Terms of Service

Last updated: December 2, 2025

1. Introduction, Acceptance, and Modification of Terms

a. These Terms are a binding agreement. Sell My House Fast LLC d/b/a Property Leads (“Property Leads,” “We,” “Us,” or “Our”), a Wyoming limited liability company, operates a website and platform (the “Website”) that provides Seller Leads to Lead Buyers who are real estate investors. These Terms of Service (the “Terms”) constitute a legally binding agreement between Property Leads and any person or entity who accesses or uses the Website (collectively, “Users,” “You,” or “Your”), including without limitation any Lead Buyer who purchases leads through the Website. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OR ACCESS THE WEBSITE.

b. These Terms apply to all Lead Buyers, Sellers, and users of the Website. The primary purpose of the Website is to facilitate the purchase and management of leads from Property Leads by Lead Buyers and the sale of leads and web traffic to Property Leads by publishers, mailers, and other affiliates (each, a “Seller”). However, these Terms apply to all Users, whether you are a prospective Lead Buyer, an existing customer, a Seller, or a general visitor accessing the Website.

c. These Terms contain a binding Arbitration Agreement. Agreeing to arbitrate means that you are giving up your right to litigate matters in court, a jury trial, or to participate in a class action. See Section 17 for more details.

d. We have the right to amend the Terms. We may amend these Terms at any time upon notice to you at your email address of record or, if no email address has been provided to us, by posting the amended Terms to the Website. The latest version of the Terms will be posted on the Website, and your continued use of the Website after any changes are posted constitutes your acceptance of the updated Terms. You are responsible for reviewing these Terms regularly to stay informed of any changes.


2. Key Definitions
a. “Affiliate” means with respect to any person or entity, any other person or entity directly or indirectly controlling, controlled by, or under common control with such person or entity.

b. “Dashboard” means the online account management interface provided by Property Leads for Lead Buyers and Sellers to manage accounts, track Leads or web traffic, update payment methods, or otherwise administer their relationship with Property Leads.

c. “Lead” means information submitted by or about a consumer or prospective seller of real property, including contact details and transaction interest, delivered by Property Leads to a Lead Buyer or provided by Seller to Property Leads.

d. “Lead Buyer” means a User who purchases or receives Leads from Property Leads.

e. “Privacy Policy” means the written policy explaining how Property Leads collects, uses, and shares personal information, and the privacy rights of Users, incorporated by reference into these Terms.

f. “Property Leads” means Sell My House Fast LLC dba Property Leads, including its affiliates and any successor entity, which operates the propertyleads.com platform.

g. “Refund Policy” means the written policy governing refunds for Leads, incorporated by reference into these Terms.

h. “Seller” means a User who provides Leads, web traffic, or digital referrals to Property Leads in exchange for compensation.

i. “Seller Acceptable Practices Policy” means the written policy setting forth the standards, prohibited conduct, and permitted marketing sources applicable to Sellers, incorporated by reference into these Terms.

j. “Transaction” means any interaction, purchase, sale, agreement, or exchange of services or information between a User and Property Leads.

k. “User” means any individual or entity that accesses or uses the Property Leads website or services, including but not limited to Lead Buyers, Sellers, and general visitors.


3. User Eligibility and Accounts

a. Eligibility.
i. The Website is a business-to-business portal intended solely for use by prospective and current Lead Buyers, Sellers, and other Website users doing business with Property Leads or otherwise accessing Property Leads services, including but not limited to browsing available territories, managing account settings, funding purchases, and submitting refund requests (collectively, the “Services”). No User may copy, scrape, interfere with, or republish any content or information from this Website without our prior written consent. Lead Buyer usage rights are governed exclusively by the Lead Purchase Agreement.

ii. By accessing the Website or entering into any Transaction with Property Leads, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

iii. If you are accessing the Website or entering into any Transaction with Property Leads on behalf of a business entity, you represent and warrant that you are an agent of said business entity and have the authority to enter into binding agreements on its behalf.

b. User Accounts.
i. In order to access certain portions of the Website, including areas related to lead purchasing and account funding, you may be required to create a “User Account.”

ii. You agree to provide accurate and complete information when creating your User Account and to keep that information up to date. You are responsible for safeguarding your login credentials and for any activity occurring under your User Account.

iii. Property Leads reserves the right to suspend or terminate access to any User Account at any time, for any reason, including but not limited to violation of these Terms or applicable law. For Lead Buyers, account management and termination are governed by the Lead Buyer Terms in Section 5 below. For Sellers, account management and termination are governed by the Seller Terms in Section 6 below.

iv. If you have no pending Transactions with Property Leads, you may request to close your User Account at any time by contacting support@propertyleads.com. Property Leads reserves the right to retain certain User Account information as required by law or internal policy.

v. Users are responsible for safeguarding their User Account and payment credentials. Property Leads is not liable for unauthorized Transactions unless otherwise required by applicable law.


4. Permitted Use. You are solely responsible for your use of the Website and any consequences thereof. You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You shall not:

a. Violate any applicable law, regulation, or rule;

b. Interfere with or disrupt the integrity or performance of the Website or its infrastructure (including via denial of service, scraping, or introduction of malware);

c. Use the Website to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or organization;

d. Access, scrape, or use any content or data on the Website through unauthorized or automated means (including bots, scraping tools, or data mining);

e. Reproduce, copy, resell, frame, mirror, spoof, or exploit any part of the Website for commercial use or to build a competitive product or service; and/or

f. Attempt to bypass security features or interfere with the Website’s normal operation.


