REFUND POLICY
BY PURCHASING I PERSONALLY GUARANTEE AND AUTHORIZE THIS ORDER IN ITS ENTIRETY AND CERTIFY THAT I UNDERSTAND THAT THERE ARE NO REFUNDS OR RETURNS OF ANY KIND.BY SIGNING THIS INVOICE,I ACCEPT THE PRODUCT AND SERVICES AS IS.FURTHERMORE,I UNDERSTAND THAT THE PRODUCT AND SERVICE HAVE BEEN DELIVERED AND ARE BEYOND MY EXPECTATIONS.I WAS INFORMED COMPLETELY BY B1 MARKETING GROUP OF WHAT TO EXPECT WITH EACH AND EVERY PRODUCT THAT I HAVE PURCHASED.I ACKNOWLEDGE AND UNDERSTAND THAT,REGARDLESS OF THE OUTCOME,THE MERE INITIATION OF A CREDIT CARD DISPUTE AGAINST ANY ORDER COSTS B1 MARKETING GROUP TREMENDOUSLY IN HUMAN RESOURCES AND,MOREOVER,EXPOSES B1 MARKETING GROUP TO INJURY WITHIN THE CREDIT CARD PROCESSING ARENA.THIS EXPOSURE,I ACKNOWLEDGE,CONSTITUTES THE EQUIVALENT OF THOUSANDS IF NOT TENS OF THOUSANDS OF DOLLARS IN LOSSES TO B1 MARKETING GROUP.ACCORDINGLY,I AGREE THAT SHOULD I ASK MY CARD ISSUER TO EXERCISE ANY CHARGEBACK RIGHT IT MAY HAVE AGAINST B1 MARKETING GROUP,B1 MARKETING GROUP SHALL IMMEDIATELY HAVE THE RIGHT TO INVOICE ME(THE CUSTOMER)FOR THE FULL AMOUNT OF DISPUTED AMOUNT REGARDLESS OF THE OUTCOME OF THIS RIGHT,AND TO BE ENTITLED TO SUCH SUM WITHIN TEN DAYS OF INVOICING.I FURTHER AGREE THAT THIS SUM SHALL BEAR THE INTEREST RATE OF 10%ANNUAL SIMPLE INTEREST UNTIL SATISFIED.I FURTHER AGREE THAT ANY DISPUTE BETWEEN B1 MARKETING GROUP AND MYSELF SHALL BE SETTLED IN THE APPLICABLE COURT OF ORANGE COUNTY,CA.

AGREEMENT
THE COMPANY AGREES TO SELL TO CLIENT VARIOUS “SERVICES” SUCH AS,LIVE AGENTS,NON-VOICE AGENTS,VOICE BROADCAST COMMUNICATION SERVICES,DIRECT 2 VOICEMAIL MESSAGE DELIVERY,PREDICTIVE DIALING SERVICES,INTERACTIVE VOICE RESPONSE(IVR),AND RELATED SERVICES(“SERVICES”)ACCORDING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.THE COMPANY AGREES TO USE ITS BEST EFFORTS TO ACCURATELY TRANSMIT ALL SERVICES.CLIENT ACKNOWLEDGES SERVICES ARE OF SUCH A NATURE THAT VOICE MESSAGES,WEB ACCESS,AND CONNECTIONS MAY BE LOST FOR MANY REASONS OTHER THAN BY REASON OF NEGLIGENCE OF THE COMPANY INCLUDING BUT NOT LIMITED TO DIALING ERRORS,POWER FAILURES,MALFUNCTIONING OF WIRE LINE AND WIRELESS TELECOMMUNICATIONS NETWORKS AND ELECTRICAL INTERFERENCE.CLIENT AGREES THAT ITS MESSAGE WILL COMPLY WITH APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS AND THAT IT IS SOLELY RESPONSIBLE FOR THE CONTENT OF ALL MESSAGES DELIVERED BY THE COMPANY.THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIABILITY:

CLIENT AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS OR EXEMPLARY,INDIRECT,SPECIAL,INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF USE,LACK OF USE,UNAVAILABILITY OR MALFUNCTION OF THE SERVICES AS DESCRIBED IN THIS AGREEMENT,WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT,IN TORT OR PURSUANT TO OTHER THEORY EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGE.IN NO EVENT WILL THE COMPANY’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT TO THE COMPANY.
