Terms of Service
SecureWebX
A LeadLocate product operated by DotNet Holdings LLC · securewebx.com

SecureWebX is a LeadLocate product operated by DotNet Holdings LLC. These Terms of Service cover securewebx.com and app.securewebx.com and are the same Terms published at leadlocate.com. Section 38.1 covers SecureWebX.

Terms of Service

Everything that governs your use of LeadLocate, in one place. Use the section list to jump anywhere, or link straight to any section with its own address.

Last updated November 1, 2026

Every section below has its own address. Use the link button beside a heading to copy a direct link to it.

Website Terms and Conditions#

Applies to everyone who visits leadlocate.com or any LeadLocate site, whether or not you buy anything.

Thank you for visiting this website and/or one or more of our affiliated websites (collectively, this “Website”). The terms and conditions that apply to your access to and/or your use of this Website (and the information, products and services available through this Website), and our use of any communications or User Content (defined below) that you submit to us or post on this Website, are set forth below. By using this Website or submitting communications or User Content to us, you accept and agree to all of the terms and conditions set forth herein (the “Terms and Conditions”), which form a legally binding agreement between you and DotNet Holdings LLC DBA LeadLocate and/or our applicable business divisions and/or affiliates (collectively, “LeadLocate”, “us”, “our” or “we”). In addition, if you are advertising with us, you must also accept and agree to comply with all of the terms and conditions of our Advertising Agreement.

Customers with Disabilities#

For customer service inquiries relating to customers with disabilities, including assistance with the information included on our website, please call 844-376-2274 or reach us through our secure contact form.

Changes to Terms and Conditions#

You are responsible for protecting the confidentiality of your password(s), if any, assigned or otherwise utilized in connection with your use of this Website. PLEASE SEE OUR PRIVACY POLICY FOR TERMS APPLICABLE TO OUR DATA COLLECTION AND USE PRACTICES, AMONG OTHER THINGS.

We reserve the right to change these Terms and Conditions, and our separate Privacy Policy, from time to time as we deem appropriate by posting such changes on this Website or Privacy Policy, as applicable. Any changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We are not required to separately notify you that changes have been made, regardless of the scope and importance of the changes, and we encourage you to periodically check back and review these Terms and Conditions so that you always will know what terms and conditions apply to your access to and use of this Website, or our use of any User Content that you have posted on this Website or submitted to us. Your continued use of this Website and/or your submission of any User Content to us after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. This Website may change, and we may restrict access to, suspend or discontinue this Website, or any portion of this Website, at any time.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of LeadLocate or its businesses, or its or their customers, affiliates, licensors or licensees.

Ownership and License#

This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by LeadLocate or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access a single copy of the content from this Website solely for your personal and noncommercial use and as necessary in connection with the use of any services available through this Website.

Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, (i) reproduction, retransmission or representation in any form, in whole or in part, of any content, programming code, images or graphics included within this Website is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party; (iii) you may not use any meta tags or any other “hidden text” utilizing the names or trademarks of LeadLocate or our owners, affiliates, licensors or licensees without our or their express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein.

In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep links, data mining, data gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as automobiles, vehicles, jobs, housing/apartments, rentals, services or equipment or which is in the business of providing classified ad listing services.

This Website includes certain trademarks and service marks owned by LeadLocate and/or our owners, affiliates or others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of Website content.

All rights not expressly granted to you by us in these Terms and Conditions are reserved to LeadLocate, and you acknowledge that you do not acquire any ownership rights by accessing material, whether or not copyrighted, from this Website as authorized hereunder.

Use at Your Own Risk#

We provide the material available through this Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any such content, information, consumer reviews, data and materials you have found on, or purchase any products or services available through, this Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. Without limiting the foregoing, with respect to any software services included on or otherwise available through this Website, please note that we do not sell the advertised items directly and are not involved in any actual transaction between any seller and buyer; further, we do not guarantee or insure any item advertised or the completion of any transaction or collect or process payment, act as an escrow service or transfer title, nor do we warehouse, store, ship or deliver any item that is advertised.

