Terms of Service

1. DEFINITIONS

"Agreement" means these Terms of Service, including all exhibits and any subsequent amendments or modifications.

"Buyer," "You," "Your" means the individual or entity purchasing Leads from Big Daddy Leads.

"Leads," "Lead Data," "Consumer Data" means the consumer contact information and related data provided by Big Daddy Leads, including but not limited to names, addresses, phone numbers, email addresses, and demographic information. Leads are categorized into two distinct product types:

• (A) Live Intent Leads: Consumer records generated through active advertising campaigns where the consumer has directly expressed interest in insurance products by submitting their information through Big Daddy Leads' marketing channels.
• (B) Raw DataLeads™: Defined separately below.

"DataLeads™," "Raw Data," "99 Cent DataLeads" means consumer intent data records indicating online search behavior or commercial interest in insurance products. DataLeads™ are sold as raw, unverified data at wholesale pricing and carry materially different buyer obligations and restrictions as outlined in Section 5.10. DataLeads™ are NOT the same as Live Intent Leads and do not carry the same quality standards or dispute rights.

"Personal Information" means information that identifies, relates to, describes, or is reasonably capable of being associated with a particular consumer or household.

"Services" means the lead generation, data licensing, and related services provided by Big Daddy Leads.

"Effective Date" means the date You electronically accept these Terms by checking the acceptance box.

2. ACCEPTANCE AND SCOPE

2.1 Binding Agreement

By checking the acceptance box, You acknowledge that:

• You have read, understood, and agree to be bound by all terms and conditions in this Agreement.
• You have the legal capacity and authority to enter into this Agreement.
• If entering on behalf of a company or organization, You have the authority to bind that entity.
• This Agreement is enforceable against You to the same extent as any written contract bearing Your handwritten signature.
• You consent to conduct transactions electronically.

2.2 Entire Agreement

This Agreement constitutes the entire agreement between You and Big Daddy Leads regarding Lead purchases and supersedes all prior or contemporaneous understandings, whether written or oral.

2.3 Modifications

Big Daddy Leads reserves the right to modify these Terms at any time. Continued use of Services after modifications constitutes acceptance of revised Terms. You are responsible for reviewing Terms periodically.

3. LICENSE GRANT AND RESTRICTIONS

3.1 Limited License

Subject to Your compliance with this Agreement and payment of all applicable fees, Big Daddy Leads grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Lead Data solely for Your internal business purposes as specifically authorized herein.

3.2 No Title

This Agreement grants You no title to or ownership of the Lead Data, and You receive no rights to the Lead Data other than those specifically granted to You by Big Daddy Leads pursuant to this Agreement.

3.3 Authorized Uses

You may use Lead Data solely for the following purposes:

A. Marketing and Sales Activities (Live Intent Leads and DataLeads™):

• Contacting consumers to offer insurance products (life, health, Medicare, final expense, etc.)
• Email marketing campaigns (subject to CAN-SPAM Act compliance and required scrubbing)
• Direct mail campaigns
• Telemarketing (subject to TCPA compliance and DNC screening requirements)
• Customer relationship management and follow-up

IMPORTANT: DataLeads™ require additional scrubbing and compliance verification before use as described in Section 5.10. Live Intent Leads have been pre-screened but You remain responsible for maintaining compliance.

B. Identity Resolution:

• Matching data points (phone, email) to identify associated consumer information for sales purposes

C. Data Enhancement:

• Appending Lead Data to Your existing customer database to enhance customer profiles for sales and marketing

D. Audience Development:

• Building targeted prospect lists for insurance product offerings

3.4 Prohibited Uses

You expressly agree that You shall NOT use Lead Data for any of the following purposes:

A. FCRA-Prohibited Purposes: Under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and similar state laws, You shall NOT use Lead Data for:

• Determining consumer creditworthiness or credit approval
• Evaluating consumers for employment purposes
• Underwriting or determining eligibility for insurance coverage
• Any other purpose covered by FCRA or similar consumer reporting laws

B. Gramm-Leach-Bliley Act Violations: You shall NOT use Lead Data in any manner that violates the privacy obligations under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) or similar financial privacy laws.

C. Restricted Industries and Products: You shall NOT use or authorize any third party to use Lead Data to market or promote:

• Adult or pornographic content
• Tobacco products (including e-cigarettes, vaping products, or related paraphernalia)
• Alcoholic beverages
• Firearms, ammunition, or weapons
• Nutraceuticals or unregulated health supplements
• Speculative financial products or high-risk investments
• Gambling or betting services (where not legally permissible)
• Credit repair services or debt consolidation schemes
• Counterfeit products or pirated content
• Hate speech, discriminatory content, or content promoting violence

D. Reidentification Prohibited: You shall NOT use Lead Data to reidentify any natural person by matching pseudonymous identifiers with full names combined with home addresses, government-issued identification numbers, telephone numbers combined with full names and addresses, or clear text email addresses combined with full identifying information.

E. Resale and Redistribution Prohibited: You shall NOT resell, re-license, sublicense, lease, rent, or otherwise distribute Lead Data to any third party; share Lead Data with affiliates, partners, or related entities without express written permission; make Lead Data available through any data marketplace, exchange, or aggregation service; use Lead Data to create derivative databases for commercial distribution; or allow any third party access to Lead Data except Service Providers as defined in Section 4.2.

F. Reverse Engineering Prohibited: You shall NOT de-compile, disassemble, or reverse engineer Lead Data or any related technology; attempt to determine the sources or methodologies used to compile Lead Data; or create similar or competing data products using insights derived from Lead Data.

G. Illegal or Harmful Activities: You shall NOT use Lead Data for any unlawful purpose or in violation of any applicable laws or regulations; harassment, stalking, threatening, or intimidating consumers; fraudulent activities or misrepresentation; phishing, spamming, or other abusive electronic communications; discriminatory practices based on protected characteristics; or any activity that could harm consumers or Big Daddy Leads' reputation.