AWARENESS OF CERTAIN LAWS.PRIOR TO ACCESSING THE COMPANY NETWORK OR USING ANY OF THE SERVICES,CUSTOMER(INCLUDING,WITHOUT LIMITATION,EACH EMPLOYEE,CONTRACTOR,AGENT,CLIENT,OR OTHER PARTY ACCESSING THE COMPANY NETWORK OR USING THE SERVICES BY OR THROUGH CUSTOMER OR WITH CUSTOMER’S LOG-IN INFORMATION,WHETHER AUTHORIZED OR NOT,EACH BEING A “CUSTOMER PARTY”)IS,AND SHALL REMAIN,AWARE OF THE LEGALITIES OF ALL INTENDED USES OF THE SERVICES.WITHOUT IN ANY WAY LIMITING THE GENERAL NATURE OF THE REPRESENTATIONS AND WARRANTIES SET FORTH BELOW OR THE COVENANT IN THE PRECEDING SENTENCE,CUSTOMER,FOR ITSELF AND EACH CUSTOMER PARTY,AGREES THAT IT IS AWARE OF THE LAWS AND REGULATIONS CONTAINED ON THE FOLLOWING
WEBSITES OR OTHERWISE REFERENCED BELOW:
HTTPS:HTTPS:HTTPS:HTTPS:

CLIENT COMMITMENT:CLIENT HEREBY COMMITS TO NO VOLUME.CLIENT AGREES AND WARRANTS THAT ITS USE OF THE COMPANY’S SERVICES COMPLIES WITH THE FEDERAL TELEPHONE CONSUMER PROTECTION ACT(THE “TCPA”),THE FCC CODE OF FEDERAL REGULATIONS AND TELEMARKETING RULES,THE FTC’S TELEMARKETING SALES RULES,APPLICABLE INDIVIDUAL STATE LAWS AS IT RELATES TO THE USE OF THE COMPANY SERVICES.IF APPLICABLE THE CLIENT FURTHER AGREES AND WARRANTS THAT IT IS IN COMPLIANCE WITH DO NOT CALL(DNC)RULES OF THE FTC.
PAYMENT TERMS AND CONDITIONS:CLIENT SHALL PRE-PAY FOR ALL “SERVICES” SCHEDULED ACCORDING TO THIS AGREEMENT.CLIENT WILL PRE-PAY FOR ALL “SERVICES” WHICH BE TRACKED ONLINE.PAYMENT MUST BE RECEIVED AND VERIFIED PRIOR TO “SERVICES” BEING PROVIDED FOR ANY GIVEN DAY OR WEEK.THESE FEES ARE SUBJECT TO CHANGE.THERE IS A 3%PROCESSING FEE WITH THE EXCEPTION OF CASH(DEFINED AS ACH OR WIRE)PAYMENTS.ANY OVERDUE AMOUNTS ON UNPAID BALANCES WILL BE SUBJECT TO INTEREST PAYMENTS AT THE HIGHEST RATE PERMITTED BY LAW.
TERM OF AGREEMENT:THIS IS A NON-TERM AGREEMENT.CLIENT OR THE COMPANY MAY CANCEL AT ANY TIME WITH A 30-DAY WRITTEN NOTICE.
AUTHORIZED USE OF MATERIALS,SCRIPTS AND RECORDINGS:CLIENT ACKNOWLEDGES THAT THE COMPANY MAKES VARIOUS PROPRIETARY INFORMATION AND MATERIALS AVAILABLE TO CLIENT FOR USE ONLY WITH THE “SERVICES” AS DESCRIBED IN THIS AGREEMENT AND SUPPLIED THROUGH THE COMPANY.ANY OTHER USE OF INFORMATION,MATERIALS,SCRIPTS AND OR RECORDINGS OBTAINED BY CLIENT FROM THE COMPANY DURING THE TERM OF PRIOR OR CURRENT AGREEMENTS WITH THE COMPANY IS STRICTLY PROHIBITED UNLESS AUTHORIZATION IS GIVEN IN WRITING.
AUTHORIZED USE OF CLIENT DATA:THE COMPANY ACKNOWLEDGES THAT CLIENT WILL SUPPLY ITS PROPRIETARY DATA TO THE COMPANY FOR USE ONLY WITH THE “SERVICES” AS DESCRIBED IN THIS AGREEMENT.ANY OTHER USE OF THIS DATA SUPPLIED BY CLIENT DURING THE TERM OF THIS AGREEMENT WITH THE COMPANY IS STRICTLY PROHIBITED UNLESS CLIENT GIVES AUTHORIZATION IN WRITING.ADDITIONALLY,CLIENT ACKNOWLEDGES THAT THE COMPANY MAY SUPPLY PROPRIETARY DATA TO THE CLIENT FOR USE ONLY WITH THE SERVICES AS DESCRIBED IN THIS AGREEMENT.ANY OTHER USE OF THIS DATA SUPPLIED BY THE COMPANY DURING THE TERM OF THIS AGREEMENT WITH THE COMPANY IS STRICTLY PROHIBITED UNLESS THE COMPANY GIVES AUTHORIZATION IN WRITING.