5. Lead Buyer Terms

a. Application. The Lead Buyer Terms in this Section 5 apply whenever you or another User act as Lead Buyer by entering into a Transaction where you purchase Leads from Property Leads. Some Users may act as a Lead Buyer in some Transactions and as a Seller in others—for such users, the Lead Buyer Terms apply strictly when purchasing or receiving Leads from Property Leads.

b. Our Responsibilities and Obligations. During the Term, we agree to provide Lead Buyer with exclusive Leads for consumers who meet Lead Buyer’s “Qualifications”—that is, the specific geographic and other parameters identified by Lead Buyer in their Dashboard, as further described below.

c. Lead Buyer’s Responsibilities and Obligations.

i. Use of Leads. Lead Buyer expressly acknowledges and agrees that Lead Buyer may use the Leads actually purchased by Lead Buyer from Property Leads for the sole purpose of lawfully providing offers to purchase real property from the Consumer and no other unrelated products or services of any kind. Lead Buyer is prohibited from marketing any offer, good, or service, or otherwise using, any Lead that Lead Buyer does not purchase and pay for. If Property Leads discovers such marketing by Lead Buyer to unpurchased Leads, Lead Buyer will be billed for every Lead that Property Leads submitted to Lead Buyer at the highest possible monetary valued integration tier at which the Lead(s) in question were submitted and Lead Buyer will be obligated to pay for the same.

ii. No Resale/Rebrokering. Leads are provided to Lead Buyer with the understanding and intent that they will be used by Lead Buyer and not any third party. Lead Buyer shall not re-sell or re-broker any Leads received from Property Leads without first obtaining the express written consent of the associated Consumer.

iii. Telemarketing/Text/SMS Marketing Restrictions. Lead Buyer, including its Affiliates, Indirect Affiliates, subcontractors, and any third party acting at its direction, is strictly prohibited from sending any text message, placing robocalls, or otherwise contacting any purchased Lead via automated means for any purpose unrelated to directly inquiring about the purchase or sale of the property as identified by the Lead. Notwithstanding any requirements regarding Seller-obtained consent in these Terms, no Lead is delivered with any third-party telemarketing or TCPA opt-in consent, including but not limited to consent for promotional texts, marketing campaigns, product offers, or any non-property inquiry purpose unless expressly documented and confirmed in writing by Property Leads for such Lead. Lead Buyer acknowledges and agrees that it is solely responsible for ensuring that all text messages, calls, and other outreach to Leads comply fully with the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, and any applicable state or federal laws. Lead Buyer must independently obtain, document, and verify any required prior express written consent or opt-in for all automated communications, and must not rely on Property Leads for telemarketing or texting consent for any Lead. Property Leads reserves the right, but not the obligation, to monitor all Lead Buyer activities and communications to ensure strict compliance with this provision. Property Leads may, in its sole discretion and without notice, immediately suspend or terminate Buyer’s access to Leads, platform, or account for any suspected or actual violation of this Section or applicable law.

d. Dashboard. Lead Buyer can track their Leads, update their payment information, request refunds consistent with the Refund Policy, and manage their User Account generally within their Lead Buyer Dashboard. Lead Buyer is exclusively responsible for keeping all information and settings in the Dashboard up to date—notice of changes by email, phone or other means to Property Leads is insufficient. Property Leads will not be under any obligation to: (a) update any settings for Lead Buyer; (b) schedule outages or pause purchases for Lead Buyer for holidays; or (c) perform any updates to Lead Buyer's account that are readily available in the Dashboard. Property Leads will attempt to have the Dashboard be available and accessible 24/7/365 less scheduled maintenance times, but in the event of unscheduled downtime due to any fault of Property Leads, Lead Buyer’s sole remedy will be the postdating of any Dashboard changes attempted by Lead Buyer during the outage.

e. Pricing, Budget, and Payments.
i. Lead Cost and Bid Structure. All Leads are made available to Lead Buyer through a dynamic bidding platform, accessible through the Dashboard. Lead Buyer may specify its preferred territories (county, state, or national, each with specific minimum bid amounts set by Property Leads in its sole discretion) and set its maximum bid price for each territory in their Dashboard. Lead Buyer may increase maximum bids at any time but may not decrease their bid amount below the minimum set for the territory.

ii. Non-Refundable Initial Deposit and Account Balance. Upon initial activation of Lead Buyer’s User Account, Lead Buyer must deposit a minimum of $1,500 (or such other amount as set by Property Leads from time to time), which establishes its starting Account balance. THE INITIAL DEPOSIT IS NON-REFUNDABLE. Thereafter, Property Leads will automatically debit the Lead Buyer’s designated business credit or debit card for the amount of their highest current bid price whenever the Lead Buyer’s balance falls below their highest bid price, to ensure that a minimum balance equivalent to at least the cost of two (2) leads (at the highest bid price) is maintained at all times.

iii. Lead Budget and Billing Period. Lead Buyer will designate a monthly budget for Leads in the dashboard (the “Lead Budget”), which shall serve as the maximum total amount that Property Leads is authorized to charge during each billing period. The billing period runs from the calendar day Lead Buyer signs up or first activates a monthly subscription and renews on the same date of each subsequent month (e.g., August 15, September 15, and so on).