4. DATA PRIVACY AND COMPLIANCE OBLIGATIONS

4.1 Independent Controller Status

You acknowledge and agree that:

• You are an independent "Business" under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
• You are an independent "Controller" under other applicable state privacy laws
• You are solely responsible for Your own compliance with all privacy laws
• Big Daddy Leads is not Your service provider or processor for Lead Data You receive

4.2 Service Provider Limitations

You may share Lead Data with contractors, agents, service providers, subprocessors, or other third parties performing services exclusively on Your behalf ("Service Providers"), provided that:

A. Written Agreements Required: You maintain written agreements with each Service Provider that include confidentiality obligations at least as restrictive as this Agreement; privacy and data security requirements meeting or exceeding those in this Agreement; prohibitions on use of Lead Data for Service Provider's own purposes; prohibitions on further disclosure without Your authorization; data deletion obligations upon termination of services; and indemnification provisions protecting You and Big Daddy Leads.

B. Due Diligence and Oversight: You shall conduct appropriate due diligence before engaging Service Providers; monitor Service Providers' compliance with data protection obligations; immediately terminate Service Providers who violate data protection terms; and notify Big Daddy Leads within 48 hours of any Service Provider violations.

C. Liability for Service Providers: You remain fully liable for any acts or omissions of Your Service Providers as if such acts or omissions were Your own.

4.3 Privacy Policy Requirements

You shall maintain and conspicuously post on Your website a legally compliant privacy policy that:

A. Required Disclosures: Identifies all categories of Personal Information You collect, use, and share; describes the purposes for which Personal Information is collected and used; identifies categories of third parties with whom Personal Information is shared; describes consumers' rights under applicable privacy laws; and provides clear instructions for exercising privacy rights.

B. Specific CCPA/CPRA Requirements: Includes a "Notice at Collection" describing data collection practices; provides a "Do Not Sell or Share My Personal Information" link (if applicable); describes the right to opt-out of sale/sharing of Personal Information; describes the right to limit use of sensitive Personal Information; and includes contact information for privacy inquiries and requests.

C. Location and Accessibility: Posted prominently on Your homepage; easily accessible from every page of Your website; updated at least annually and whenever material changes occur; and available in plain, easily understandable language.

4.4 Consumer Opt-Out Rights

A. Honor Opt-Out Requests: Immediately cease using Lead Data for consumers who have opted out of sale/sharing; process Big Daddy Leads' opt-out lists (provided quarterly or as otherwise specified); maintain Your own opt-out mechanism and honor requests received directly; and delete or suppress opted-out consumers' data within 30 days of notice.

B. Opt-Out Mechanism Requirements: Provide at least two methods for consumers to opt out (e.g., web form, toll-free number, email); process opt-out requests within 15 business days; not require consumers to create accounts to opt out; and treat user-enabled global privacy controls (like GPC signals) as valid opt-out requests.

C. Recordkeeping: Maintain records of all opt-out requests for at least 3 years; document compliance with opt-out obligations; and provide records to Big Daddy Leads upon request.

4.5 Consumer Rights Requests

You shall establish processes to respond to consumer requests regarding:

A. Right to Know: Specific pieces of Personal Information You have collected; categories of Personal Information collected; categories of sources from which information was collected; business or commercial purposes for collecting information; and categories of third parties with whom information is shared.

B. Right to Delete: Delete consumer's Personal Information upon verified request; direct Service Providers to delete consumer's information; and exceptions: retention required by law or necessary for specific business purposes.

C. Right to Correct: Correct inaccurate Personal Information upon verified request; and update records and notify third parties who received the information.

D. Right to Opt-Out: As described in Section 4.4.

E. Right to Limit Use of Sensitive Personal Information: If You use sensitive Personal Information (as defined by CCPA/CPRA), honor limitation requests.

F. Response Timeframes: Acknowledge requests within 10 business days; respond substantively within 45 calendar days; and extend up to 45 additional days if necessary, with explanation.

4.6 Telemarketing Compliance (TCPA)

If You use phone numbers from Lead Data for telemarketing purposes, You shall:

A. Do Not Call (DNC) Screening: Screen all phone numbers against Federal Trade Commission's National Do Not Call Registry; screen against applicable state Do Not Call lists; maintain Your own internal Do Not Call list; re-screen numbers at least every 31 days; and document all DNC screening activities.

B. Prior Express Written Consent: Obtain prior express written consent before making autodialed calls or sending pre-recorded messages; obtain prior express written consent before sending SMS/text messages; maintain records of all consent for at least 4 years; and honor revocations of consent immediately.

C. Time-of-Day Restrictions: Only call between 8:00 AM and 9:00 PM in the consumer's local time zone; and respect any time-of-day preferences expressed by consumers.

D. Identification Requirements: Clearly identify Your business name at the beginning of each call; provide a telephone number or address where You can be reached; and maintain accurate Caller ID information.

E. Recordkeeping: Maintain records of all telemarketing calls for at least 4 years; document compliance with TCPA requirements; and provide records to Big Daddy Leads upon request.

4.7 Email Marketing Compliance (CAN-SPAM)

If You use email addresses from Lead Data for marketing purposes, You shall:

A. Email Hygiene: Use email verification service to validate addresses before sending; remove invalid, bounced, or undeliverable addresses promptly; and maintain suppression lists for opted-out recipients.

B. CAN-SPAM Requirements: Include accurate "From," "To," and "Reply-To" information; use accurate subject lines that reflect email content; identify messages as advertisements (if applicable); include Your valid physical postal address; provide clear and conspicuous unsubscribe mechanism; honor unsubscribe requests within 10 business days; and do not transfer email addresses to others after receiving unsubscribe requests.

C. Prohibition on Deceptive Practices: Do not use false or misleading header information; do not use deceptive subject lines; do not harvest email addresses from websites or services; and do not use scripts or automated programs to register for multiple email accounts.

4.8 Data Security Requirements

You shall implement and maintain reasonable security measures to protect Lead Data, including:

A. Administrative Safeguards: Designate personnel responsible for data security; provide data security training to employees with access to Lead Data; implement written data security policies and procedures; and conduct regular risk assessments.

B. Technical Safeguards: Encrypt Lead Data in transit and at rest; use firewalls and intrusion detection systems; implement access controls and authentication measures; regularly update and patch systems; and use anti-malware and anti-virus software.

