These Terms of Service (“Terms”) are a binding agreement between you and Lead Locale LLC(“Lead Locale,” “we,” “us,” or “our”), governing your access to and use of leadlocale.com (the “Site”) and our lead-delivery service (the “Service”). By accessing the Site or using the Service, you accept and agree to these Terms. If you are entering into these Terms on behalf of a law firm or other entity, you represent that you have authority to bind that entity, and “you” will refer to that entity.
1. Definitions
“Customer” means the personal injury law firm or other entity that purchases the Service. “Consumer Lead”means a record of an individual consumer’s motor-vehicle accident inquiry, including identifying information, contact information, and the verification fields described in Section 3. “Verified Lead”means a Consumer Lead that has passed Lead Locale’s published verification protocol prior to delivery. “Order”means a written or electronic order specifying the volume, territory, pricing, and term applicable to a Customer’s subscription.
2. Eligibility
The Service is offered solely to law firms engaged in the active practice of personal injury law within the United States. By accepting these Terms you represent that (a) you are an authorized representative of a law firm in good standing licensed to practice in the jurisdictions for which you order Verified Leads, (b) you are at least 18 years of age, and (c) your use of the Service will comply with all laws applicable to legal-services marketing including any state bar rules of professional conduct.
3. The Service
3.1 Lead delivery.Lead Locale delivers Verified Leads to Customer’s designated CRM, email parser, or webhook endpoint, as configured in Customer’s account. Each Verified Lead is delivered exclusively to one Customer; we do not sell shared leads.
3.2 Verification protocol.Prior to delivery, each Consumer Lead is checked against Lead Locale’s published verification fields. The current protocol is described on the Service’s public marketing pages. Lead Locale may add to or refine the verification protocol from time to time.
3.3 Territory and capacity. Lead Locale assigns territories on an exclusive basis at the metropolitan-area level, subject to capacity. Available capacity at the time of order is the basis for the pricing on the corresponding Order.
3.4 Service availability. Lead Locale will use commercially reasonable efforts to make the Service available. We may schedule maintenance windows and may, in case of incident, suspend delivery temporarily. Where suspension exceeds twenty-four (24) hours and is within our control, we will credit Customer pro rata for affected delivery days.
4. Account & access
Customer is responsible for keeping account credentials confidential, for all activity that occurs under its account, and for promptly notifying Lead Locale at joe@leadlocale.com of any unauthorized access. Lead Locale is not liable for losses arising from unauthorized account use that Customer fails to report.
5. Fees, billing & cancellation
5.1 Pricing.Pricing for the Service is per delivered Verified Lead, at the rate set forth in Customer’s Order. Pricing varies by practice area and territory and reflects the complexity and capacity profile of each market.
5.2 Billing.Charges accrue on lead delivery and are invoiced weekly or monthly in accordance with Customer’s Order. Invoices are due within fifteen (15) days of issuance. Lead Locale may suspend delivery for accounts more than thirty (30) days past due.
5.3 Setup & minimums.Lead Locale does not charge setup or onboarding fees. There is no minimum monthly volume commitment unless explicitly stated on Customer’s Order.
5.4 Month-to-month. Subscriptions to the Service are month-to-month unless otherwise specified on the Order. Customer may cancel at any time effective at the end of the then-current billing cycle by notifying joe@leadlocale.com no fewer than three (3) business days before the cycle end. Customer remains responsible for fees accrued through the cancellation effective date.
5.5 Taxes.Fees are exclusive of applicable sales, use, or similar taxes, which are Customer’s responsibility unless Customer provides a valid exemption certificate.
6. Lead replacement & disputes
6.1 Eligible disputes. Customer may dispute a delivered Verified Lead within forty-eight (48) hours of delivery on the basis that (a) the consumer denies the underlying inquiry, (b) the consumer was already represented by counsel at the time of delivery, (c) the contact information was non-functional in good-faith attempts to reach the consumer, (d) the lead falls outside the territory or practice area set forth in the Order, or (e) the lead failed one or more of the verification fields described in Section 3.2.
6.2 Process. Customer initiates a dispute by submitting the lead identifier and a short written description of the issue to joe@leadlocale.com. Lead Locale reviews each dispute against its verification log and will respond within five (5) business days.
6.3 Replacement or credit.Where the dispute is upheld, Lead Locale will, at its election, deliver a replacement lead within the same territory and practice area or credit Customer’s account for the disputed lead’s fee. Replacement is the exclusive remedy for non-conforming leads.
6.4 Disputes filed late or based on outcome.Disputes filed more than forty-eight (48) hours after delivery, or based on Customer’s failure to sign or convert a conforming lead, are not eligible for replacement.
7. Customer use & TCPA-aligned conduct
7.1 Permitted use.Customer may use Verified Leads solely to contact the consumer regarding the consumer’s underlying inquiry, in compliance with all applicable laws, including the Telephone Consumer Protection Act of 1991 (“TCPA”), state telemarketing laws, the CAN-SPAM Act, and rules of professional conduct applicable to Customer’s practice.
7.2 Prohibited conduct.Customer agrees not to (a) resell, redistribute, or share Verified Leads with any third party other than Customer’s own personnel, (b) use Verified Leads for any purpose other than the consumer’s underlying inquiry, (c) contact a consumer who has requested no further contact, (d) make material misrepresentations to consumers, or (e) use Verified Leads in violation of applicable bar rules or state legal-marketing regulations.
7.3 Consent records.Lead Locale will, on Customer’s reasonable request and at no additional charge, produce the consent record for any specific Verified Lead, including the verbatim consent language presented at capture, the IP address and timestamp of submission, and the source URL. These records will be produced within three (3) business days of request.
