND ACCEPTS THAT: Mohr Marketing, LLC (the “Supplier”) provides services designed to provide leads through our direct marketing efforts or digital services designed to increase our client’s online visibility. 

Agreement and each Insertion Order and paid Invoice are subject to and governed by these Terms and Conditions.

Term

This Agreement shall remain in effect as long as any Insertion Order is in effect. Following the termination or expiration of this Agreement and any Insertion Order, any provisions set forth herein which, by their very nature, are intended to survive any expiration or termination hereof, shall so survive, including without limitation, the provisions respecting Confidentiality, Limitation of Liability, Attorney’s Fees, and Applicable Law.

Timeframes

Purchased call transfer leads:

1. Work will commence within 7-14 business days of payment and continue until the terms of the individual agreement are met. The campaign will be ongoing until completed. Once a campaign is started, no criteria changes will be permitted. Any change in criteria will be reflected in any subsequent campaign with potentially an increase in cost per lead.
2. No Contact: You are purchasing live transferred calls. If no one in your office is available to handle the live transfer, we will arrange a suitable time to call with the lead and your office.  We will make every effort to make sure the live transfer occurs.  If you cannot provide a dedicated in-house staff member to handle intake services, we suggest you hire an intake service to avoid the loss of leads.

Refund Policy

The Supplier provides no partial or full refunds. The Supplier will make every effort to fulfill the Buyer’s campaign.  Supplier will not refund any Buyer’s paid campaign fees if Supplier cannot fulfill Buyer’s campaign due to any acts of Nature, God (including lightning, floods, earthquakes, fire, or high winds), pandemics, man-made crisis, natural or man-made disaster, war, market conditions or any other force majeure that would directly or indirectly affect Supplier’s ability to complete Buyer’s campaign.  Should the Supplier agree, solely at the Supplier’s discretion, to any refund to the Buyer, the maximum refund amount would be any fees paid by the Buyer on any remaining portion of the campaign minus the cost of the Supplier’s media buys spent to date.

No Assignment Amendments

BUYER may not transfer or assign any of its rights under this Agreement or any Insertion Order. This Agreement and an Insertion Order may be modified only by a written amendment signed by both parties.

Marketing Services Only
Supplier is an advertiser providing marketing services to Buyer. Supplier is not a “referral service” or a “for-profit referral service.”

No Representation or Guarantee of Results
Supplier’s sole duty and obligation shall be to run the Campaign as described in this Agreement and the Insertion Orders. The Supplier does not represent or guarantee any level of response or that any interested persons shall hire the Buyer.

Supplier Does Not Provide Legal or Medical Advice
The Supplier does not and will not provide any legal or medical advice. If any applicant should request such advice, Supplier shall state that the interested person should consult with a licensed professional for answers.

Confidentiality
All information collected or in the possession of Supplier shall be kept by Supplier in strict confidence.

Flat Campaign Fee—Not Based on any Contingency
Supplier’s Campaign Fee is a flat all-inclusive fee and is not contingent upon the perceived or actual value of any potential recoveries; whether there is any recovery in any potential claim; or any other factors.

Non-Exclusive Services
Buyer acknowledges that Supplier is not exclusively engaged by Buyer and that Supplier accepts engagements from numerous other parties.

Compliance with Rules of Professional Conduct
If Buyer is a lawyer or medical professional, then Buyer and the Campaign may be subject to compliance with all State, local, and other applicable rules of ethics and codes of professional conduct (collectively, “Rules of Professional Conduct). Supplier does not make any representations or warranties that its services or the Campaign is compliant with any Rules of Professional Conduct. The Buyer is solely responsible for ensuring that the Campaign, all advertising in the Campaign, and the services provided by Supplier do not violate any Rules of Professional Conduct. On written request of Buyer, Supplier will provide Buyer with actual copy or exemplars of pre-insertion copy of advertising to be used in the Campaign so that Buyer may determine if such Campaign complies with the Rules of Professional Conduct to which Buyer is subject.

When the need arises, we work with partner vendors who are fully vetted and must comply with all our in-house compliance processes.  They are monitored daily for compliance.

Buyer indemnifies Supplier from any lawsuit related to fake leads and lead fraud resulting from and services provided under this agreement.

Not a prospective contact Matching Service
Supplier undertakes to publish advertising as directed by Buyer. Supplier does not undertake to “match” any prospective contact with any particular Buyer. Supplier’s goal is to provide Buyer with the responses resulting from the Campaign.

No Recommendations
Supplier will not make any recommendations that Buyer is the “right” practitioner for anyone who responds to the Campaign or that Buyer is qualified to handle any particular matter.

Limitation of Liability

Mohr Marketing, LLC and all of its affiliates and subcontractors, where applicable, will not be held liable for any Claimant fraud or fake Claimants resulting from our client lead generation campaign for the Buyer.  Each Claimant is subject to compliance screening before the lead is call transferred the Buyer.  We execute full immunity and are indemnified from any lawsuit or prosecution relating to, but not limited to, Claimant fraud and fake Claimants that may result in a lawsuit against the Buyer and will not be responsible for any monetary or any other damages resulting from any lawsuit filed against the Buyer.  Mohr Marketing, LLC will provide compliance screening evidence for any defense required if a lawsuit is filed.