C. Physical Safeguards: Secure physical access to facilities where Lead Data is stored; implement visitor controls and access logs; and secure disposal of physical media containing Lead Data.

D. Breach Notification: Notify Big Daddy Leads within 24 hours of discovering any actual or suspected data breach; provide detailed information about the breach, affected individuals, and remediation steps; cooperate fully with Big Daddy Leads' breach response efforts; and bear all costs associated with breach notification and remediation for breaches caused by Your fault or negligence.

4.9 State-Specific Requirements

You acknowledge that privacy laws vary by state and You are responsible for compliance with laws in all states where You operate or where affected consumers reside, including but not limited to California (CCPA/CPRA), Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Utah (UCPA), and any other state privacy laws enacted after the Effective Date.

4.10 Data Retention and Deletion

A. Retention Limits: Retain Lead Data only as long as necessary for authorized business purposes:

• Live Intent Leads: Retain as long as commercially reasonable for Your business needs.
• DataLeads™: Maximum retention period of 12 months from purchase date.

Establish and document data retention schedules. Automatically delete Lead Data when retention periods expire.

B. Deletion Upon Termination: Upon termination of this Agreement for any reason, immediately cease all use of Lead Data; within 30 calendar days of termination, permanently delete all Lead Data from all systems, networks, devices, backups, and storage media under Your custody or control; provide written certification of deletion to Big Daddy Leads; and direct all Service Providers to delete Lead Data and obtain their written certifications.

C. Secure Deletion Methods: Use industry-standard data destruction methods; render data unrecoverable and irretrievable; and maintain records of deletion activities.

5. PURCHASE TERMS AND PAYMENT

5.1 Orders and Acceptance

Each purchase order submitted through the Big Daddy Leads platform constitutes an offer to purchase Leads under these Terms. Big Daddy Leads may accept or reject any order in its sole discretion. Acceptance occurs upon delivery of Lead Data or confirmation email, whichever occurs first.

5.2 Minimum Order Requirements

A minimum order of $500.00 is required for all Lead and Data purchases. Orders below this threshold will not be processed.

5.3 Pricing

Prices for Leads are as displayed on the Big Daddy Leads platform at the time of order placement, unless otherwise agreed in writing. Big Daddy Leads reserves the right to modify pricing.

5.4 Payment Terms

A. Payment Methods: All payments shall be made via credit card, debit card, ACH transfer, or other payment methods accepted by Big Daddy Leads through our Stripe integration.

B. Payment Authorization: By providing payment information, You authorize Big Daddy Leads to charge Your designated payment method for the full purchase price of Leads ordered; any applicable sales taxes, use taxes, VAT, or other governmental fees; and any late payment fees as described below.

C. Payment Timing: Payment is due at the time of order placement. Orders will not be processed until payment is received and authorized.

D. Failed Payments: If payment authorization fails, Big Daddy Leads may suspend or cancel Your order; suspend access to previously delivered Leads; and pursue collection through legal means.

5.5 Taxes

You are responsible for all applicable federal, state, and local sales taxes, use taxes, VAT, excise taxes, or other governmental fees or charges related to Your Lead purchase. If You claim tax-exempt status, You must provide Big Daddy Leads with a valid tax exemption certificate before order placement. Big Daddy Leads reserves the right to collect and remit sales tax as required by law.

5.6 No Refunds

ALL SALES ARE FINAL. Lead Data purchases are non-refundable, except as expressly provided in Section 5.7 for Live Intent Leads only.

You acknowledge that:

• Live Intent Lead Data is delivered instantaneously upon payment authorization
• DataLeads™ are delivered in bulk immediately upon purchase confirmation
• Once delivered, Lead Data cannot be "returned"
• Refunds are not available for any reason, except as provided in Section 5.7
• Section 5.7 dispute rights apply ONLY to Live Intent Leads and explicitly DO NOT apply to DataLeads™
• DataLeads™ sales are absolutely final with no refunds, credits, or replacements under any circumstances

5.7 Lead Quality Disputes (Live Intent Leads Only)

IMPORTANT: This Section 5.7 applies ONLY to Live Intent Leads. DataLeads™ are expressly EXCLUDED from all dispute rights and are sold "as-is" with no quality guarantees. See Section 5.10 for complete DataLeads™ terms.

While all sales are final and non-refundable, Big Daddy Leads stands behind the quality of its Live Intent Leads. If You believe delivered Live Intent Leads fail to meet the specifications agreed upon at purchase, You must:

A. Dispute Timeline: Notify Big Daddy Leads in writing within 7 calendar days of Lead delivery. After 7 days, all disputes are waived and deemed resolved in Big Daddy Leads' favor.

B. Dispute Process: Provide specific details of alleged quality deficiencies; include sample Lead records demonstrating the issue (minimum 10% of order or 25 records, whichever is less); describe the quality standard You believe was not met; and allow Big Daddy Leads 15 business days to investigate.

C. Remedies: If Big Daddy Leads determines in its sole discretion that a genuine quality issue exists with Live Intent Leads, Big Daddy Leads may, at its option: provide replacement Live Intent Leads of equal value; issue account credit for future purchases (no cash refunds); or take no action if the issue does not materially impact Lead usability.

D. Exclusions: The following are NOT valid bases for quality disputes: low contact rates or conversion rates (consumer responsiveness varies); consumer requests to be removed from contact lists (consumer preferences change); consumers who do not answer phones or respond to emails (lack of response is not a quality defect); Leads that do not result in sales (Lead quality does not guarantee sales outcomes); minor data formatting issues that do not prevent Lead use; any issue not reported within the 7-day dispute period; and ANY issue relating to DataLeads™ (DataLeads™ have zero dispute rights).

5.8 Late Payments and Collections

If You have an open account with payment terms (as opposed to pay-per-order), the following applies:

A. Due Dates: Payment is due within 15 calendar days of invoice date unless otherwise specified in writing.

B. Late Payment Fees: Overdue balances incur a late fee of 1.5% per month (18% per annum) or the maximum amount allowed by law, whichever is less.