7.4 Customer responsibility. Customer is responsible for its own compliance once a Verified Lead is delivered, including for outbound calling rules, state-by-state DNC obligations, honoring opt-out requests, and any record-keeping required of Customer by law or rule.
8. Customer data & privacy
Each party is an independent controller of personal data it receives or processes under these Terms. Lead Locale’s processing of personal data prior to delivery is described in our Privacy Policy. After delivery, Customer is the controller of the Verified Lead data within Customer’s systems and is responsible for its handling under Customer’s own privacy program. Where required by law, the parties will execute a Data Processing Agreement on commercially reasonable terms.
9. Intellectual property
9.1 Lead Locale property. The Site, the Service, the verification protocol, the underlying software, and all related documentation are owned by Lead Locale and are protected by copyright, trademark, and other intellectual property laws. Customer receives a limited, non-exclusive, non-transferable license to access and use the Service during the subscription term solely as expressly permitted by these Terms.
9.2 Customer property. Customer retains all rights in its own brand assets, account-configuration data, and other materials that Customer provides to Lead Locale. Customer grants Lead Locale a limited license to use those materials solely as necessary to provide the Service.
9.3 Aggregated data. Lead Locale may use aggregated and de-identified data derived from operation of the Service for analytics, benchmarking, and product improvement, provided that such data does not identify Customer or any individual.
10. Confidentiality
Each party may receive non-public information of the other party (“Confidential Information”), including pricing, business plans, customer lists, and product roadmaps. Each party will use Confidential Information only as necessary to perform under these Terms, will protect it with at least the same care it uses to protect its own confidential information of similar importance (and in any event no less than reasonable care), and will not disclose it to any third party except as expressly permitted. These obligations survive termination for three (3) years. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.
11. Warranties & disclaimers
11.1 Mutual warranty. Each party warrants that it has the legal capacity and authority to enter into and perform under these Terms.
11.2 Service warranty.Lead Locale warrants that the Service will be performed in a professional manner consistent with industry standards and that each Verified Lead will have passed the verification protocol described in Section 3.2 prior to delivery. Customer’s exclusive remedy for breach of this warranty is the replacement-or-credit process described in Section 6.
11.3 Disclaimer.EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND LEAD LOCALE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LEAD LOCALE DOES NOT WARRANT THAT ANY VERIFIED LEAD WILL RESULT IN A SIGNED RETAINER, A SETTLEMENT, A JUDGMENT, OR ANY SPECIFIC FINANCIAL OUTCOME FOR CUSTOMER.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST CASES, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO LEAD LOCALE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO (a) AMOUNTS OWED UNDER THE INDEMNIFICATION OBLIGATIONS IN SECTION 13, (b) BREACHES OF CONFIDENTIALITY UNDER SECTION 10, OR (c) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
13. Indemnification
13.1 By Lead Locale.Lead Locale will defend Customer against any third-party claim alleging that the Verified Lead delivery as performed by Lead Locale infringes the third party’s intellectual property rights, and will indemnify Customer for damages awarded against Customer (or settlement amounts agreed by Lead Locale) for such claim.
13.2 By Customer.Customer will defend Lead Locale against any third-party claim arising out of (a) Customer’s use of Verified Leads in violation of Section 7, (b) Customer’s outbound communications to consumers, (c) any TCPA, telemarketing, or bar-rule violation arising from Customer’s conduct after delivery, and (d) Customer’s breach of these Terms; and will indemnify Lead Locale for damages awarded against Lead Locale (or settlement amounts agreed by Customer) for such claim.
13.3 Process. The indemnified party will provide prompt notice of the claim, allow the indemnifying party to control the defense (with counsel reasonably acceptable to the indemnified party), and provide reasonable cooperation. The indemnified party may participate in the defense at its own expense.
14. Term & termination
These Terms commence on the effective date of Customer’s Order and continue on the month-to-month basis described in Section 5.4 until terminated. Either party may terminate for the other’s uncured material breach on thirty (30) days’ written notice. Lead Locale may suspend the Service immediately for non-payment beyond thirty (30) days or for use that violates Section 7. On termination, all rights and licenses granted to Customer cease, Customer will pay all accrued fees through the termination effective date, and the provisions that by their nature should survive (including Sections 8, 9, 10, 11, 12, 13, 15, and 16) will survive.
15. Governing law & dispute resolution
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms will be resolved as follows.
15.1 Informal resolution. Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute by direct negotiation between authorized representatives for thirty (30) days following written notice of the dispute.
15.2 Binding arbitration. Any dispute not resolved through informal negotiation will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Kansas City, Missouri. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorney’s fees and costs unless the arbitrator determines that an award is appropriate.
15.3 Class waiver. The parties agree to resolve disputes only on an individual basis and waive any right to bring or participate in a class, collective, or representative action to the fullest extent permitted by law.
15.4 Equitable relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
16. General provisions
16.1 Entire agreement.These Terms, together with Customer’s Order and the Privacy Policy referenced herein, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous agreements.
16.2 Amendments. Lead Locale may modify these Terms by posting an updated version on the Site. Material changes will take effect thirty (30) days after notice; non-material changes take effect on posting. Continued use of the Service after the effective date constitutes acceptance.
16.3 Assignment.Customer may not assign these Terms without Lead Locale’s prior written consent. Lead Locale may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
16.4 Force majeure. Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet outages, or similar events.
16.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
16.6 No waiver.A party’s failure to enforce any right or provision is not a waiver of that right or provision.
16.7 Notices.Notices to Lead Locale must be sent to joe@leadlocale.com. Notices to Customer will be sent to the email on file in Customer’s account.
16.8 Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.
17. Contact
Questions about these Terms should be directed to:
Lead Locale LLC
Attn: Legal
8301 State Line Rd Ste 220
Kansas City, MO 64114
joe@leadlocale.com
+1 (928) 235-9341