IN NO EVENT SHALL SUPPLIER BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SUPPLIER BE LIABLE TO BUYER FOR ANY AMOUNT.  SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING SUPPLIER’S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTY REGARDING (A) THE NUMBER OF PERSONS WHO WILL ACCESS THE ADVERTISEMENT; (B) ANY BENEFIT BUYER MIGHT OBTAIN FROM ANY ADVERTISING; AND (C) THE SPEED, ACCESSIBILITY, OPERATION OR FUNCTIONALITY OF ANY A DVERTISING TO BE DISPLAYED.

Force Majeure

Except for payment obligations, neither party shall be deemed in default of this Agreement or any Insertion Order, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott.  In the event a force majeure event described in this section extends for a period in excess of ninety (90) days in the aggregate, either party may immediately terminate this Agreement and any Insertion Order.

Attorneys’ Fees

If any action is brought at law, in equity or arbitration, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement and any Insertion Order, the prevailing party shall be entitled to reasonable attorneys’ fees, for all arbitration, pretrial, trial or appellate levels, which may be set by the court or the arbitrator in the same action or in a separate action brought for that purpose, including costs and fees for investigation and collection of any amount awarded in such action, in addition to any other relief to which the party may be entitled.

Applicable Law

This Agreement and all Insertion Orders are to be construed under the laws of the Commonwealth of Pennsylvania without considering its conflicts of law rules. Any action arising out of this Agreement or any Insertion Order or the relationship of the parties established herein shall be brought only in a court of competent jurisdiction in Lehigh County, Pennsylvania. The parties hereby consent and submit themselves to the exclusive jurisdiction of such courts for such a purpose.

RIGHTS TO USE OUR WEBSITE

You may view, download, print, or transmit the text, pictures, graphs, charts, and other content (collectively, the “Content”) on our Website for noncommercial, personal purposes only. As between you and Mohr Marketing, LLC, Mohr Marketing, LLC is and will remain the exclusive owner of all content on our Website. All Content must retain all copyright and other proprietary notices associated therewith, and neither any Content nor any copy or copies thereof may be modified in any way without the express prior written permission of Mohr Marketing, LLC

You acknowledge and agree that you are solely responsible for the content and consequences of any Content you post on or to our Website. You agree not to post or transmit any unlawful, libelous, defamatory, abusive, threatening, racially offensive, obscene, pornographic, or profane Content or any Content that constitutes or encourages criminal conduct or that by its posting would infringe any intellectual property or proprietary right, or any other right, of any third party. You agree not to impersonate any other person or entity (including a Mohr Marketing, LLC employee) while on our Website.

You agree that as between you and Mohr Marketing, LLC, all Content posted by you on our Website shall become the property of Mohr Marketing, LLC upon such posting. Mohr Marketing, LLC reserves the right to modify or remove the content in part or in whole at its sole discretion and without notice to you. All rights not expressly granted herein are reserved.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOHR MARKETING, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT IS TRUE OR CORRECT, THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, OR THAT THIS SITE OR SERVER IS WITHOUT COMPONENTS THAT MAY BE HARMFUL TO YOUR COMPUTER OR DESKTOP SOFTWARE. FURTHER, MOHR MARKETING, LLC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR FAILURE TO STORE ANY CONTENT OR PERSONALIZED SETTINGS.

DISCLAIMER OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOHR MARKETING, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH YOUR USE OF OUR WEBSITE.

CHOICE OF LAW

IN ORDER TO ENSURE THAT THESE TERMS WILL BE GOVERNED BY UNIFORM LEGAL PRINCIPLES. THE LAWS OF THE STATE OF PENNSYLVANIA (WITHOUT REGARD TO SUCH STATE’S CONFLICTS OF LAW PRINCIPLES) SHALL GOVERN ANY DISPUTES ARISING FROM YOUR USE OF THIS SITE. YOU FURTHER AGREE THAT ANY DISPUTE ARISING IN CONNECTION WITH YOUR USE OF THIS SITE SHALL BE LITIGATED IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF PENNSYLVANIA. YOU STIPULATE AND AGREE THAT YOU HAVE SUFFICIENT CONTACTS WITH SUCH COURTS TO BE SUBJECT TO THEIR PERSONAL JURISDICTION.

INTELLECTUAL PROPERTY AGENT FOR NOTICE

Mohr Marketing, LLC reserves the right to disable or terminate the accounts of and block access to users who may be infringing the intellectual property and other proprietary rights of others at its discretion. Should you believe that your intellectual property or proprietary rights have been infringed by the posting of Content on our Website, or if you are an authorized representative of a person whose rights may have been infringed, please provide a written communication to Mohr Marketing, LLC The contact information is given below. The notification must include:

(i) Your physical or electronic signature.

(ii) An identification of the work claimed to have been infringed, or, if multiple works on our Website are covered by a single notification, a representative list of such works.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Mohr Marketing, LLC to locate the material.

(iv) Information reasonably sufficient to permit Mohr Marketing, LLC to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you or the owner on whose behalf you are submitting the notification.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of a right that has been infringed.

For claims of infringement, we can be reached by email at 

ab***@mo******.com











or use our contact form https://www.mohrmktg.com/contact-us/