C. Service Suspension: If any undisputed invoice remains unpaid 30 days past due date, Big Daddy Leads may suspend Services until Your account is current.

D. Collections: If any undisputed invoice remains unpaid 60 days past due date, You shall reimburse Big Daddy Leads for all reasonable collection costs, including attorney fees and legal costs; collection agency fees; court costs and filing fees; and interest on unpaid amounts.

5.9 Invoice Disputes

If You dispute any invoice, You must notify Big Daddy Leads in writing within 15 calendar days of invoice date, providing specific details of the dispute. Any disputes not raised within 15 days are deemed waived. Disputed amounts do not relieve You of the obligation to pay undisputed amounts when due.

5.10 BDL 99 Cent DataLeads™ — Special Terms and Conditions

The BDL 99 Cent DataLeads™ product ("DataLeads™") consists of raw consumer intent data records indicating online search behavior or commercial interest in insurance products. DataLeads™ are fundamentally different from Live Intent Leads and are subject to materially different terms, pricing, and buyer obligations.

By purchasing DataLeads™, You acknowledge and agree to the following:

A. Nature of Product: DataLeads™ consists of raw consumer intent data from online search activity and behavioral signals. This is NOT lead data with verified consumer opt-in to receive communications from Your specific company or brand. DataLeads™ are sold at deeply discounted wholesale pricing ($0.10 per record) specifically because they are unverified, raw data requiring extensive buyer-side processing before use.

Big Daddy Leads makes NO representation regarding: data accuracy or currency; contact rates or deliverability; consumer responsiveness or interest level; fitness for any particular purpose; or compliance status for any use case.

DataLeads™ are sold strictly "AS-IS" with all faults.

B. Data Specifications: Each DataLeads™ record includes the following fields (when available):

C. Niche Categories: DataLeads™ are available in the following niche categories:

• U65 (Under age 65 general life insurance)
• Veterans
• IUL (Indexed Universal Life)
• Final Expense
• Medicare
• General Life Insurance

Orders may contain ONLY a single niche category per transaction. Mixed-category orders are not permitted. Maximum order quantity is 5,000 records per purchase transaction.

D. Data Retention and Deletion Requirements: You may retain DataLeads™ records for a maximum of twelve (12) months from the date of purchase. After 12 months, You must:

• Permanently delete all DataLeads™ records from all systems
• Ensure deletion from all backups, archives, and redundant storage
• Direct any service providers or subcontractors to delete the data
• Cease all use and contact based on such DataLeads™

Failure to delete DataLeads™ after 12 months constitutes a material breach of this Agreement and may result in immediate termination and legal action.

E. Buyer's Complete Scrubbing and Compliance Obligation:

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE for all compliance scrubbing, verification, and legal obligations before using DataLeads™ for ANY purpose, including but not limited to:

REQUIRED SCRUBBING (Before Any Contact):

1. DNC Screening:

• Screen against the Federal Trade Commission's National Do Not Call Registry
• Screen against ALL applicable state Do Not Call lists
• Maintain Your own internal Do Not Call suppression list
• Re-screen every 31 days if data remains in use
• Document all DNC screening activities

2. TCPA Compliance:

• Verify You have proper legal basis to contact each consumer
• Obtain prior express written consent before automated calls or texts
• Maintain consent records for minimum 4 years
• Honor all opt-out requests immediately
• Do not call outside permitted hours (8 AM – 9 PM consumer local time)

3. Email Compliance (CAN-SPAM):

• Verify email addresses for validity and deliverability
• Remove invalid, bounced, or undeliverable addresses immediately
• Maintain email suppression lists
• Include accurate "From" and "Reply-To" information
• Provide clear unsubscribe mechanism in every email
• Honor unsubscribe requests within 10 business days
• Include Your valid physical postal address

4. State-Specific Requirements:

• Verify compliance with all applicable state insurance marketing regulations
• Ensure You hold active insurance licenses in consumer's state of residence
• Comply with state-specific telemarketing and privacy laws

BIG DADDY LEADS MAKES ABSOLUTELY NO REPRESENTATIONS THAT DATALEADS™ HAVE BEEN SCRUBBED, VERIFIED, OR ARE COMPLIANT WITH ANY TELEMARKETING, EMAIL, PRIVACY, OR OTHER REGULATORY REQUIREMENTS.

F. Recommended Contact Methods: DataLeads™ records should be contacted manually, ideally via:

• Individual, manually-dialed phone calls
• Personalized email campaigns (after email verification)
• Direct mail (after address verification)

STRONGLY DISCOURAGED: Automated dialing systems, predictive dialers, robocalls, or mass text messaging campaigns applied to unscrubbed DataLeads™ present substantial legal risk and are undertaken entirely at Your own risk.

If You choose to use automated contact methods, You assume ALL legal liability for TCPA violations, DNC violations, and related regulatory penalties.

G. Complete Legal Indemnification:

BY PURCHASING DATALEADS™, YOU ASSUME ALL LEGAL LIABILITY FOR ITS USE, REGARDLESS OF THE NATURE, SOURCE, OR THEORY OF CLAIM.

You agree to indemnify, defend, and hold harmless Big Daddy Leads and all Indemnified Parties from ANY AND ALL:

• Claims, demands, actions, suits, or regulatory proceedings
• TCPA violations and penalties ($500–$1,500 per violation)
• Telephone Consumer Protection Act enforcement actions
• Telemarketing Sales Rule violations
• State and federal Do Not Call Registry violations
• CAN-SPAM Act violations
• State privacy law violations (CCPA, CPRA, VCDPA, CPA, etc.)
• Fair Debt Collection Practices Act claims
• Deceptive trade practices claims
• Consumer complaints and regulatory investigations
• Fines, penalties, damages, settlements, and judgments
• Attorneys' fees, costs, and expenses
• Any other liabilities arising from or related to Your use of DataLeads™

This indemnification is ABSOLUTE, UNLIMITED, and applies REGARDLESS of:

• Whether Big Daddy Leads performed any pre-delivery scrubbing
• Whether Big Daddy Leads made any representations about data quality
• Whether the claim arises from inherent data quality issues vs. Your use
• Any other limitation of liability provisions elsewhere in this Agreement

Your indemnification obligations for DataLeads™ supersede and override Section 8 (Limitation of Liability) with respect to DataLeads™ purchases.