iv. Auto-Recharge and Ongoing Payment Triggers. Lead Buyer must maintain an active, valid business credit or debit card on file at all times. Lead Buyer hereby authorizes Property Leads to automatically charge such payment method in increments as described herein. Each Lead Buyer’s account is automatically charged for one (1) Lead, at the amount of their highest bid, every time their account balance would otherwise drop below the cost of maintaining a two (2) lead balance. This payment structure enables Lead Buyer to receive new Leads continuously, subject to available account balance and bid status, without interruption. Property Leads expressly reserves the right to attempt to rebill the payment method on file if any charge is declined or rejected or if you increase your maximum bid amount such that your current balance is insufficient to maintain a two (2) lead balance at such price.

v. Payment and Delivery Cycle. Leads are delivered and charged one (1) at a time, at the price of the Lead Buyer’s highest current bid, so that a continuous two (2) lead pre-paid balance is maintained. This process is repeated until the Lead Budget for the current billing period is reached, but will resume at the start of the next billing period.

vi. Lead Roll-Over and Budget Reset. If Lead Buyer has paid for Leads that have not yet been delivered by the end of a billing period, those prepaid Leads (“Rollover Leads”) will be credited and fulfilled in the next billing period before new charges are made under the subsequent month’s Lead Budget. Once all Rollover Leads are delivered, Property Leads may resume charging for new Leads, up to the monthly Lead Budget for that billing period.

vii. Lead Buyer Controls: Pause and Budget Adjustments. Lead Buyer may adjust its bid amounts and territories, adjust the Lead Budget, or pause delivery of Leads at any time using the dashboard. Unless or until Lead Buyer takes such action, new Leads will continue to be delivered, and payment cards will be automatically charged. All such changes take effect prospectively (not retroactively), and unless and until Buyer uses these tools to pause or modify participation, automatic charging and delivery will continue via the process above. It is the Buyer’s responsibility to actively manage their account; Property Leads will not be responsible for refunding charges that result from a Buyer failing to use these Dashboard controls.

viii. Chargebacks. Lead Buyer acknowledges and agrees that all payments under these Terms are authorized and may be avoided at any time by using Dashboard controls to pause, adjust bids, change budgets, or close the account. By accepting these Terms, Lead Buyer agrees to use the refund process before initiating any chargeback, and further agrees that initiating a chargeback without first seeking resolution through Property Leads constitutes a breach of these Terms and may result in suspension of services or recovery of chargeback-related costs to the fullest extent permitted by law.

f. Lead Return Policy. Disputes or objections regarding bidding or billing must be submitted in accordance with the Refund Policy; merely complaining by email, phone, chat, or other method to Property Leads or a representative thereof does not suffice.

g. Referral Credits. Lead Buyer may receive credits (“Referral Credits”) for referring new customers to Property Leads. Eligible Referral Credits will be added to the available balance in Lead Buyer's dashboard. Eligibility for Referral Credits must be determined in advance and in writing by Property Leads, otherwise Referral Credits will not be added for any referrals. Referral Credits have no monetary value and may only be used inside the Dashboard for Leads.

h. Inactivity. A Lead Buyer that has not purchased a Lead in thirty (30) days or more shall be deemed “Inactive.” Should Lead Buyer be Inactive, and Lead Buyer has a zero ($0) balance available in the Dashboard, Property Leads reserves the right, in its sole discretion, to permanently close Lead Buyer's User Account and prevent Lead Buyer from logging into the Dashboard.

i. Fraud. Property Leads may, at its discretion, discontinue lead delivery to any Lead Buyer at any time for any reason, including but not limited to nonpayment or suspected fraud.

j. No Guarantees. For the avoidance of doubt, PROPERTY LEADS DOES NOT GUARANTEE THAT ANY MINIMUM QUANTITY OF LEADS WILL BE PROVIDED, REGARDLESS OF THE AMOUNT OF LEAD BUYER’S BUDGET. PROPERTY LEADS DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT LEAD BUYER WILL HAVE A CERTAIN RETURN ON INVESTMENT, OR ANY RETURN AT ALL, ON ITS PURCHASE OF LEADS. PROPERTY LEADS DOES NOT GUARANTEE THAT THE LEAD INFORMATION IS ACCURATE OR THAT THE LEAD OWNS THE PROPERTY THAT IS THE SUBJECT OF THE LEAD.

k. Incorporation by Reference. The Refund Policy, Privacy Policy, and all other provisions of these Terms (including, without limitation, the sections on Legal Compliance, Confidentiality and Data Security, Indemnification, Limitations of Liability and Disclaimers, Taxes, and Dispute Resolution) shall govern the relationship and all Transactions between Lead Buyer and Property Leads and are incorporated herein by reference.


