Privacy Policy for Lead Generation Services

(Last Updated June 10, 2026)

Introduction

Converge Marketing, LLC is a lead generation and marketing company that connects consumers with third-party businesses. We collect and receive personal data from consumers through forms, advertising, and calls, and use that personal data to match consumers with businesses offering relevant products and services.

We collect consumer personal data through our websites, advertising campaigns, and tracked phone calls, including through websites and advertising that may be presented under different brand names. We also work with marketing and other business partners who independently collect consumer personal data and provide it to us.

In this Privacy Policy, we use the term “personal data” to refer to information that identifies or relates to an individual, including as defined under applicable privacy laws.

A “lead” is personal data associated with a consumer who expresses interest in a product or service, typically including contact information and qualifying responses. Leads may be shared with one or more clients and buyers, who may contact you about relevant products and services.

This Privacy Policy applies to personal data we process when we act as a data controller in connection with these activities. It does not apply when we process personal data solely on behalf of our clients, such as in connection with certain media buying services, where our clients control how your personal data is used.

If you do not agree with this Privacy Policy, please do not interact with our websites, respond to our advertising, or submit your information to us. Your use of our websites may also be subject to our Terms of Use. This Privacy Policy may change from time to time, so please review it periodically.

Personal Data We Collect

We collect the following categories of personal data:

  • Contact information. Your name, email address, phone number, or postal address.

  • Lead qualification and form data. Personal data you provide when responding to our advertising or completing a web form, including your answers to eligibility or qualifying questions, your stated interests or needs, and details about the product or service you are inquiring about.

  • Call data. If you call one of our tracked phone numbers or respond to our advertising by phone, we may collect your phone number, call metadata (such as call duration, date and time, and geographic region), and, where permitted by applicable law and if within our control, call recordings and transcriptions.

  • Identifiers. IP address, device identifiers, cookie identifiers, and similar technical identifiers associated with your device or browser.

  • Device and online activity data. Personal data automatically collected when you interact with our websites or advertising, including device type, browser type and version, operating system, pages and content viewed, and your interactions with our ads and web pages.

  • Location data. General location information, such as city, state, or region, derived from your zip code, IP address, call data, or information you provide.

  • Interest and preference data. Personal data about the products or services you are interested in, your expressed preferences, and related commercial characteristics you provide or that are indicated by your inquiries.

  • Inferences and lead scores. Scores, classifications, and other inferences we derive from the data described above, including lead quality assessments and routing determinations used to match consumers with relevant businesses.

Sources of Personal Data

Personal Data We Collect Directly

We collect personal data directly from consumers through the following channels:

  • Web forms and landing pages. When you submit a form on one of our websites or landing pages, including websites or pages that may appear under different brand names but are operated by or on behalf of Converge, we collect the personal data you submit.

  • Third-party lead generation forms. When you submit personal data through digital advertising on third-party platforms, including social media lead generation forms and similar features, we collect the personal data you provide.

  • Advertising and engagement data. When you interact with our digital advertising, we may collect personal data about your engagement with the ad, such as clicks, impressions, and related interactions, as well as technical data associated with those interactions.

  • Phone calls. When you call one of our tracked phone numbers, including numbers featured in digital ads, direct mail, or other advertising, we collect personal data associated with that call.

Personal Data We Receive from Marketing and Business Partners

We receive personal data from marketing and other business partners that independently collect personal data from consumers and provide it to us as part of lead generation arrangements. This may include personal data obtained through situations where a consumer engages with one of our partners and their information is shared with us, or where the consumer's engagement is continued with us or one of our clients as part of the same inquiry or interaction.

Personal Data We Receive from Other Third-Party Sources

We may receive personal data from data providers, clients, and other third-party sources for purposes such as enrichment, verification, attribution, analytics, and fraud prevention. For example, we may use this personal data to verify contact details, supplement lead data, measure the effectiveness of our advertising, build and refine audience segments, or support suppression and exclusion practices. This personal data may be used to supplement, validate, or inform data we have collected directly or received from marketing partners.

Session Recording and Consent Verification

When you interact with our lead generation websites or landing pages, we may use a third-party service, Active Prospect's TrustedForm Certify Web SDK, to document and verify your consent to be contacted and to capture a record of your interaction with the page.