H. No Warranty for DataLeads™:

In addition to the disclaimers in Section 7 of this Agreement, Big Daddy Leads makes absolutely NO representations or warranties regarding DataLeads™:

SPECIFICALLY DISCLAIMED:

• Accuracy of contact information
• Completeness of data records
• Currentness or recency of data
• Contactability or deliverability rates
• Consumer interest level or intent quality
• Compliance with any federal, state, or local laws
• Fitness for any particular purpose
• Merchantability
• Results, outcomes, or performance
• Freedom from errors or defects

YOU PURCHASE AND USE DATALEADS™ ENTIRELY AT YOUR OWN RISK.

I. Absolutely No Refunds, Credits, or Replacements:

ALL DATALEADS™ SALES ARE FINAL. Under NO circumstances will Big Daddy Leads provide:

• Refunds (partial or full)
• Account credits
• Replacement records
• Exchanges
• Chargebacks (You expressly waive all chargeback rights for DataLeads™)

The following are specifically NOT valid bases for refund, credit, or replacement:

• Low contact rates or conversion rates
• Invalid phone numbers or email addresses
• Consumers on Do Not Call registries
• Consumers who do not answer or respond
• Consumers who request removal from contact lists
• Consumers who are not interested in Your products
• Consumers who file complaints
• Missing data fields or incomplete records
• Data that is older than expected
• Data that does not meet Your quality expectations
• Your inability to achieve desired results
• Regulatory penalties or fines resulting from use
• ANY other reason whatsoever

Section 5.7 (Lead Quality Disputes) explicitly DOES NOT APPLY to DataLeads™.

J. Delivery and Pricing:

DataLeads™ are delivered immediately in bulk upon purchase confirmation via:

• Secure file transfer (CSV, Excel, or other agreed format)
• API integration (if available)
• Secure download link

Pricing: $0.10 per record (wholesale, as-is pricing)

Minimum Order: $500.00 (5,000 records minimum)

All DataLeads™ sales are final upon delivery. No cancellations after delivery commences.

K. Prohibited Uses: In addition to prohibited uses in Section 3.4, DataLeads™ may NOT be used for:

• Resale or redistribution as raw data to third parties
• Creating derivative databases for commercial distribution
• Any purpose that would violate source data licensing restrictions
• Marketing to consumers outside Your licensed insurance jurisdiction
• Contact without proper scrubbing and compliance verification

L. Privacy and Opt-Out Obligations: You shall honor all consumer opt-out requests received directly from consumers regarding DataLeads™. You must:

• Maintain Your own suppression/opt-out list
• Process opt-out requests within 10 business days
• Permanently suppress opted-out consumers from future contact
• Not transfer opted-out consumer data to third parties

You shall comply with all applicable privacy laws including CCPA/CPRA and shall maintain a compliant privacy policy describing Your data practices.

M. Recordkeeping Requirements: You shall maintain complete and accurate records of:

• All DataLeads™ purchases (date, quantity, niche)
• All scrubbing and verification activities
• All consumer contacts made using DataLeads™
• All consumer complaints and opt-out requests
• All regulatory inquiries or enforcement actions

Records must be retained for minimum four (4) years and produced to Big Daddy Leads upon request for audit or regulatory compliance purposes.

N. Acknowledgment and Acceptance: By purchasing DataLeads™, You explicitly acknowledge that You have read, understood, and agree to be bound by ALL terms in this Section 5.10, including:

• DataLeads™ are raw, unverified data sold "as-is"
• You bear 100% responsibility for scrubbing and compliance
• No refunds, credits, or replacements under any circumstances
• You indemnify Big Daddy Leads for ALL claims arising from Your use
• 12-month maximum data retention requirement
• Extensive legal and regulatory compliance obligations

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE DATALEADS™.

6. REPRESENTATIONS AND WARRANTIES

6.1 Your Representations and Warranties

By accepting these Terms, You represent and warrant that:

A. Authority and Capacity: You have full legal authority to enter into this Agreement; if acting on behalf of an entity, You are authorized to bind that entity; You are at least 18 years of age; and You are not prohibited by law from receiving or using Lead Data.

B. Compliance with Laws: You will comply with all applicable federal, state, and local laws and regulations in Your use of Lead Data; You will not use Lead Data in any manner that violates applicable law; You have obtained all necessary licenses, permits, and registrations required for Your business operations; and You maintain all required insurance coverage for Your business activities.

C. Insurance Licenses: You hold all necessary insurance licenses in all states where You conduct business; Your licenses are current, valid, and in good standing; You will immediately notify Big Daddy Leads if any license is suspended, revoked, or placed under investigation; and You will not use Lead Data in states where You are not properly licensed.

D. Accurate Information: All information You provide to Big Daddy Leads is accurate, current, and complete; You will promptly update any information that changes; and Your payment information is valid and You are authorized to use the payment method provided.

E. No Harmful Intent: You will not use Lead Data for any illegal, fraudulent, or harmful purpose; You will not engage in deceptive, misleading, or abusive marketing practices; and You will treat consumers with respect and professionalism.

F. Third-Party Rights: Your use of Lead Data will not infringe or violate any third party's intellectual property, privacy, or other rights; and You will not combine Lead Data with other data sources in ways that violate third-party rights or agreements.

6.2 Big Daddy Leads' Representations and Warranties

Big Daddy Leads represents and warrants that:

A. Authority: Big Daddy Leads has full authority to enter into this Agreement and grant the licenses herein; and the execution and performance of this Agreement will not violate any other agreements or obligations.

B. Data Sources: Lead Data is obtained from lawful sources; Big Daddy Leads has the right to license Lead Data to You as contemplated in this Agreement; and Lead Data does not knowingly violate any third-party intellectual property rights.

C. IMPORTANT LIMITATIONS: Big Daddy Leads makes NO other warranties, express or implied, regarding Lead Data. See Section 7 (Disclaimers) for details.

