IntroCart Terms of Use

These Terms of Use (“Terms”) govern access to and use of IntroCart, including the IntroCart website, applications, accounts, marketplace, directories, communications, features, content, and related services (collectively, the “Platform”).

The Platform is operated by Metrix Holdings LLC dba eQuoto (“eQuoto,” “IntroCart,” “we,” “us,” or “our”).

By accessing or using the Platform, creating an account, clicking to accept these Terms, or purchasing products or services through IntroCart, you agree to be bound by these Terms and our Privacy Policy. If you purchase consumer leads through IntroCart, you also agree to the IntroCart Lead Purchase Agreement and any applicable order, product, campaign, or purchase terms presented to you.

If you do not agree to these Terms, you may not use the Platform.

1. Eligibility

IntroCart is intended for business and professional use. You must be at least eighteen (18) years old and legally capable of entering into binding agreements to create an account or purchase products or services through IntroCart. If you use IntroCart on behalf of a company, agency, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

2. IntroCart Platform

IntroCart provides technology and services that may allow users to purchase, receive, manage, or interact with consumer leads, introductions, business opportunities, professional profiles, directory information, communications, and other products or services made available through the Platform. Features may change over time. We may add, modify, suspend, or discontinue features where reasonably necessary to operate, improve, secure, or comply with legal requirements applicable to the Platform. The availability of a feature, product, service, geographic market, lead type, professional profile, or other offering is not guaranteed.

3. Accounts

Certain Platform features require an IntroCart account. You agree to provide accurate and reasonably current account information and to maintain the security of your login credentials. You are responsible for activity occurring through your account except to the extent caused by IntroCart's own security failure or other conduct for which responsibility cannot lawfully be shifted to you. You must promptly notify us if you reasonably believe your account has been compromised or used without authorization. We may use reasonable verification measures to confirm account ownership, identity, business information, professional information, payment information, or other information relevant to use of the Platform.

4. Purchases and Lead Transactions

Purchases of consumer leads or introductions through IntroCart are governed by the IntroCart Lead Purchase Agreement, applicable product or campaign terms, and the commercial terms displayed and accepted at the time of purchase. Those terms may include price, quantity, geography, targeting criteria, delivery method, exclusivity or sharing status, return or credit eligibility, and other purchase-specific conditions. If these Terms conflict with the Lead Purchase Agreement regarding the purchase, delivery, use, return, or payment for Leads, the Lead Purchase Agreement controls. IntroCart does not guarantee that any lead, introduction, professional connection, inquiry, or other opportunity will result in contact, qualification, an appointment, quote, application, policy, engagement, sale, revenue, or other business result.

5. Payments

Where payment is required, you agree to pay the amounts presented and accepted during the applicable transaction. Payments may be processed by third-party payment processors. IntroCart does not require you to provide full payment-card information directly to IntroCart where such information is collected by the payment processor. Lead purchases, credits, refunds, payment disputes, and chargebacks are subject to the Lead Purchase Agreement and applicable purchase terms.

6. Acceptable Use

You may use IntroCart only for lawful business purposes. You may not: (a) use the Platform in violation of applicable law; (b) attempt to gain unauthorized access to accounts, systems, data, APIs, or infrastructure; (c) interfere with or disrupt the operation or security of the Platform; (d) introduce malicious code, malware, automated attacks, or harmful technologies; (e) scrape, harvest, copy, or systematically extract Platform data except where expressly authorized by IntroCart or permitted by applicable law; (f) use another person's account without authorization; (g) misrepresent your identity, organization, professional qualifications, licenses, affiliations, or authority; (h) use Platform data or consumer information for unlawful, fraudulent, deceptive, discriminatory, abusive, or unauthorized purposes; (i) circumvent purchasing, security, access-control, usage, or technical restrictions; (j) use the Platform to infringe the intellectual-property, privacy, publicity, or other legal rights of another person; or (k) use the Platform in a manner reasonably likely to create material harm to consumers, other users, IntroCart, or the integrity of the Platform.