This technology functions as both a consent documentation tool and a session interaction capture tool. It may record certain interactions with the page where it is deployed, including the page URL, mouse movements and clicks, personal data entered into form fields, a snapshot of the page, your IP address, browser and device information, and the date and time of your interactions. This interaction-level data is transmitted to Active Prospect, which provides this service on our behalf.

We may use this personal data to document your consent and to support our compliance with applicable law. For more information, see the Active Prospect privacy policy at https://activeprospect.com/privacy-policy/.

How We Use Your Personal Data

We use personal data for the following purposes:

  • Lead generation and routing. To generate, qualify, score, and route leads, and to match consumers with clients and buyers that offer products or services relevant to their interests.

  • Call handling. To route and manage inbound calls, and to connect callers with relevant clients or buyers in real time.

  • Targeted advertising and retargeting. To deliver relevant advertising to consumers based on your interests or prior activity, including through third-party advertising channels and social media platforms.

  • Audience creation. To build audience segments, including custom audiences for use on third-party advertising platforms, in connection with our advertising programs.

  • Analytics and optimization. To measure and improve the performance of our lead generation programs, advertising campaigns, and distribution operations, including through automated scoring and classification tools.

  • Automated processing and profiling. As part of our lead generation activities, we use automated tools to score, classify, and route leads based on the personal data described in this Privacy Policy. This includes generating quality assessments and routing determinations that may affect how a lead is matched and distributed.

  • Fraud prevention and quality assurance. To detect and prevent fraudulent activity, verify the quality and accuracy of lead data, and support data hygiene practices such as de-duplication, suppression, and filtering.

  • Legal and compliance. To comply with applicable law, respond to legal process or regulatory inquiries, enforce our agreements, and protect our rights, property, or safety.

  • Internal operations. For general business administration, including record-keeping, financial operations, and business continuity.

How We Share Your Personal Data

We may share personal data with the following categories of recipients:

  • Clients, buyers, and business partners. We share personal data, including leads, with clients, buyers, and other business partners that offer products or services relevant to the consumer's expressed interest as reflected in their inquiry or interaction. A single lead may be shared with more than one recipient, and sharing is not necessarily exclusive. Recipients may contact you directly about products or services related to your inquiry. In some cases, a recipient may be an intermediary or lead aggregator that distributes leads to its clients or partners in connection with the consumer's request or a similar request. We may also work with business partners that identify consumers interested in products or services based on consumer-provided information or interactions and provide that information to us for matching and routing to appropriate clients or buyers.

  • Service providers. We share personal data with vendors and contractors that support our operations, including call tracking and routing providers, technology and infrastructure providers, analytics and attribution services, fraud prevention tools, and other operational partners. Service providers are authorized to use your personal data only as necessary to perform services on our behalf.

  • Advertising technology partners. We work with advertising networks, demand-side platforms, and social media platforms to deliver and measure advertising. This may involve sharing identifiers and activity data to enable targeted advertising, audience matching, and campaign attribution.

  • Business successors. In connection with a merger, acquisition, reorganization, or sale of some or all of our business or assets, personal data may be transferred to the acquirer or successor entity.

  • Legal and regulatory recipients. We may disclose personal data as required by law, court order, or regulatory process, or to enforce our agreements, respond to legal claims, or protect our rights, property, or the safety of others.

  • Other parties with your consent. We may share personal data with additional parties where you have consented or where you direct us to do so.

Summary of Data Practices

The table below summarizes how we use and share the personal data described in this Privacy Policy.