Your Account#

To protect the account information of our Website members, where applicable, LeadLocate assigns to each member either a unique user name or password or a unique ID/PIN number. These unique identifiers are disclosed to the user via email immediately upon becoming a member of this Website. Only members have the ability to modify their personal information and delete their accounts as needed.

If you become a member of this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security, of which you become aware. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this Website due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.

In order to purchase products or services from this Website or to use this Website to sell a product or service, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.

Data Security#

We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.

Data Collection and Use#

ANY PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU IN ELECTRONIC COMMUNICATIONS TO LEADLOCATE IS GOVERNED BY OUR PRIVACY POLICY. FOR A MORE COMPLETE DESCRIPTION OF OUR COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION AND OTHER DATA, PLEASE READ OUR PRIVACY POLICY, THE TERMS OF WHICH ARE INCORPORATED IN THESE TERMS AND CONDITIONS BY REFERENCE.

User Content#

You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, concepts, inventions, techniques, know-how, data, materials or other postings or communications (collectively, “User Content”), to us via this Website, whether by posting to a public area of this Website (e.g., blogs or message boards) or by other submission to us through email or other means of electronic communication facilitated by LeadLocate. By submitting any such User Content to us or posting any such User Content in any public area of this Website, you: (i) grant LeadLocate and our owners, affiliates and licensees the royalty free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant LeadLocate and our owners, affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for that user’s personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that LeadLocate misappropriated any such User Content or any portions thereof.

Use of Communications Services#

We may provide a variety of services on this Website through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums and other public posting areas (“Communications Services”). (For purposes of these Terms and Conditions, all references to this Website generally include all Communication Services available through this Website.) We cannot and do not review every posting made in these Communications Services. You may well read any given posting before anyone on our staff does. You can expect these Communications Services to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and User Content, but we want everyone to be able to enjoy these Communications Services.

We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Website and any Communication Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms and Conditions or to protect the rights, property or safety of visitors to this Website and/or users of any Communications Services, our customers, the public or LeadLocate and our owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this Website, including blogs, message boards, chat rooms, listings, SMS/MMS, Email, forums and other User Content posted to this Website or via any Communications Services to determine compliance with these Terms and Conditions and any other rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings or other User Content that we consider unacceptable or inappropriate, whether for legal or other reasons.

By using this Website and/or any Communications Services, you agree not to post, submit or transmit to LeadLocate through this Website or via any Communications Services any User Content or other information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content to this Website or via any Communications Services or otherwise to LeadLocate shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting to this Website or via any Communications Services, or otherwise submitting User Content to LeadLocate, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit such User Content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any User Content submitted by you to or through this Website or via any Communications Services. We reserve the right to deny access to this Website and/or any Communications Service to anyone who violates these Terms and Conditions or who, in our judgment, interferes with the ability of others to enjoy this Website or Communication Services, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Notification of Claims of Infringement#

LeadLocate respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LeadLocate’s Copyright Agent and include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);

A statement that the complaining party has a good faith belief that use of the material is unauthorized; and A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries, including notification of claims of infringement, please contact LeadLocate’s Copyright Agent at: LeadLocate (DotNet Holdings LLC), Intellectual Property Administrator, 1401 21st St Ste 14270, Sacramento, CA 95811 or through our secure contact form. All online trademark/copyright claims must be accompanied by a USPS certified mail with signature required mailed to: Copyright Agent, DotNet Holdings LLC, 1401 21st St Ste 14270, Sacramento, CA 95811.

Violation of These Terms and Conditions#

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of LeadLocate and/or our owners, affiliates, employees, users of or visitors to this Website or the public.

Without limiting any other provision of these Terms and Conditions, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Website and/or block your future access to this Website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of this Website, including but not limited to our Privacy Policy. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

Unauthorized Affiliation and Misuse of LeadLocate Technology#

The LeadLocate platform, including all software, source code, databases, designs, algorithms, and related documentation, was developed in house and constitutes the proprietary property and trade secrets of DotNet Holdings LLC dba LeadLocate. LeadLocate does not authorize any third party to represent that it is affiliated with LeadLocate, that it is an authorized LeadLocate reseller or development partner, that it has acquired rights to the LeadLocate platform, or that it is permitted to offer LeadLocate software under another name.