7. User and Business Information

You retain your rights in information, materials, content, business information, professional information, photographs, logos, descriptions, or other materials you submit to IntroCart (“User Content”). You grant IntroCart a non-exclusive license to host, store, process, reproduce, display, format, and otherwise use User Content as reasonably necessary to operate and provide the Platform and features you choose to use. You represent that you have the necessary rights to provide User Content to IntroCart and permit its use for those purposes. You remain responsible for the accuracy and legality of User Content you provide. Our collection and processing of personal information is described in the IntroCart Privacy Policy.

8. Professional Profiles and Directory Information

IntroCart may provide professional profiles, organization profiles, directories, search tools, business information, or other discovery features. Unless IntroCart expressly states otherwise, the presence of a person, business, organization, credential, service, affiliation, or profile on the Platform does not constitute an endorsement, recommendation, certification, or guarantee by IntroCart. Users remain responsible for independently evaluating professionals, organizations, products, and services before entering into a transaction or professional relationship. IntroCart may distinguish between claimed, unclaimed, verified, and unverified information or profiles. Claiming a profile does not, by itself, constitute verification by IntroCart of every statement or credential appearing on that profile.

9. Communications

By creating an account or using certain Platform features, you may receive transactional, security, contractual, service, and account-related communications from IntroCart. Where permitted by law and your preferences, IntroCart may also send marketing or promotional communications. You may opt out of non-transactional marketing communications using the mechanisms provided in those communications. Transactional, security, contractual, and legally required communications may continue.

10. Consumer Information and Compliance

If you receive consumer information through IntroCart, your use of that information is subject to the Lead Purchase Agreement, applicable product terms, consumer consent, and applicable law. IntroCart's delivery of consumer information does not constitute legal advice or a representation that every method, frequency, or timing of contacting a consumer is lawful. Users are responsible for determining and complying with the laws applicable to their own business activities and communications.

11. Intellectual Property

The Platform and its software, design, interfaces, graphics, trademarks, logos, text, databases, compilation, and other materials owned by IntroCart or its licensors are protected by applicable intellectual-property laws. Except for rights expressly granted under these Terms, no rights in the Platform or IntroCart intellectual property are transferred to you. You may not copy, reproduce, distribute, modify, reverse engineer, publicly display, commercially exploit, or create derivative works from protected Platform materials except as expressly authorized or permitted by applicable law.

12. Third-Party Services

IntroCart may integrate with or provide access to third-party services, websites, payment processors, communications providers, CRM systems, mapping services, or other technologies. Third-party services are governed by their own terms and privacy practices. IntroCart is not responsible for the independent acts or omissions of third-party services except to the extent responsibility cannot lawfully be excluded.

13. Platform Availability

We seek to maintain a reliable Platform but do not guarantee uninterrupted or error-free availability. Maintenance, technical failures, internet or telecommunications outages, third-party failures, security events, force majeure events, or circumstances outside our reasonable control may affect availability. Where practical, IntroCart may provide alternative means of accessing or receiving purchased services when a Platform feature is temporarily unavailable.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR EXPRESS OBLIGATIONS SET FORTH IN AN APPLICABLE WRITTEN AGREEMENT, IntroCart DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IntroCart DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT USE OF THE PLATFORM WILL PRODUCE ANY PARTICULAR BUSINESS OR COMMERCIAL RESULT. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, METRIX HOLDINGS LLC, EQUOTO, IntroCart, AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING FROM OR RELATED TO THE PLATFORM. EXCEPT WHERE A DIFFERENT LIABILITY LIMIT EXPRESSLY APPLIES UNDER THE LEAD PURCHASE AGREEMENT OR ANOTHER WRITTEN AGREEMENT, IntroCart'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (a) amounts actually paid by the claimant to IntroCart during the six (6) months preceding the event giving rise to the claim; or (b) one hundred dollars (\$100). Nothing in this Section limits liability that cannot lawfully be limited or excluded.

16. Suspension and Termination

We may suspend or terminate access where we reasonably believe there is fraud, unlawful activity, misuse of consumer information, unauthorized account activity, a material security risk, material violation of these Terms, or conduct presenting material risk to consumers, users, IntroCart, or third parties. For other material breaches capable of cure, IntroCart may provide notice and a reasonable opportunity to cure where appropriate. You may discontinue use of IntroCart at any time, subject to outstanding contractual, payment, compliance, record-retention, or other obligations. Termination does not eliminate rights or obligations that arose before termination or provisions that by their nature should survive.