Category of Personal DataProcessing Purpose(s)Categories of Recipients*
Identifiers (name, email address, phone number, IP address, device identifiers)
  • Lead generation, qualification, scoring, and routing
  • Targeted advertising and audience creation and segmentation
  • De-duplication, suppression, and data hygiene
  • Fraud prevention and identity verification
  • Clients, buyers, and business partners
  • Third-party advertising platforms and analytics providers
Internet or other similar network activity (browsing history, ad interactions, page visits, session behavior)
  • Targeted advertising and audience creation and segmentation
  • Ad measurement and attribution
  • Analytics and performance optimization
  • Fraud prevention and data hygiene
  • Clients, buyers, and business partners
  • Third-party advertising platforms and analytics providers
Geolocation data (city, state, or region; derived from IP address, zip code, or call data)
  • Lead generation, qualification, scoring, and routing
  • Targeted advertising and audience creation and segmentation
  • Analytics and attribution
  • Clients, buyers, and business partners
  • Third-party advertising platforms and analytics providers
Electronic information (web form inputs, interaction and session data, consent capture records)
  • Lead generation, qualification, scoring, and routing
  • Consent documentation and verification
  • Analytics and attribution
  • Legal and compliance
  • Clients, buyers, and business partners
  • Third-party advertising platforms and analytics providers
Commercial and interest data (expressed product or service interests, purchase intent, qualifying responses)
  • Lead generation, qualification, scoring, and routing
  • Targeted advertising and audience creation and segmentation
  • Analytics and performance optimization
  • Clients, buyers, and business partners
  • Third-party advertising platforms and analytics providers
Inferences and lead scores (quality scores, classifications, and routing determinations derived from collected data)
  • Lead generation, qualification, scoring, and routing
  • Targeted advertising and audience creation and segmentation
  • Fraud prevention and data verification
  • Analytics and performance optimization
  • Clients, buyers, and business partners
  • Third-party advertising platforms and analytics providers
Call data (phone number, call metadata including duration, date and time, and geographic region; call recordings and transcriptions, where permitted by applicable law)
  • Lead generation, qualification, scoring, and routing
  • Call routing and distribution
  • Call attribution and performance measurement
  • Quality assurance and compliance monitoring
  • Clients, buyers, and business partners
  • Third-party advertising platforms and analytics providers
Protected classification characteristics (information voluntarily provided in connection with a specific inquiry, which may include demographic or eligibility information where relevant to the requested product or service)
  • Lead qualification and routing for the specific inquiry
  • Compliance with legal obligations
  • Clients, buyers, and business partners

*Excluding service providers and legal affiliates.

In connection with our lead generation activities described in this Privacy Policy, Converge has sold and/or shared personal data in each of the categories listed in this table during the prior 12 months. See Your State Privacy Rights and Your Privacy Choices for information about your right to opt out.

Cookies and Other Tracking Technologies

We and our third-party partners use cookies and other tracking technologies to collect personal data about your interactions with our websites and digital advertising. These technologies may include cookies, pixels, web beacons, and similar tools that collect identifiers, device information, and data about how you engage with our ads and web pages.

We use this personal data to support our lead generation activities, including measuring the effectiveness of our advertising, building and refining audience segments, delivering targeted advertising, and improving our services.

These technologies may be operated by third-party advertising networks, analytics providers, and social media platforms, which may use this personal data to measure advertising performance, analyze usage, and support targeting.

You may have the right to opt out of certain uses of your personal data for targeted advertising or other purposes. For more information about your choices, including how to opt out of the sale or sharing of personal data and how we respond to Global Privacy Control (GPC) signals, please see the Your Privacy Choices section.

Security and Retention of Personal Data

We maintain reasonable administrative, technical, and organizational measures designed to protect your personal data from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

We retain personal data for as long as necessary to fulfill the purposes described in this Privacy Policy, including to operate our lead generation activities, comply with legal obligations, resolve disputes, and enforce our agreements. We may also retain and use personal data for analytics, fraud prevention, and security purposes. Retention periods are determined based on the nature of the data, the purposes for which it is processed, applicable legal requirements, and our business needs.

Deidentified Data

We may create deidentified data from personal data by removing or modifying identifying information so that it cannot reasonably be linked to an individual. To the extent permitted by applicable law, we may use and disclose deidentified data for purposes consistent with applicable law, including analytics, product improvement, and research.

Children's Information

Our services and marketing activities are not directed to individuals under the age of 18, and we do not knowingly collect personal data from them. If you believe we may have collected such personal data, please contact us at privacy@convergemarketing.com.

Your State Privacy Rights

Certain U.S. states provide residents with privacy rights regarding their personal data. This section applies to residents of states where such rights are available under applicable law.

Depending on your state of residence, you may have the right to:

  • Know and Access. Confirm whether we process your personal data and access personal data we maintain about you and information about how we use it. Where required by applicable law, this right may include inferences, lead scores, and other derived data we hold about you.

  • Correct. Request correction of inaccurate personal data.

  • Delete. Request deletion of personal data we have collected from or about you, subject to certain exceptions (including legal obligations or legitimate business needs).

