The terms that govern your purchase and use of Aged Leads from Second Chance Leads. Please read carefully before purchasing.
These Terms and Conditions and Purchase Agreement ("Agreement") govern the purchase and use of aged consumer leads ("Aged Leads") made available by Second Chance Leads ("Company," "we," "our," or "us") to any individual or entity that purchases, downloads, or otherwise obtains Aged Leads from Company (the "Client," "you," or "your"). By purchasing, downloading, or using any Aged Leads, you agree to be bound by this Agreement in its entirety. If you do not agree to these terms, you are not authorized to purchase or use the Aged Leads.
Aged Leads are consumer data records compiled from third-party sources and offered for sale as a digital product. Aged Leads are delivered electronically and are considered a digital good. Company makes no representation regarding the age, recency, or continued accuracy of any information contained in an Aged Lead.
ALL SALES OF AGED LEADS ARE FINAL. Because Aged Leads are a digital product that is delivered electronically and cannot be returned, Company does not offer refunds, credits, or exchanges once an order has been placed and the Aged Leads have been delivered, regardless of whether the Client uses, contacts, or otherwise acts upon the Aged Leads. This no-refund policy applies even where the Client is dissatisfied with the quality, accuracy, or performance of the Aged Leads, except as expressly provided under the Replacement Policy in Section 4 below.
Company makes no guarantee, warranty, or representation, express or implied, regarding:
Aged Leads are provided "AS IS" and "AS AVAILABLE." The Client acknowledges that aged consumer data naturally degrades in accuracy and relevance over time, and that Company's sole obligation with respect to lead quality is the Replacement Policy set forth in Section 4.
The Client is solely and exclusively responsible for scrubbing all Aged Leads against the Client's own agency internal Do-Not-Solicit ("DNS") list, as well as any other applicable do-not-call, do-not-contact, or suppression lists required under applicable law (including, without limitation, the National Do-Not-Call Registry and the Telephone Consumer Protection Act), prior to initiating any marketing, telemarketing, or solicitation activity using the Aged Leads. Company does not scrub Aged Leads against the Client's agency-specific Do-Not-Solicit system.
Where a Lead within a purchased batch of Aged Leads is identified by the Client as matching an entry on the Client's agency Do-Not-Solicit system (i.e., the Lead is "scrubbed out" and therefore cannot be lawfully or permissibly contacted by the Client), Company will replace that Lead with a new, equivalent Aged Lead at no additional cost to the Client.
Lead replacement under this Section 4 is the Client's sole and exclusive remedy for Aged Leads that are undeliverable, inaccurate, or unusable for any reason, including leads scrubbed out under the Client's Do-Not-Solicit system. Replacement does not entitle the Client to a refund, credit, or cash equivalent.
The Client represents and warrants that its use of the Aged Leads, including any telemarketing, email marketing, text message marketing, or direct mail activity, will comply with all applicable federal, state, and local laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telemarketing Sales Rule, do-not-call regulations, and any insurance industry-specific solicitation rules applicable to the Client's license or agency. Company makes no representation that the Aged Leads have been collected or compiled in a manner that satisfies these requirements, and the Client is solely responsible for independently verifying compliance, including the Do-Not-Solicit scrubbing obligations described in Section 4, before contacting any consumer.
Company grants the Client a limited, non-exclusive, non-transferable license to use the Aged Leads for the Client's own internal business purposes only. The Client may not resell, sublicense, share, rent, lease, transfer, or otherwise distribute any Aged Lead, in whole or in part, to any third party under any circumstances. All right, title, and interest in and to the Aged Leads remains with Company and/or its third-party data sources at all times.
Payment for all Aged Leads is due at the time of purchase and is processed via PayPal. By completing a purchase, the Client authorizes Company to charge the applicable fees through the Client's PayPal account. All prices are quoted and payable in U.S. Dollars.
Except as expressly set forth in this Agreement, the Aged Leads are provided "as is" and "as available," without warranty of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Company does not warrant that the Aged Leads will meet the Client's requirements or result in any particular outcome.
To the fullest extent permitted by law, Company shall not be liable to the Client or any third party for any indirect, incidental, special, consequential, or exemplary damages arising out of or related to the Aged Leads or this Agreement, including without limitation lost profits or lost business opportunities, even if Company has been advised of the possibility of such damages. In no event shall Company's total aggregate liability to the Client arising out of or related to this Agreement exceed five hundred dollars ($500.00).
The Client agrees to indemnify, defend, and hold harmless Company, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's use of the Aged Leads; (b) the Client's failure to comply with applicable law, including failure to properly scrub Aged Leads against the Client's Do-Not-Solicit system or other required suppression lists; or (c) the Client's breach of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located in Illinois, and each party consents to the personal jurisdiction and venue of such courts.
Company reserves the right to update or modify this Agreement at any time. The most current version will be made available to Clients upon request or at the point of purchase. Continued purchase or use of Aged Leads following any modification constitutes acceptance of the updated terms.
This Agreement constitutes the entire agreement between the Client and Company with respect to the purchase and use of Aged Leads and supersedes all prior or contemporaneous understandings, whether written or oral, relating to the same subject matter.
We're happy to help clarify anything before you purchase.