6. Seller Terms

a. Application. The Seller Terms in this Section 6 apply whenever you or any other User act as a Seller by entering into a Transaction in which you sell Leads or web traffic to Property Leads. Some Users may act as a Seller in certain Transactions and as a Lead Buyer in others—for such Users, the Seller Terms apply strictly when selling or providing Leads or traffic to Property Leads, and not when purchasing or receiving Leads as a Lead Buyer.

b. Definition of “Leads.” As used in this Section 6 and generally in relation to Sellers, the meaning of the defined term “Leads” shall mean and include exclusive Leads and any other forms of web traffic or digital referrals as may be agreed to between Seller and Property Leads, subject to the specific parameters, quality benchmarks, and criteria defined by Property Leads (“Standards”) in these Terms and any statement of work, insertion order, or other campaign-specific order form expressly agreed to and executed by Property Leads.

c. Seller’s Responsibilities and Obligations.
i. Providing Leads and Other Referrals. During the Term, you agree to provide Property Leads with exclusive Leads as may be agreed between you and Property Leads, subject to the specific Standards set forth herein and any campaign-specific Standards.

ii. Standards. All Leads and web traffic provided must satisfy Property Leads’ Standards, including those relating to geographic area, type of consumer, or any other requirements set forth by Property Leads via its Dashboard or other written instructions, such as in a Statement of Work or Insertion Order for a specific campaign. Unless expressly modified or waived by Property Leads in writing, the Standards listed in the Seller Acceptable Practices Policy, which is incorporated herein by reference, shall apply to all campaigns.

iii. Seller Acceptable Practices Policy. All Leads generated by Seller, and all marketing practices employed by Seller to generate Leads, shall strictly comply with the Seller Acceptable Practices Policy, which is incorporated herein by reference.

d. Compensation and Payment Terms.
i. Compensation. Property Leads agrees to compensate Seller for each Lead or other payable web traffic or referral meeting all Standards that is generated in compliance with the Seller Acceptable Practices Policy, delivered by Seller and accepted by Property Leads (each, a “Valid Lead”), based either (a) on a revenue share basis or (b) at a fixed per-unit or per-lead rate, in each case as specifically agreed by the Parties in writing. No compensation shall be due for any Lead or traffic rejected or determined by Property Leads, in its sole discretion, to be invalid, fraudulent, or otherwise non-compliant with these Terms or applicable law.

ii. Payment Terms. Property Leads will pay Seller on a biweekly basis, covering only amounts attributable to Leads or traffic accepted and successfully attributed to Seller during the preceding two-week period (the “Pay Period”). Seller must provide all requested tax documentation (e.g., IRS Form W-9 and any other compliance information) prior to any payment. Payments will be made by ACH or Wire transfer to the banking details provided by Seller, subject to withholding or offset for refunds, credits, or disputed amounts. If a scheduled payment date falls on a weekend or U.S. federal banking holiday, payment shall be made on the next business day.

iii. Payment Structure.
• Revenue Share Model (if applicable): If Seller is compensated on a revenue share basis, Property Leads will pay Seller a percentage of Gross Revenue actually collected by Property Leads from transactions that result directly from Valid Leads or traffic referred and accepted. The applicable percentage shall be agreed upon in writing. As used herein, “Gross Revenue” means the total cash proceeds actually received by Property Leads from the successful disposition (e.g., purchase, assignment, or sale) of the referred property or transaction attributable to Seller's Leads, excluding any refunds, taxes, third-party fees, or amounts paid to service providers.

• Fixed Rate/Cost-Per-Lead Model (if applicable): If Seller is compensated on a fixed cost-per-lead (CPL) or fixed traffic rate, Property Leads will pay Seller a flat amount per valid, accepted Lead or per other accepted units of web traffic, as mutually agreed in writing.

iv. Tracking. Property Leads’ tracking and records will control with respect to the attribution of Leads, traffic, and associated transactions. These records shall be dispositive absent demonstrable error.

v. Invalid, Duplicate, or Fraudulent Leads/Traffic. No payment will be made for any Lead or web traffic that is, in Property Leads’ sole reasonable discretion, determined to be invalid, duplicate, incentivized in violation of these Terms or the Seller Acceptable Practices Policy, fraudulent, non-human, generated through prohibited means, or in material breach of these Terms. If payment has already been made for such traffic or Lead, Property Leads may (at its option) issue a refund, offset, or credit against future amounts owed, or demand return of any amounts paid. Seller shall promptly cooperate to resolve any such issues and provide all data Property Leads reasonably requests for validation.

vi. Disputes and Adjustments. Any disputes regarding accepted Leads/traffic, payment amounts, or the validity of referrals must be submitted in writing to Property Leads within fifteen (15) days of payment. Failure to dispute within this period constitutes waiver. Property Leads may withhold or offset disputed amounts until resolution.

vii. Credits and Offsets. Property Leads reserves the right to withhold or offset amounts otherwise owed to Seller for any amounts previously paid for invalid, unwanted, refunded, or disputed Leads or traffic.


7. Taxes

a. Tax Responsibility. Each Lead Buyer and Seller is solely responsible for the calculation, reporting, collection, payment, and remittance of any and all applicable sales, use, excise, value-added, or similar taxes imposed by federal, state, or local authorities in connection with their purchase or sale of Leads, web traffic, or related services under these Terms. Property Leads shall have no responsibility for any such taxes except for taxes assessed on Property Leads' own income or gross receipts.

b. Tax Documentation. All Users agree to provide Property Leads, promptly upon request, with any tax documents, certifications, or information Property Leads deems necessary for compliance with applicable law or regulatory requirements, including but not limited to IRS Form W-9, business licenses, or other similar documentation as required.

c. Withholding of Payment or Services. Property Leads may withhold or delay payment of any amounts, or suspension or discontinuation of any services, pending timely receipt and approval of all required tax documentation from the User. Property Leads may also report payments and transactions to tax authorities as required by law.