  • Portability. Obtain a portable copy of the personal data you have provided to us, where required by applicable law, technically feasible, and in a readily usable format.

  • Opt Out. Opt out of (i) the sale of your personal data; (ii) the sharing of your personal data for targeted or cross-context behavioral advertising; or (iii) profiling activities that produce legal or similarly significant effects.

We will not discriminate against you for exercising any of your rights.

Additional Information for California Residents

California residents also have the following additional rights:

  • Request that we limit our use of sensitive personal data (as defined under California law) to certain permitted purposes under applicable law.

  • Request information about our disclosure of personal data to third parties for direct marketing purposes by contacting us at privacy@convergemarketing.com.

Opt Out of Sale, Sharing, and Targeted Advertising

To opt out of the sale of your personal data, or the use or disclosure of your personal data for targeted advertising purposes (including "sharing" for cross-context behavioral advertising under California law), you may submit a request using the contact methods in the Your Privacy Choices section below. Where available, we may also provide additional tools or links on our website to facilitate these requests.

This opt-out covers Converge's sale of personal data and our use or disclosure of personal data for targeted advertising, including disclosures to clients, buyers, and advertising partners as part of our lead generation and advertising activities.

We may recognize Global Privacy Control (GPC) signals as an opt-out of the sale of personal data and targeted advertising, consistent with applicable law. Where we do so, we will treat such signals as a request to opt out of the sale and sharing of personal data.

Appeals

If we deny all or part of your rights request, you may appeal by submitting a written appeal using the contact methods described in the Your Privacy Choices section and referencing your original request. We will respond within 45 days of receiving your appeal (or within the timeframe required by applicable law) and provide a written explanation of our decision.

Depending on your state of residence, you may have the right to file a complaint with the Attorney General in your state or other applicable regulatory authority if you have concerns about our handling of your personal data or your privacy rights.

Your Privacy Choices

The primary way to exercise your privacy rights is by using our webform:

Your Privacy Choices

You may also submit a request by:

Requests submitted through email or mail may require additional steps to process your request, including steps to verify your identity where required by applicable law. Where appropriate, we may ask you to complete our webform in order to process your request.

We will take reasonable steps to verify your identity before processing certain requests, as required by applicable law. The level of verification will depend on the nature of your request, the sensitivity of the personal data involved, and the risk of harm from unauthorized disclosure or deletion.

We will use commercially reasonable efforts to respond to your request within 45 days of receipt. Where reasonably necessary, we may extend this period by up to an additional 45 days with prior notice. Requests are subject to applicable exceptions.

Authorized agents may submit requests on your behalf, subject to appropriate verification.

Lead Communications and Contact Preferences

This section addresses consent to receive marketing communications in connection with our lead generation activities. It is separate from your rights regarding the sale or sharing of personal data, which are addressed in “Your State Privacy Rights” and “Your Privacy Choices” above.

Lead Communications

When you submit your personal data in response to our lead forms or advertising, you provide, or may provide, consent to be contacted about relevant products or services by Converge and by our clients, buyers, or other partners, as described at the point of collection. This includes situations where your personal data is collected directly by us or collected by a marketing partner or other third party and provided to us.

You may revoke your consent for future communications at any time by using the opt-out method provided in the communication you receive or by contacting us at privacy@convergemarketing.com. We will honor and process such requests as required by applicable law.

Because we operate as part of a broader lead generation and marketing ecosystem, your personal data may have already been shared with multiple parties as part of our lead distribution activities. A request to revoke your consent submitted to us will apply to communications and activities within our control, as required by applicable law. To stop communications from third-party clients, buyers, or partners, you may also need to contact those parties directly.

Requests to stop the sale, sharing, or use of personal data for targeted advertising are addressed separately in the Privacy Choices section.

Email Communications and Unsubscribe

If you receive email communications related to our advertising or lead generation activities, including emails sent by Converge, on our behalf, or through one of our branded experiences, and no longer wish to be contacted, you may use the unsubscribe link included in those communications or contact us at privacy@convergemarketing.com. We will honor your request as required by applicable law.

These emails may link to web pages where you can submit your personal data in response to an advertisement or offer.

Please note that this opt-out applies to email communications sent by or on behalf of Converge. You may continue to receive communications from third-party clients or partners and will need to contact those parties directly to opt out of their communications. We may maintain records of your request to help ensure that you are not contacted in the future, as required by applicable law.