7. DISCLAIMERS OF WARRANTY

7.1 "AS IS" and "AS AVAILABLE" Basis

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.2, LEAD DATA AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

7.2 Disclaimer of Implied Warranties

BIG DADDY LEADS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• A. Implied Warranty of MERCHANTABILITY
• B. Implied Warranty of FITNESS FOR A PARTICULAR PURPOSE
• C. Implied Warranty of Title
• D. Implied Warranty of Non-Infringement
• E. Any Warranties Arising from Course of Dealing or Usage of Trade

7.3 No Warranty of Accuracy, Completeness, or Currentness

BIG DADDY LEADS DOES NOT WARRANT OR GUARANTEE:

A. Data Accuracy: That Lead Data is accurate, correct, or error-free; that contact information is current or valid; or that demographic or behavioral data is correct.

B. Data Completeness: That Lead Data is complete or comprehensive; that all requested data fields will be populated; or that Lead Data includes all available information about consumers.

C. Data Currentness: That Lead Data reflects the most recent information available; that consumer contact information has not changed since compilation; or that consumer interests or circumstances have not changed.

7.4 No Warranty of Results

BIG DADDY LEADS DOES NOT WARRANT OR GUARANTEE that You will achieve any particular contact rate, response rate, or conversion rate; that consumers will respond positively to Your marketing; that You will generate any specific revenue or profit from using Lead Data; that Lead Data will meet Your expectations or business needs; or that Your use of Lead Data will be uninterrupted or error-free.

7.5 Acknowledgment of Data Nature

You acknowledge and understand that consumer data is inherently subject to errors of transcription, input, and collection; consumer contact information changes frequently as people move, change phone numbers, or update email addresses; consumer interests and circumstances change over time; no consumer database can be 100% accurate or current; and Lead quality varies and some Leads may be uncontactable, unresponsive, or uninterested.

7.6 Your Assumption of Risk

You expressly assume all risk associated with Your use of Lead Data, including risk that consumers will not respond to Your marketing efforts; risk that contact information may be outdated or incorrect; risk that You may be unable to reach consumers; risk that Your marketing campaigns may not be profitable; and any and all other business risks associated with lead-based marketing.

8. LIMITATION OF LIABILITY

8.1 Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIG DADDY LEADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR PUNITIVE OR EXEMPLARY DAMAGES, including but not limited to damages for lost profits or revenue; loss of business opportunities; loss of goodwill or reputation; loss of data or information; cost of substitute goods or services; failure to achieve expected results; and any other pecuniary loss, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIG DADDY LEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG DADDY LEADS' TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF LEAD DATA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BIG DADDY LEADS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

8.3 Multiple Claims

THE LIMITATION OF LIABILITY IN SECTION 8.2 IS CUMULATIVE AND NOT PER INCIDENT. ALL CLAIMS SHALL BE AGGREGATED TO DETERMINE WHETHER THE LIMITATION HAS BEEN EXCEEDED.

8.4 Time Limit for Claims

ANY CLAIM OR CAUSE OF ACTION AGAINST BIG DADDY LEADS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO BRING A CLAIM WITHIN THIS TIMEFRAME CONSTITUTES A WAIVER OF SUCH CLAIM.

8.5 Essential Purpose

YOU ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 8 ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND BIG DADDY LEADS, AND THAT BIG DADDY LEADS WOULD NOT PROVIDE LEAD DATA ON THE TERMS SET FORTH HEREIN WITHOUT THESE LIMITATIONS ON LIABILITY.

8.6 Exceptions

THE LIMITATIONS IN THIS SECTION 8 SHALL NOT APPLY TO Your obligations to indemnify Big Daddy Leads under Section 9; Your breach of the license restrictions in Section 3.4 (particularly the prohibition on resale); Your violations of the Prohibited Uses in Section 3.4(C); Your breach of data privacy obligations in Section 4; and claims for fraud or willful misconduct.

8.7 Allocation of Risk

The parties acknowledge that the pricing, warranties, and limitations of liability in this Agreement reflect an agreed-upon allocation of risk between the parties. This allocation is an essential basis of the bargain and shall survive and continue in full force even if any limited remedy fails of its essential purpose.

9. INDEMNIFICATION

9.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Big Daddy Leads, its officers, directors, employees, agents, affiliates, licensors, service providers, and data suppliers (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

A. Your Use of Lead Data: Any use of Lead Data in violation of this Agreement; any use of Lead Data that violates applicable laws or regulations; any claims by consumers regarding Your use of their Personal Information; and any marketing activities You conduct using Lead Data.

B. Your Violations: Breach of any representation, warranty, or covenant in this Agreement; violation of Section 3.4 (Prohibited Uses); violation of Section 4 (Data Privacy and Compliance Obligations); and failure to comply with FCRA, TCPA, CAN-SPAM, CCPA/CPRA, or other applicable laws.

C. Third-Party Claims: Any claim that Your use of Lead Data infringes third-party rights; any claim by consumers that You violated their privacy or other rights; any claim that Your marketing practices are deceptive, misleading, or abusive; and any regulatory action or investigation related to Your use of Lead Data.

D. Your Service Providers: Any acts or omissions of Your Service Providers, contractors, or agents; and any breaches or violations by entities to whom You provided Lead Data.

E. Data Breaches: Any data breach or security incident caused by Your fault or negligence; any unauthorized access to or disclosure of Lead Data under Your control; and any failure to implement adequate security measures.

F. Your Business Operations: Any claims related to products or services You sell using Lead Data; any claims related to Your insurance agency or brokerage activities; and any claims that Your business practices violate applicable laws.

9.2 Indemnification Procedures

Your indemnification obligations are conditioned upon:

A. Prompt Notice: Big Daddy Leads providing You with prompt written notice of any claim (but failure to provide prompt notice only limits Your obligation to the extent You are prejudiced by the delay).

B. Control of Defense: You having sole control over the defense and settlement of the claim, provided that You may not settle any claim that requires Big Daddy Leads to admit liability, make any payment, or accept any ongoing obligation without Big Daddy Leads' prior written consent; Big Daddy Leads may participate in the defense at its own expense; and Big Daddy Leads may assume control of the defense if You fail to defend diligently.