8. SMS/Text Messaging Communications from Property Leads

a. Program & Consent. As a User, by providing your mobile number to Property Leads and opting in (e.g., by submitting a web form, checking a consent box, or texting a keyword), you agree to receive SMS/text messages from Property Leads related to your User Account, service updates, and (if you opt in) marketing/promotional content. Consent is not a condition of purchase.

b. Message Frequency. Messages are recurring and message frequency varies based on your interactions with us.

c. Costs. Message and data rates may apply. Property Leads does not charge a separate fee for SMS messages, but your carrier’s rates may apply.

d. How to Opt Out. You may cancel at any time by replying STOP to any message. You will receive a one-time confirmation text. After this, you will no longer receive SMS messages from us unless you re-opt in (for example, by replying START or re-submitting a form).

e. How to Get Help. For help, reply HELP to any message.

f. Delivery & Carrier Disclosures. Delivery of SMS messages is subject to effective transmission by your carrier and is not guaranteed. Carriers are not liable for delayed or undelivered messages. Availability may vary by carrier and device.

g. Eligibility & Your Responsibilities. You must be at least 18 years old and provide a valid mobile number you control. You agree to promptly notify us if you change or deactivate your number.

h. Privacy. We handle mobile numbers as described in our Privacy Policy.


9. Legal Compliance

a. General Obligation. All Users, including Lead Buyers and Sellers, agree to comply with all applicable federal, state, and local laws, rules, and regulations in connection with their use of the Property Leads platform, purchase or sale of Leads or web traffic, and all related activities and communications. Such laws include, without limitation, All privacy and data protection laws (including, but not limited to, the Gramm-Leach-Bliley Act and related Privacy Laws), the TCPA, its implementing FCC rules, and all subsequent guidance and amendments, federal and state anti-spam and electronic communications laws (such as CAN-SPAM), the Federal Trade Commission (“FTC”) Act, including prohibitions on deceptive, unfair, and false advertising, all laws and regulations governing real estate sales, brokers, agents, and referral activity for any applicable jurisdiction, any other consumer protection, marketing, telemarketing, or commercial communication laws that may apply to transactions enabled through the Property Leads platform.

b. Seller Compliance. In addition to the foregoing, all Sellers must also comply with the Seller Acceptable Practices Policy, as may be amended from time to time, which is incorporated into these Terms by reference and sets forth additional requirements and restrictions on marketing activities, traffic sources, and lead generation practices.

c. Certification and Cooperation. Users shall, upon request, certify their compliance and provide Property Leads with all information, records, or supporting documentation reasonably required to verify ongoing legal and regulatory compliance.

d. Remedies for Noncompliance. Failure to comply with this Section may result in immediate suspension or termination of account access, withholding of payments, reporting to applicable authorities, or other lawful action as Property Leads deems appropriate.


10. Confidentiality and Data Security

a. Definitions Applicable to this Section.
i. Confidential Information. "Confidential Information" means all Lead Information, Nonpublic Personal Information, trade secrets, and other non-public business or financial information, business methods, procedures, know-how, contact data and other information relating to a Party's business disclosed by one Party to the other, in any form or medium, whether or not marked as confidential.

ii. Lead Information. "Lead Information" means all information, including, without limitation, all Nonpublic Personal Information (as defined in subsection 7.1(c) herein), provided by or about a Lead.

iii. Non-public Personal Information. "Nonpublic Personal Information" has the meaning set forth in the Gramm-Leach-Bliley Act of 1999, 15 U.S.C. §§ 6801 et seq., as amended, and applicable federal and state laws and regulations implementing the said act (collectively, "Privacy Laws").

iv. Publicly Available Information. "Publicly Available Information" includes any information that a Party has a reasonable basis to believe is lawfully made available to the general public from: (i) federal, state, or local government records; (ii) widely distributed media; or (iii) disclosures to the general public that are required to be made by federal, state or local law.

v. Security Breach. "Security Breach" means unauthorized or accidental access, use, loss, or disclosure of Lead Information or Confidential Information, or breach of any information system that could reasonably be expected to expose such information.

b. Roles and Compliance. When acting as a Lead Buyer, Seller, or both, each User acknowledges and agrees that certain information exchanged may be classified as personal information under state and federal law. In these circumstances, Property Leads acts as a service provider, processor, or contractor (as defined by applicable law), and User acts as the business, controller, or client.

c. Purposes and Limitations on Use. Each Party shall process Lead Information and Nonpublic Personal Information solely as needed for the performance of these Terms and not for their own independent purposes. No Party shall sell, share, retain, use, or disclose such personal information beyond what is necessary to accomplish the provision or receipt of Leads or traffic, nor shall such information be combined with other sources except as expressly authorized.

d. Non-Disclosure of Confidential Information. Each Party will hold the other Party's Confidential Information in confidence and will safeguard it with at least the same degree of care as a prudent businessperson would use to safeguard his or her own proprietary information and trade secrets, and each Party will use the other's Confidential Information solely for purposes of performing under these Terms. A Party will not be obligated to protect Confidential Information to the extent such information: (a) is publicly known other than through a wrongful act or omission of the receiving Party; (b) was available to or already known by the recipient on a non-confidential basis prior to its disclosure by the other Party; (c) is developed by the recipient independently of any information acquired from the other Party; (d) becomes available to the recipient on a non-confidential basis from a third Party, provided that the recipient has no reason to know that the third Party is or may be bound by a confidentiality agreement with the disclosing Party; or (e) is disclosed pursuant to a court order or the requirement of any governmental authority (in which case the recipient will promptly notify the disclosing Party of any such order or requirement, and cooperate, at the disclosing Party's expense, in any effort to obtain a protective order from the issuing court or governmental authority limiting disclosure and use of the information). Each Party will, immediately upon request or the termination of these Terms, return or destroy (at the disclosing Party's request) all Confidential Information of the other Party and all copies and embodiments thereof.