17. Electronic Contracting

You agree that electronic acceptance of these Terms and other IntroCart agreements may constitute your legally binding signature. You consent to receiving contractual notices and records electronically. IntroCart may retain records of acceptance, including account information, agreement version, date and time, IP address, user agent or device information, and the acceptance event.

18. Changes to These Terms

We may modify these Terms from time to time. When we do, we will update the effective or “Last Updated” date. Where changes materially affect existing contractual rights or obligations, we may provide additional notice or require renewed acceptance where appropriate or required by law. Continued use alone will not be treated as acceptance where applicable law requires a different form of consent.

19. Governing Law

These Terms and any dispute arising out of or relating to these Terms, the Platform, or use of IntroCart shall be governed by the laws of the State of Georgia, USA, without regard to conflict-of-law principles.

20. Dispute Resolution; Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY.

Except for claims that applicable law does not permit to be resolved through binding arbitration, any dispute, claim, or controversy arising out of or relating to IntroCart, the Platform, these Terms, an IntroCart account, use of the website or services, communications with IntroCart, or the relationship between you and IntroCart shall be resolved by binding arbitration. This includes disputes concerning the formation, interpretation, applicability, enforceability, breach, or termination of these Terms and disputes based on contract, statute, regulation, tort, fraud, misrepresentation, or other legal theory.

20.1 Pre-Arbitration Notice

Before initiating arbitration, the complaining party must provide the other party with a written Notice of Dispute reasonably describing the nature of the claim and requested relief. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after receipt of the Notice.

20.2 Arbitration

If the dispute is not resolved during that period, it shall be determined by binding arbitration in Atlanta, Fulton County, Georgia, before a single arbitrator administered by the American Arbitration Association (“AAA”) under the rules applicable to the dispute. Judgment on the arbitration award may be entered in any court having jurisdiction.

20.3 Individual Proceedings Only

YOU AND INTROCART AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW. Unless both parties agree otherwise, the arbitrator may not consolidate the claims of more than one person or preside over any form of representative or class proceeding.

20.4 Jury-Trial Waiver

TO THE EXTENT A DISPUTE IS SUBJECT TO ARBITRATION, YOU AND INTROCART KNOWINGLY WAIVE THE RIGHT TO HAVE THAT DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.

20.5 Arbitration Authority

The arbitrator shall have authority to award any individual relief or remedy that would otherwise be available under applicable law, subject to lawful limitations contained in these Terms or another applicable agreement. Questions concerning the enforceability of this arbitration provision shall be determined in accordance with applicable law.

20.6 Fees and Costs

Arbitration fees and costs will be allocated in accordance with applicable AAA rules and applicable law. Where another IntroCart agreement applicable to the dispute contains a valid and enforceable attorneys' fee or cost provision, that provision will continue to apply.

20.7 Non-Arbitrable Claims

If applicable law prohibits arbitration of a particular claim or remedy, only that claim or remedy shall proceed in the court of competent jurisdiction required by applicable law, while arbitrable matters shall remain subject to this Section to the extent permitted.

21. Entire Agreement and Order of Precedence

These Terms, the IntroCart Privacy Policy, and any additional agreement or terms expressly applicable to a particular IntroCart service or transaction constitute the agreement governing your use of the Platform. For purchases of Leads, the IntroCart Lead Purchase Agreement controls over these Terms with respect to lead purchasing, payment, delivery, returns, credits, consumer information, and other lead-purchase matters. For transaction-specific commercial matters, the product, order, campaign, or purchase terms displayed and accepted for that transaction control over inconsistent general commercial terms.

22. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed where necessary, and the remaining provisions shall remain in effect.

23. No Waiver

Failure to enforce a provision of these Terms does not waive the right to enforce that provision or any other provision later.

24. Assignment

You may not assign these Terms without our consent. IntroCart may assign these Terms to an affiliate or successor in connection with a merger, reorganization, financing, change of control, or sale of all or substantially all relevant business or assets.

25. Contact

Questions concerning these Terms may be directed to:

Metrix Holdings LLC dba eQuoto

Atlanta, Georgia, USA

Email: info@equoto.com

Telephone: (470) 947-2981