C. Cooperation: Big Daddy Leads providing reasonable cooperation in the defense, at Your expense.

9.3 Big Daddy Leads' Indemnification (Limited)

Big Daddy Leads agrees to indemnify You from third-party claims that Lead Data, as provided by Big Daddy Leads and used in accordance with this Agreement, infringes third-party intellectual property rights, provided that You provide prompt written notice of the claim; You give Big Daddy Leads sole control of the defense and settlement; and You provide reasonable cooperation at Big Daddy Leads' expense.

This indemnity does not apply if the alleged infringement arises from Your combination of Lead Data with other data or materials; Your modification of Lead Data; Your use of Lead Data in violation of this Agreement; or Your use of Lead Data after being notified to cease such use.

Big Daddy Leads' maximum liability under this indemnity shall not exceed the amount You paid for the allegedly infringing Lead Data.

10. OWNERSHIP AND INTELLECTUAL PROPERTY

10.1 Big Daddy Leads' Ownership

This Agreement does not transfer to You any intellectual property rights, proprietary rights, or ownership interest in Lead Data. Lead Data and all rights, title, and interest therein, including all intellectual property rights, remain the sole and exclusive property of Big Daddy Leads and its licensors.

10.2 Trademarks

"Big Daddy Leads" and any associated logos, service marks, and trademarks are the property of South Western Consulting Group LLC. You may not use these marks without prior written permission.

10.3 Restrictions on Proprietary Rights

You shall not claim any ownership interest in Lead Data; register or attempt to register any intellectual property rights in Lead Data; remove, alter, or obscure any copyright, trademark, or proprietary notices in or on Lead Data; or challenge Big Daddy Leads' ownership of or rights in Lead Data.

10.4 Your Data and Feedback

If You provide Big Daddy Leads with feedback, suggestions, or ideas about Lead Data or Services ("Feedback"), You grant Big Daddy Leads a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without attribution or compensation.

11. CONFIDENTIALITY

11.1 Confidential Information Definition

"Confidential Information" means all non-public information disclosed by one party to the other, including but not limited to the terms and pricing of this Agreement; Lead Data and information about data sources and methodologies; business strategies, plans, and financial information; technical information and know-how; and customer lists and information.

11.2 Confidentiality Obligations

Each party shall keep Confidential Information strictly confidential; not disclose Confidential Information to third parties except as permitted in this Agreement; use Confidential Information solely for purposes of performing under this Agreement; and protect Confidential Information using at least the same degree of care used for its own confidential information, but no less than reasonable care.

11.3 Exceptions

Confidential Information does not include information that is or becomes publicly available through no breach of this Agreement; was rightfully known to the receiving party without restriction prior to disclosure; is independently developed by the receiving party without use of the Disclosing Party's Confidential Information; or is rightfully received from a third party without restriction.

11.4 Compelled Disclosure

If You receive legal process (subpoena, court order, regulatory demand) requiring disclosure of Big Daddy Leads' Confidential Information, You shall notify Big Daddy Leads within 5 calendar days (if legally permitted); provide a copy of the legal process; reasonably cooperate with Big Daddy Leads' efforts to contest or limit the disclosure; and disclose only the minimum information required.

11.5 Survival

Confidentiality obligations survive termination of this Agreement for a period of three (3) years.

12. TERM AND TERMINATION

12.1 Term

This Agreement becomes effective on the Effective Date (when You check the acceptance box) and continues until terminated as provided herein.

12.2 Termination by Big Daddy Leads

Big Daddy Leads may terminate this Agreement immediately upon written notice if:

A. Material Breach: You materially breach any provision of this Agreement and fail to cure within fifteen (15) days of written notice (or five (5) days for payment breaches); You breach the license restrictions in Section 3.4; You violate data privacy obligations in Section 4; or You engage in prohibited uses under Section 3.4.

B. Insolvency: You become insolvent or unable to pay debts when due; You file for bankruptcy or have bankruptcy filed against You; You make an assignment for the benefit of creditors; or a receiver is appointed for Your business or assets.

C. Regulatory Issues: Your insurance licenses are suspended, revoked, or placed under restriction; You become subject to regulatory investigation related to use of consumer data; or You are convicted of or plead guilty/no contest to any crime involving fraud or dishonesty.

D. Discretionary Termination: Big Daddy Leads may cease offering Lead Data services entirely with thirty (30) days' notice.

12.3 Termination by You

You may terminate this Agreement at any time by ceasing to order Lead Data; providing written notice to Big Daddy Leads; and deleting all Lead Data as required in Section 12.4. Termination does not relieve You of obligations to pay for Lead Data already received.

12.4 Effect of Termination

A. Immediate Effects: All licenses granted herein automatically terminate; You must immediately cease all use of Lead Data; You must immediately cease representing any affiliation with Big Daddy Leads; and outstanding payment obligations become immediately due and payable.

B. Data Deletion (30-Day Requirement): Within thirty (30) calendar days of termination, You shall permanently delete all Lead Data from all systems, devices, networks, backups, and storage media under Your control; direct all Service Providers to permanently delete Lead Data; obtain written certifications of deletion from Service Providers; and provide Big Daddy Leads with written certification of deletion signed by an officer of Your company.

C. Survival of Terms: The following Sections survive termination: Section 3.4 (Prohibited Uses) – continues to apply to any Lead Data retained contrary to deletion obligations; Section 4 (Data Privacy) – continues until all Lead Data is deleted; Section 7 (Disclaimers); Section 8 (Limitation of Liability); Section 9 (Indemnification); Section 11 (Confidentiality) – for 3 years; Section 13 (Dispute Resolution); and Section 14 (General Provisions).

12.5 No Refund Upon Termination

Termination does not entitle You to any refund of fees paid for Lead Data already delivered.

13. DISPUTE RESOLUTION

13.1 Informal Negotiation

Before initiating any formal dispute resolution proceeding, the parties agree to attempt to resolve disputes through good faith negotiation. Either party may initiate negotiation by sending written notice describing the dispute to the other party. The parties shall meet (in person or virtually) within fifteen (15) days to attempt resolution.