INDEMNIFICATION:EACH PARTY TO THIS AGREEMENT(THE “INDEMNIFYING PARTY”)SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE OTHER PARTY(THE “INDEMNIFIED PARTY”),THE INDEMNIFIED PARTY’S OFFICERS,EMPLOYEES,PARTNERS,AGENTS,AND AFFILIATES,FROM AND AGAINST ANY CLAIM,LOSS,COST,EXPENSE,AND LIABILITY,INCLUDING REASONABLE ATTORNEY’S FEES,TO THE EXTENT RESULTING FROM ANY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT.NOTWITHSTANDING THE PRECEDING,THIS OBLIGATION TO INDEMNIFY SHALL NOT APPLY TO ANY CLAIM TO THE EXTENT ARISING FROM ANY NEGLIGENT OR INTENTIONAL MISCONDUCT OF THE INDEMNIFIED PARTY OR OF ANY AGENT,EMPLOYEE,OR LICENSEE OF THE INDEMNIFIED PARTY.
ASSIGNMENT:CLIENT MAY NOT ASSIGN ITS BENEFITS UNDER THIS AGREEMENT(IN WHOLE OR IN PART)WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY,WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD.CLIENT MAY ASSIGN THIS AGREEMENT TO A SUBSIDIARY,AFFILIATE,SUCCESSOR-COMPANY,OR TO ANY PARTNERSHIP IN WHICH CLIENT PARTICIPATES.

ARBITRATION OF DISPUTES BETWEEN PARTIES:ANY DISPUTE OR CLAIM IN LAW OR EQUITY BETWEEN CLIENT AND THE COMPANY ARISING OUT OF THIS AGREEMENT OR ANY RESULTING TRANSACTION SHALL BE DECIDED BY NEUTRAL,BINDING ARBITRATION.THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION(AAA)OR JUDICIAL ARBITRATION AND MEDIATION SERVICES,
INS.(JAMS).THE CLAIMANT FIRST FILING FOR THE ARBITRATION SHALL MAKE THE SELECTION BETWEEN AAA AND JAMS RULES.UNLESS THE PARTIES TO THE ARBITRATION AGREE OTHERWISE,THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH PART III,TITLE 9 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S)MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.THE PARTIES SHALL HAVE THE RIGHT TO DISCOVERY IN ACCORDANCE WITH CODE OF CIVIL PROCEDURE 1283.05.
NOTICES:ALL NOTICES REQUIRED OR PERMITTED UNDER THIS AGREEMENT SHALL BE IN WRITING AND SHALL BE DEEMED DELIVERED WHEN DELIVERED IN PERSON OR 5 DAYS AFTER BEING-DEPOSITED IN THE UNITED STATES MAIL,POSTAGE PREPAID,ADDRESSED AS FOLLOWS:B1 MARKETING GROUP,32123 LINDERO CANYON ROAD SUITE 203,WESTLAKE VILLAGE,CALIFORNIA 91361
ENTIRE AGREEMENT:THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF THE PARTIES AND THERE ARE NO OTHER PROMISES OR CONDITIONS IN ANY OTHER AGREEMENT WHETHER ORAL OR WRITTEN.THIS AGREEMENT SUPERSEDES ANY PRIOR WRITTEN OR ORAL AGREEMENTS BETWEEN THE PARTIES.EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES THAT NO REPRESENTATIONS,INDUCEMENTS,PROMISES,OR AGREEMENTS,ORALLY OR OTHER,HAVE BEEN MADE BY ANY PARTY,OR ANYONE ACTING ON BEHALF OF ANY PARTY,WHICH ARE NOT EMBODIED HEREIN,AND THAT NO OTHER AGREEMENT,STATEMENT,OR PROMISE NOT CONTAINED IN THIS AGREEMENT SHALL BE VALID
OR BINDING.THIS AGREEMENT WAS NEGOTIATED AND JOINTLY PREPARED BY THE PARTIES AND SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF HEIRS,SUCCESSORS AND ASSIGNEES OF THE PARTIES.
AMENDMENT:THIS AGREEMENT MAY BE MODIFIED OR AMENDED,IN WHOLE OR IN PART,ONLY BY AN AMENDMENT IN WRITING SIGNED BY BOTH PARTIES.
ATTORNEYS FEES:IN THE EVENT OF ANY LEGAL ACTION FOR BREACH OF THIS AGREEMENT,THE PREVAILING PARTY SHALL BE ENTITLED TO REASONABLE ATTORNEY’S FEES AND EXPENSES INCURRED IN CONNECTION THEREWITH.
GOVERNING LAW;VENUE:THIS AGREEMENT,AND EACH OF ITS TERMS,SHALL BE CONSTRUED UNDER AND BOUND BY THE LAWS OF THE STATE OF CALIFORNIA.ALL DISPUTES CONCERNING THIS AGREEMENT SHALL BE HEARD IN ORANGE COUNTY,CALIFORNIA.