United States Only Services

Our lead generation services are designed for consumers in the United States. If you access or use our services from outside the United States, your personal data will be transferred to and processed in the United States in accordance with this Privacy Policy. Data protection laws in the United States may differ from those in your jurisdiction.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The “Last Updated” date at the top reflects the latest revision. Your continued use of our services after any updates constitutes acceptance of the revised Privacy Policy.

Contact Us

If you have questions about this Privacy Policy or wish to exercise your privacy rights, including if you need this notice in an alternate format due to a disability or language preference, you may contact us at:

Email: privacy@convergemarketing.com
Mail: Converge Marketing, LLC 242 W 36th St. #901 New York, NY 10018

Prior versions:

March 27, 2026

Terms Of Use

(Last Updated June 11, 2026)

1. Acceptance of Terms

Please read these Terms of Use ("Terms") carefully before accessing or using any website, application, form, communication, or other digital property or service operated by or on behalf of Converge Marketing, LLC (collectively, the “Site”).

By accessing or using the Site, including submitting a form, requesting information, or otherwise interacting with any features or services, you agree to be bound by these Terms and to use the Site in accordance with applicable laws.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE.

These Terms apply to all visitors, users, and others who access or use the Site, including submission of personal data in connection with lead generation activities. In limited cases, these Terms may also apply to interactions with Company’s corporate website.

Your use of the Site constitutes your electronic signature and legally binding agreement to these Terms. If you are using the Site on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Description of Services

The Site facilitates lead generation by collecting information from users who request to be contacted about specific products or services. This information may be collected directly through the Site or provided to Converge by marketing partners or other third parties (“Partners”) in connection with the same inquiry. Converge may use this information to match users with one or more clients or buyers (“Buyers”) whose offerings may be relevant and may share the information with those Buyers for follow-up communications.

IMPORTANT: By submitting an inquiry or completing a form on the Site, you understand and acknowledge that:

  • The Site is a lead generation platform and not a direct provider of the products or services advertised on the Site;

  • Your information may be shared with one or more Buyers in connection with your inquiry;

  • Company does not guarantee that any Buyer will contact you, offer you specific products or services, or provide services on any particular terms;

  • The relationship between you and any Buyer is governed by the Buyer's own terms, policies, and agreements, and not by these Terms; and

  • Company does not endorse, warrant, or guarantee the products, services, or conduct of any Buyer.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Site or Services at any time without notice or liability.

3. Privacy and Data Practices

Company's collection, use, and sharing of personal information is governed by the Company’s privacy policies listed below (each incorporated herein by reference). One or both policies may apply depending on how you interact with the Company:

  • Lead Generation Services Privacy Policy: Applies to personal information collected through the Site in connection with consumer inquiries and lead generation activities, including information submitted via forms or other interactive features, and describes how such data is collected, used, and shared with Partners.

  • Corporate Privacy Policy: Applies to personal information collected through general corporate interactions, including communications with business partners, vendors, employees, and other non-consumer contacts.

Copies of both policies are available on the Site and may be updated from time to time. We encourage you to review the applicable privacy policy before submitting any information through the Site. By using the Site and submitting information, you acknowledge that the applicable privacy policy describes how personal data is collected, used, and shared.

5. Call Recording

To the extent permitted by applicable law, telephone calls involving Company, its service providers, or Buyers may be monitored or recorded for purposes such as quality assurance, training, compliance, and dispute resolution.

Where required by applicable law, notice of recording may be provided prior to or at the commencement of the call. By initiating or continuing a call after receiving such notice, you provide consent to recording as described. Company does not control the recording or disclosure practices of Buyers and is not responsible for their compliance with applicable call recording or notification requirements. Nothing in this Section limits any party’s obligations under applicable federal or state wiretapping or call recording laws.

6. User Conduct and Prohibited Activities

6.1 Permitted Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Site complies with all applicable federal, state, and local laws and regulations.