e. Protection of Lead Information. Each Party will exercise all due care with respect to Lead Information and the collection, handling, delivery, processing and transmission thereof, including, and without limitation, to confidentiality, security, Privacy Laws, and any consent or authorization necessary to use such information as contemplated hereby.

f. Assistance and Consumer Requests. Each Party shall cooperate with the other to respond to any legally required consumer requests to access, delete, or correct their personal information, and take reasonable steps to fulfill or assist with such requests expeditiously.

g. Security Measures. Each Party shall implement and maintain commercially reasonable physical, technical, and organizational safeguards to protect Lead Information and Nonpublic Personal Information against loss, misuse, unauthorized access, disclosure, alteration, or destruction, in accordance with prevailing industry standards and applicable law.

h. Security Breach Notification and Response. Each Party shall promptly notify the other in writing upon discovery of any Security Breach affecting Lead Information or Nonpublic Personal Information. Each shall cooperate in investigation, remediation, and in providing any mandatory notifications to affected individuals and regulators as required by law.

i. Data Retention and Disposal. Property Leads shall permanently delete Personally Identifiable Information (PII) from its Dashboard as soon as practicable and, in any event, within ninety (90) days after initial delivery to Lead Buyer, except where longer retention is required by law or for record-keeping of consents.

j. Audit and Demonstration of Compliance. Property Leads reserves the right to audit and request written certification or records from Users as reasonably required to verify compliance with this Section.

k. Subcontractors and Further Restrictions. No personal information shall be transferred or disclosed to any third party or subcontractor unless such party assumes the same confidentiality and data protection obligations described herein by written contract.

l. Required Disclosure. Either Party may disclose Lead Information as required by any applicable law, regulation, rule, court or administrative order, subpoena or discovery requests, or similar legal requirements. In the event of any such required disclosure, the disclosing Party will, to the extent permissible under applicable law, notify the other in advance of such disclosure and cooperate in any effort to minimize the extent of such disclosure and maintain the confidentiality of such Lead Information.


11. Intellectual Property

a. Ownership. Property Leads, its affiliates, and partner companies own and retain all rights, title, and interest in and to all trademarks, trade names, service marks, logos, and brand identifiers, including but not limited to any and all versions of the mark “Property Leads” (collectively, the “Property Leads Marks”). All content, features, functionality, software, and data on the Property Leads website—including, but not limited to, text, graphics, logos, videos, interfaces, and code—are the exclusive property of Property Leads or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.

b. Restrictions on Use. No User may copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any portion of the Property Leads website, Property Leads Marks, or other proprietary content or materials owned by Property Leads without Property Leads’ express prior written consent, except as expressly permitted under an applicable agreement for Lead Buyers or Sellers.

c. No Implied Rights or Assignments. Use of the website or participation in any transaction does not grant any User any right, title, or interest of any kind in the intellectual property owned by Property Leads or its licensors, other than the limited rights expressly granted under these Terms or a separate agreement. Nothing herein shall be construed as a transfer, assignment, or license of any intellectual property rights by Property Leads to any User, except as expressly permitted in writing.


12. Indemnification

a. Mutual Indemnification Responsibilities. Each Party (“Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, Property Leads, and their respective directors, officers, shareholders, employees, agents, affiliates, successors, and assigns (“Indemnified Parties”) from and against any and all third-party actions, claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and out-of-pocket costs) (“Claims”) arising out of or related to any actual or alleged breach of these Terms (including breach of any representation or warranty, or violation of applicable law) by the Indemnifying Party.

b. Lead Buyer-Specific Responsibilities. Lead Buyer shall further indemnify, defend, and hold harmless Property Leads and its Indemnified Parties from and against any Claims arising out of: (i) unauthorized or unlawful use, disclosure, or processing of Lead Information or consumer data received from Property Leads; and/or (ii) any act, omission, or conduct by Lead Buyer or its employees, agents, or representatives relating to outreach, marketing, or use of leads, including all statutory damages, penalties, settlements, and attorney's fees.

c. Seller-Specific Responsibilities. Seller shall further indemnify, defend, and hold harmless Property Leads and its Indemnified Parties from and against any Claims arising out of: (i) the acts, omissions, or conduct of Seller’s affiliates, indirect affiliates, contractors, agents, or any third party acting at Seller’s direction regarding the provision or generation of Leads, traffic, or other deliverables; (ii) any claim arising out of Seller’s violation of the Seller Acceptable Practices Policy, or any prohibited, fraudulent, or unauthorized lead or traffic source supplied to Property Leads; and/or (iii) Claims brought by any consumer or regulator in connection with the provision of lead or traffic information.

d. Indemnification Procedures. The Indemnified Party’s right to indemnification is conditioned upon: (i) prompt written notice of the claim or action to the Indemnifying Party; (ii) granting the Indemnifying Party reasonable participation in the defense or settlement (provided that any settlement imposing a material affirmative obligation, ongoing material liability, or material prejudice to the Indemnified Party requires its prior written consent); and (iii) reasonable cooperation by the Indemnified Party, and assistance at the Indemnifying Party’s request and expense, in the defense or settlement of the claim or action. The Indemnified Party shall have a right to participate in the defense of the Claim at its own expense.

e. Remedies and Payment. The Indemnifying Party shall promptly pay and fully satisfy any and all losses, judgments, costs, settlements, damages, or expenses (including attorneys’ fees, expert costs, and settlement amounts) sustained by the Indemnified Party as a result of any indemnifiable Claim under this Section.