13.2 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13.3 Exclusive Jurisdiction and Venue

A. Court Jurisdiction: Any dispute not resolved through negotiation shall be resolved exclusively in the federal or state courts located in Douglas County, Colorado. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue.

B. Waiver of Jury Trial: TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

13.4 Injunctive Relief

Notwithstanding Section 13.1, Big Daddy Leads may seek immediate injunctive relief or other equitable remedies in any court of competent jurisdiction to prevent or restrain Your breach of license restrictions (particularly resale prohibition); violation of Prohibited Uses; breach of confidentiality obligations; or any other breach that would cause irreparable harm. You acknowledge that monetary damages would be inadequate compensation for such breaches and that Big Daddy Leads is entitled to injunctive relief without posting bond.

13.5 Attorneys' Fees

In any legal action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and other expenses from the non-prevailing party.

13.6 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

14. GENERAL PROVISIONS

14.1 Entire Agreement

This Agreement, including any exhibits, schedules, or documents incorporated by reference, constitutes the entire agreement between You and Big Daddy Leads regarding Lead purchases and supersedes all prior or contemporaneous negotiations, discussions, understandings, representations, or agreements, whether written or oral.

14.2 Amendments and Modifications

No amendment, modification, or waiver of this Agreement shall be effective unless in writing and signed by both parties, except that Big Daddy Leads may modify these Terms as provided in Section 2.3.

14.3 No Waiver

The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

14.4 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.5 Assignment

You may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without Big Daddy Leads' prior written consent. Any attempted assignment without consent is void. Big Daddy Leads may assign this Agreement without Your consent in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. This Agreement binds and benefits the parties' respective successors and permitted assigns.

14.6 No Third-Party Beneficiaries

This Agreement is solely for the benefit of the parties and their respective successors and permitted assigns. No third party has any right to enforce or benefit from any provision of this Agreement, except that Big Daddy Leads' data suppliers are express third-party beneficiaries of Sections 3.4, 4, and 9.

14.7 Relationship of Parties

The parties are independent contractors. This Agreement does not create any partnership, joint venture, employment, agency, or franchise relationship. Neither party has authority to bind the other or make commitments on the other's behalf.

14.8 Force Majeure

Neither party shall be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, labor disputes, utility failures, internet disruptions, or governmental actions. The delayed party shall notify the other party promptly and use reasonable efforts to minimize delays.

14.9 Notices

All notices under this Agreement shall be in writing and sent to:

To Big Daddy Leads:
South Western Consulting Group LLC d/b/a Big Daddy Leads
6421 N Florida Ave Ste D-787
Tampa, FL 33604
Email: dadmin@bigdaddyleads.com

To You: At the email address and postal address You provided during registration or order placement.

Notices are deemed effective: if by email, upon confirmation of receipt; if by certified mail, seven (7) days after mailing; and if by overnight courier, three (3) days after sending.

14.10 Interpretation

Headings are for convenience only and do not affect interpretation; "Including" means "including without limitation"; singular includes plural and vice versa; "May" means optional; "shall" and "will" mean mandatory; and any ambiguity shall not be construed against the drafter.

14.11 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures (including checkbox acceptance) have the same legal effect as handwritten signatures under E-SIGN and state UETA laws.

14.12 Language

This Agreement is executed in English. If translated into another language, the English version controls in case of conflict.

14.13 Right to Audit

Big Daddy Leads reserves the right to audit Your use of Lead Data to verify compliance with this Agreement. Upon fifteen (15) days' written notice (or without notice if Big Daddy Leads reasonably suspects material breach), You shall provide access to relevant books, records, systems, and facilities; allow inspection of systems where Lead Data is or was stored; provide documentation of Lead Data usage, deletion, and Service Provider agreements; and cooperate fully with the audit. Audits shall not occur more than twice per calendar year unless Big Daddy Leads has reasonable grounds to suspect breach. If an audit reveals material non-compliance, You shall reimburse Big Daddy Leads for audit costs.

14.14 Export Compliance

You shall comply with all applicable export control laws and regulations. You represent that You are not located in, under control of, or a national or resident of any country subject to U.S. embargo or export restrictions. You will not use Lead Data in violation of export laws.

14.15 Government Contracts

If You are a U.S. government entity or contractor, Lead Data is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 or DFARS 227.7202. Use, reproduction, and disclosure are subject to this Agreement, not government regulations.

14.16 Consumer Communication

You acknowledge that Big Daddy Leads is not responsible for consumer disputes arising from Your use of Lead Data. All consumer inquiries, complaints, and opt-out requests regarding Your marketing activities are Your sole responsibility. You shall prominently display Your contact information and privacy notice in all consumer communications.

15. DEFINITIONS (ADDITIONAL)

"Business Day" means any day other than Saturday, Sunday, or a federal holiday in the United States.

"CCPA/CPRA" means the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and all implementing regulations.

"CAN-SPAM Act" means the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 15 U.S.C. § 7701 et seq.

"FCRA" means the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

"GLBA" means the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq.

"TCPA" means the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227.

"Writing" or "Written" includes electronic communications sent to the email addresses specified in Section 14.9.

16. ACCEPTANCE CONFIRMATION

BY CHECKING THE "I ACCEPT" BOX, YOU CONFIRM THAT:

• ✓ You have read and understood all terms and conditions in this Agreement
• ✓ You agree to be legally bound by this Agreement
• ✓ You have the legal authority and capacity to enter into this Agreement
• ✓ If acting for a company, you are authorized to bind that company
• ✓ You acknowledge this is a legally binding contract equivalent to a signed written agreement
• ✓ You understand and accept all limitations of liability, disclaimers, and indemnification obligations
• ✓ You understand that all sales are final and non-refundable (except as specified for Live Intent Leads)
• ✓ You consent to electronic contracting and communications
• ✓ You waive any right to trial by jury
• ✓ You waive any right to participate in class action litigation

YOUR ELECTRONIC ACCEPTANCE CONSTITUTES YOUR LEGALLY BINDING ELECTRONIC SIGNATURE.

END OF TERMS OF SERVICE