6.2 Prohibited Conduct

You agree not to use the Site to:

  • Submit false, inaccurate, or misleading information, including contact information that does not belong to you or on behalf of another person without authorization;

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;

  • Interfere with or disrupt the operation of the Site, its servers, or its networks, or circumvent any security or access controls;

  • Submit automated, scripted, or bot-generated form submissions or otherwise manipulate the lead generation process;

  • Use the Site to harvest or collect personal information about other users;

  • Transmit any malware, viruses, or other harmful code or data through the Site;

  • Engage in any conduct that could damage, disable, overburden, or impair the Site or servers or networks connected to the Site;

  • Violate any applicable law or regulation in connection with use of the Site, including laws governing consumer protection, privacy, or electronic communications; or

  • Attempt to gain unauthorized access to any portion of the Site or any systems or networks associated with the Site.

Company reserves the right to investigate and take appropriate action against any user who, in Company's reasonable judgment, violates these Terms, including blocking access to the Site, removing content, or reporting the conduct to law enforcement authorities.

7. Intellectual Property

The Site and all content, features, and functionality thereof, including but not limited to text, graphics, logos, images, software, and data compilations, are owned by Company or its licensors and are protected by applicable intellectual property laws, including U.S. copyright, trademark, and trade secret laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal, non-commercial use in accordance with these Terms. Nothing in these Terms transfers or licenses any intellectual property rights to you, and you may not reproduce, modify, distribute, publicly display, sell, or otherwise exploit any content from the Site without the prior written consent of Company.

All trademarks, service marks, logos, and trade names displayed on the Site are the property of Company or their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name.

9. Disclaimers of Warranties

THE SITE AND ALL CONTENT, INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

COMPANY DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

COMPANY DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SITE WILL RESULT IN ANY SPECIFIC OUTCOME, INCLUDING THAT YOU WILL BE CONTACTED BY ANY BUYER, OFFERED ANY SPECIFIC PRODUCT OR SERVICE, OR RECEIVE A QUOTE ON ANY PARTICULAR TERMS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, THIRD PARTIES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM OR THROUGH THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your submission of false, inaccurate, or misleading information through the Site; (d) your violation of any applicable law or the rights of any third party; or (e) any claim that content you submit through the Site caused harm to a third party.

Company reserves the right to assume exclusive control of the defense and settlement of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of such claims. You shall not settle any such claim without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.

12. Dispute Resolution; Binding Arbitration; Class Action Waiver

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Company and make a good-faith effort to resolve the dispute informally by providing written notice of your claim to the address set forth in Section 17. Company will have thirty (30) days to respond. If the dispute is not resolved within sixty (60) days after your written notice, either party may proceed as set forth in this Section.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW CLAIMS BETWEEN YOU AND COMPANY ARE RESOLVED.

Except as provided below, you and Company agree that any claim, dispute, or controversy arising out of or relating to these Terms, the Site, or your use of any services offered through the Site (each, a "Claim") shall be resolved exclusively through final and binding individual arbitration, rather than in court. This agreement to arbitrate is intended to be broadly interpreted and includes Claims based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.

Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), as modified by this Section. The arbitrator shall have exclusive authority to resolve any dispute relating to the formation, scope, validity, or enforceability of this arbitration agreement, except as provided under the heading "Class Action Waiver" below. The arbitrator may award any relief that a court could award, subject to the limitations in these Terms. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

If the AAA is unavailable or unwilling to serve as administrator, the parties shall select a mutually agreeable arbitration administrator. The arbitration shall take place in the county of your residence or, at Company's election, by telephone or videoconference. Each party shall bear its own costs and expenses in the arbitration, except as required by applicable law or the AAA's fee schedule.

12.3 Class Action Waiver

YOU AND COMPANY EACH AGREE THAT ANY CLAIMS BETWEEN US MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE IN ANY PROCEEDING, THEN THE ENTIRETY OF SECTION 12.2 SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING ONLY.

12.4 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for Claims within the court's jurisdiction; or (b) seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

12.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to Company at the address in Section 17 within thirty (30) days of first agreeing to these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be bound by Sections 12.2 or 12.3, but all other provisions of these Terms will remain in full force.

13. Governing Law and Venue

These Terms and any Claims that are not subject to arbitration under Section 12 shall be governed by the laws of the State of New York, without regard to its conflict-of-law principles. For any Claims not subject to arbitration, you and Company irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in New York, and waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.

14. Modifications to Terms

Company reserves the right to revise, update, or modify these Terms at any time in its sole discretion. Changes will be effective upon posting of the updated Terms to the Site. The "Effective Date" at the top of this document will be updated to reflect the date of the most recent changes. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Site.