13. Representations and Warranties

a. Mutual Representations and Warranties. Each Party represents and warrants to the other that: (i) it has full power and authority to enter into and perform its obligations under these Terms; (ii) these terms are a valid and binding obligation, enforceable under its terms (iii) its execution, delivery, and performance of these Terms do not violate any law or any other agreement to which it is a party; and (iv) it will comply with all applicable laws, regulations, and industry standards in carrying out its obligations under these Terms.

b. Lead Buyer Representations and Warranties. Lead Buyer further represents and warrants that: (i) it will maintain all required licenses, permits, or registrations necessary for its business; and (ii) t will use all Lead Information, including any “enrichment data,” only as permitted by these Terms, will respect Consumer privacy, and will respond promptly to any consumer inquiry or request regarding their personal information.

c. Seller Representations and Warranties. Seller further represents and warrants that: (i) it has full rights and authorization to provide all Leads, web traffic, or related data to Property Leads, and that such information was collected lawfully and, where applicable, with all required permissions; (ii) it has complied, and will comply, with all requirements of the Seller Acceptable Practices Policy incorporated by reference; and (iii) it will notify Property Leads promptly of any investigation, restriction, or notice that may affect the validity of Leads, web traffic, or its ability to perform under these Terms.


14. Limitations of Liability and Disclaimers

a. Limitations. EXCEPT FOR INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PROPERTY LEADS NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING LOST PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE PROPERTY LEADS PLATFORM, WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHER THEORY—EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. Maximum Liability. UNLESS OTHERWISE AGREED IN WRITING, THE AGGREGATE LIABILITY OF PROPERTY LEADS TO ANY LEAD BUYER, SELLER, OR OTHER USER (INCLUDING AFFILIATES AND THIRD PARTIES CLAIMING THROUGH THEM) FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES—REGARDLESS OF THE BASIS OR THEORIES ASSERTED—SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO OR RECEIVED FROM PROPERTY LEADS BY OR FOR SUCH PARTY UNDER THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

c. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, PROPERTY LEADS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AVAILABILITY, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE. ALL CONTENT, LEADS, WEB TRAFFIC, ENRICHMENT DATA, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL USERS ASSUME ALL RISKS ASSOCIATED WITH THEIR USE.

d. Cybersecurity Claims. For claims resulting from a cybersecurity incident, data breach, or unauthorized data access, Property Leads’ liability shall not exceed the lower of the foregoing cap or the amount of insurance actually maintained and available to satisfy such claims at the time of the event.


15. Non-Solicitation, Non-Circumvention and Non-Disparagement

a. Non-Solicitation. During the term of these Terms and for one (1) year following its termination, no User shall, directly or indirectly, solicit or attempt to solicit any employee, contractor, representative, client, customer, or lead of Property Leads (or of any other User, if gained through the Property Leads platform) for the purpose of performing competing lead generation or real estate services, except with prior written consent. This restriction does not prevent general advertising or hiring through publicly available channels.

b. Non-Circumvention. During the term of these Terms and for one (1) year following its termination, no User shall, directly or indirectly, circumvent, avoid, bypass, or obviate Property Leads’ interest in any Transaction, Lead, customer, or business relationship obtained through the platform or its services, including by entering into any arrangement designed to deprive Property Leads of fees, revenue, or economic benefit derived from such relationship.

c. Non-Disparagement. During the term of these Terms and for one (1) year following its termination, no party shall make any untrue, misleading, or disparaging public statements, postings, or communications regarding any other party to the Terms that are intended, or would reasonably be expected, to harm reputation or goodwill. This restriction does not apply to truthful statements made during legal proceedings, regulatory filings, or privileged communications with counsel.

d. Remedies for Breach. Each party acknowledges that a breach of this Section 15 would cause irreparable harm to Property Leads for which monetary damages would be inadequate. Accordingly, in the event of any actual or threatened breach, Property Leads shall be entitled to seek immediate injunctive relief (temporary, preliminary, and/or permanent) without the need to post a bond or prove actual damages, in addition to any other remedies available at law or equity. Without limiting the foregoing, the parties agree that:
    i. Each instance of violation of the Non-Solicitation or Non-Circumvention provisions shall subject the breaching party to liquidated damages equal to the greater of (i) twenty-five thousand dollars ($25,000) per occurrence or (ii) three (3) times the value of any fees, revenue, or business opportunities wrongfully diverted or obtained in connection with such breach, whichever is greater.
    ii. Each proven violation of the Non-Disparagement provision shall constitute grounds for liquidated damages of ten thousand dollars ($10,000) per occurrence.
    iii. These liquidated damages represent a fair and reasonable pre-estimate of Property Leads’ losses and are not intended as a penalty. The remedies set forth herein are cumulative and not exclusive of any other rights or remedies.


16. Term, Suspension, and Termination

a. Term and Termination. These Terms will remain in effect until terminated by either party as provided below. Either Property Leads or any User may terminate these Terms at any time and for any reason upon seventy-two (72) hours’ prior written notice to the other party. However, Lead Buyers understand and agree that, unless and until Leads are suspended or terminated via the dashboard, Lead Buyer’s payment card or other designated payment method may continue to be charged for delivered Leads in accordance with Lead Buyer’s preferences and budget settings, regardless of separate written termination notice.

b. Suspension of Accounts. Property Leads reserves the right to suspend any User’s account, or suspend delivery or acceptance of Leads, web traffic, or other services—without terminating these Terms—at any time and in its sole discretion if Property Leads believes there is suspected fraud, legal risk, abuse, violation of applicable policy or law, non-payment, or compromise to the security or integrity of the platform or services. Users may be notified of suspension but notice is not required.

c. Survival of Obligations. Termination or expiration of these Terms for any reason shall not relieve either party of any outstanding payment obligations accrued prior to the effective date of termination, nor from obligations that by their nature should survive, including (without limitation): confidentiality, intellectual property rights, indemnification, limitations of liability, legal compliance, non-solicitation, non-circumvention, and dispute resolution.


17. Dispute Resolution, Governing Law, and Venue

a. B2B Arbitration Agreement. These terms are entered solely by and among business entities acting in a business-to-business capacity. Any dispute, controversy, or claim arising out of or relating to these Terms (except as provided in Section (d) below), or the breach thereof, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (streamlined, and not the consumer rules), before a single arbitrator in (or at the AAA location nearest to) Travis County, Texas. The arbitration shall be governed by the substantive laws of the State of Texas, and the arbitrator’s award shall be final and appealable as permitted under Texas law. To reduce the expense and burden upon the parties, the arbitrator shall have discretion to conduct the arbitration by telephone, videoconference, or means that allows the parties to participate remotely.

b. Arbitration Fees and Costs. Each party shall bear its own attorneys’ fees and costs in any arbitration, and the parties shall split the arbitrator’s and AAA administrative fees equally, unless a statute provides otherwise, in which case the arbitrator shall have discretion to award fees and costs as permitted by law.

c. Remedies in Aid of Arbitration. Any request for injunctive, equitable, or provisional relief in aid of arbitration must be pursued exclusively in the state or federal courts located in or nearest to Travis County, Texas, and all parties irrevocably submit to the personal jurisdiction of such courts for these limited purposes.

d. Restrictions Against Joinder. Subject to the provisions regarding Mass Arbitration in the following subsection, no party to these Terms shall join, consolidate, or combine any dispute, claim, or cause of action arising out of or relating to these Terms with any dispute, claim, or cause of action of any other party, or any third party, in any arbitration or court proceeding. No party may participate as a class, collective, or group representative or as a member of a class, collective, or group in any arbitration or litigation arising under these Terms.

e. Mass Arbitration. In the event that twenty-five (25) or more similar demands for arbitration are filed against or on behalf of the same party or related parties, all parties agree that such matters shall constitute a mass arbitration to be administered under the American Arbitration Association’s (“AAA”) Mass Arbitration Supplementary Rules, effective as of January 15, 2024 (or as subsequently amended). The AAA Mass Arbitration Supplementary Rules shall govern all process requirements, administrative procedures, mediations, arbitrator selection, fee arrangements, and any other matters related to the mass arbitration, in lieu of any conflicting arbitration provisions herein.

f. Collections Actions Against Lead Buyers. If Property Leads seeks to enforce payment obligations against any Lead Buyer for unpaid fees, charges, or expenses under these Terms, Property Leads may—at its sole option—bring a collections action directly in any state or federal court located in or nearest to Travis County, Texas. The parties irrevocably consent to personal jurisdiction of such courts for collections proceedings, and if Property Leads prevails, Lead Buyer shall pay all costs of collection, including reasonable attorneys’ fees, court costs, and any related expenses. If Property Leads prevails in any collections action to enforce payment obligations under these Terms, Lead Buyer shall pay all costs of collection, including but not limited to reasonable attorneys’ fees, court costs, and related expenses. In addition, Lead Buyer shall pay to Property Leads an enforcement fee equal to twenty-five percent (25%) of the unpaid amount or the maximum amount permitted by applicable law, whichever is greater. If any portion of this enforcement fee is deemed unenforceable by a court of competent jurisdiction, the fee shall be reduced to the maximum amount allowed by law.

g. Enforcement. Judgment on any arbitration award may be entered in any court having jurisdiction.


18. Miscellaneous

a. Assignment. No User may assign these Terms or its rights or obligations, in whole or in part, without the prior written consent of Property Leads. Subject to the foregoing, these Terms bind and benefit the parties and their respective successors and permitted assigns.

b. Entire Agreement; Amendments. These Terms supersede all prior and contemporaneous agreements and constitutes the entire agreement between the parties concerning its subject matter. It may be amended only by a written agreement signed by both parties.

c. Waiver; Severability. A party’s failure to exercise any right under these Terms do not constitute a waiver of such right. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

d. Notices. Notices under these Terms must be in writing and delivered by email, mail, courier, or through Property Leads’ website. Notices to Property Leads should be sent to the address on its website, as may be updated from time to time.

e. No Third-Party Beneficiaries. These Terms do not confer any rights or remedies upon any person other than the parties and their permitted successors and assigns.

f. Independent Contractors. The parties are independent contractors. These Terms do not create any employment, agency, partnership, or joint venture relationship.

g. Execution/Electronic Acceptance. These Terms may be signed electronically or accepted by click-through, and may be executed in counterparts, which together will constitute one agreement.