Company may also, in its discretion, provide notice of material changes by posting a notice on the Site's homepage or by other means reasonably calculated to inform users. We encourage you to review these Terms periodically.

15. Electronic Communications and Records

By using the Site, you agree to receive communications from Company electronically, including notices, disclosures, agreements, and other communications sent via email or posted on the Site. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing. You further agree that you will maintain accurate and current contact information, including a valid email address, and that electronic communications sent to the email address you provide constitute valid notice for all purposes.

Company may maintain records of your use of the Site and any information you submit in connection with using the Site. Such records may be used in connection with dispute resolution, compliance verification, and other legitimate business purposes.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the applicable privacy policy or policies and any additional terms expressly incorporated herein, constitute the entire agreement between you and Company with respect to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings.

16.2 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. If any portion of Section 12 (Arbitration) is found unenforceable, the remaining provisions of Section 12 shall continue in full force and effect, except as expressly provided in Section 12.3.

16.3 Waiver

Company's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. No waiver of any provision of these Terms shall be construed as a further or continuing waiver of such provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder, by operation of law or otherwise, without Company's prior written consent. Any assignment attempted in violation of this provision shall be null and void. Company may assign or transfer these Terms and its rights hereunder, in whole or in part, without restriction or notice.

16.5 Force Majeure

Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, governmental action, labor disputes, or failures of third-party technology infrastructure.

16.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

16.7 Headings

Section headings are included for convenience only and shall not affect the interpretation of these Terms.

17. Contact Information

If you have questions about these Terms or wish to contact Company for any reason, you may contact:

Email: info@homeservicescompliance.com

Mail: Converge Marketing, LLC 242 W 36th St. #901 New York, NY 10018

For notices required under these Terms, including arbitration-related notices, written notice must be delivered to the mailing address above, attention Legal Department, by certified mail, commercial courier, or other delivery method that provides proof of receipt. Email is not sufficient for formal notice unless expressly agreed in writing by Company.

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

Introduction

Welcome! As part of the marketing offer on the Website, we need your consent to provide and receive important information electronically. This consent outlines your rights and our mutual obligations under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Please read it carefully.

Definitions

  • “Seller” means our client identified in the consent block on the Website
  • "We," "us," "our" refers to Converge Direct, LLC
  • “Transaction” means the offer on the Website
  • “Website” means the website or page where you clicked on the link to view this consent
  • "You," "your" mean the person giving this consent

Who are we?

Converge Direct, LLC is a marketing agency that helps its clients connect with consumers interested in the client’s products or services. We own and operate the Website to collect leads for the benefit of our clients.

Our contact information is at the bottom of this notice.

What am I consenting to?

By clicking “AGREE” on the Website you are consenting:

  • to our Terms of Use and Privacy Policy which is our contract with you
  • to electronically receive communications related to the Transaction, including any updates or notices related to our Terms of Use or Privacy Policy, or other documents or communications (the “Records”)
  • to receive marketing messages from or on behalf of the Seller as described on the Website

You understand that your use of a keyboard, mouse, or other device to click on a submit button or other similar checkbox, icon, or similar action that transmits the information you enter on the Website constitutes your signature and acceptance and is your E-SIGN Consent. You expressly agree that you are electronically signing a contract with us under New York law subject to all terms posted on the Website, including all consents and disclosures. Your E-SIGN Consent is legally binding and equivalent to your handwritten signature on paper.

Hardware and Software Requirements

You understand that in order to receive electronic Records and provide your electronic signature on the Website, you must have internet access, a supported operating system, and a supported web browser. Your E-SIGN Consent demonstrates that you can access the information contained herein.

Request for Paper Copies

You may request paper copies of the Records by contacting us at privacy@convergemarketing.com. We may charge a reasonable service charge for the delivery of paper copies.

Method of Providing Communications to You in Electronic Form

We will communicate with you either (1) via email, (2) by access to a website that we designate in an email notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose.

Updating Your Contact Information

It is your responsibility to keep your email address up to date. You understand and agree that if we send you electronic communications that you do not receive because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the communication to you.

Our Contact Information

Converge Direct, LLC
242 W 36th St. #901
New York, NY 10018
privacy@convergemarketing.com
646-292-5232