Competitors may lawfully develop and offer independently created products with similar functions. LeadLocate investigates suspected impersonation, false claims of affiliation, unauthorized access to our systems, copying of protected source code or content, trade secret misappropriation, misuse of customer credentials, and materially false factual claims concerning ownership of or authorization to provide LeadLocate technology.

You agree that you will not access or attempt to access our systems, servers, source code, databases, or any nonpublic area of our services without express written authorization from us; that you will not probe, scan, scrape, decompile, reverse engineer, or copy any portion of the platform; that you will not use credentials that were not issued to you or assist any other person in doing so; and that you will not impersonate LeadLocate, our employees, or our agents, or misrepresent any affiliation with us for any purpose, including soliciting business from our customers or prospects.

Conduct of this kind may violate United States law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Defend Trade Secrets Act (18 U.S.C. § 1836), the Economic Espionage Act (18 U.S.C. §§ 1831 and 1832), the federal wire fraud statute (18 U.S.C. § 1343), and the Lanham Act (15 U.S.C. § 1125), as well as applicable state law. LeadLocate preserves evidence, may pursue all available civil remedies, including injunctive relief, damages, disgorgement of profits, and recovery of attorneys' fees where permitted, and may refer suspected criminal activity to appropriate federal, state, or local law enforcement or regulatory authorities.

If anyone has contacted you claiming to be affiliated with LeadLocate, claiming to have built our software, or offering LeadLocate technology under another name, report it at leadlocate.com/sales-leads/contact-us#report-scam or call us at 844-376-2274. Reports are handled discreetly, but confidentiality or anonymity cannot be guaranteed where disclosure is reasonably necessary to investigate or pursue a claim or is required by law. Information submitted with a report is handled as described in the Scam and Impersonation Reports section of our Privacy Policy.

Disclaimer of Warranties#

YOU AGREE THAT THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over this Website, including information, products and services referred to, advertised or promoted on or sold through this Website. Neither LeadLocate nor our owners, affiliates, licensors or licensees warrant that this Website will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of this Website or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through this Website.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEADLOCATE AND OUR OWNERS, AFFILIATES, LICENSORS AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability#

NEITHER LEADLOCATE NOR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE. IN NO EVENT SHALL LEADLOCATE OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE OR OUR USE OF ANY USER CONTENT THAT YOU POST OR SUBMIT TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL LEADLOCATE OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, you agree that the entire aggregate liability, if any, of LeadLocate and our owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this Website or any information, products or services available through this Website, or our use of any User Content that you post on this Website or submit to us, will not exceed one hundred dollars ($100).

Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Release and Indemnity#

You hereby release and agree to indemnify, defend and hold harmless LeadLocate and our owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney’s fees, arising from or relating to (i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions, (ii) third party claims with respect to our use of any User Content that you have posted on this Website or submitted to us, including, but not limited to, infringement of copyright, trademark, trade secret, patent, proprietary rights or any other claims, or (iii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction, (iv) your use of any artificial intelligence feature or its output, (v) your use of any third party service connected through LeadLocate, or (vi) any claim by a consumer, regulator, or other person arising from messages, calls, credit requests, advertising, or other activity sent or made from your account. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Miscellaneous#

Use of this Website by you for spamming is strictly prohibited. By using this Website, you agree not to use information concerning other users of this Website, or any items such users have listed or searched for on this Website (including listing information, user names, email addresses, telephone numbers and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor.

These Terms and Conditions are governed by the laws of the State of California, U.S.A. As part of the consideration that the LeadLocate requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (CLAIM) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues. For subscribers, the jurisdiction and venue terms of the Subscription Agreement (Sections 29 and 41) apply in place of this arbitration paragraph. Use of this Website or the information, products or services available through this Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LeadLocate as a result of these Terms and Conditions or your use of this Website or the information, products or services available through this Website.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You shall use this Website and the information, products and services available through this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Website or the information, products or services available through this Website will not be permitted.

You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action.

If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.

Failure by LeadLocate to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof. You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from LeadLocate.

Contact Information#

If you have any questions, please contact us at:

DotNet Holdings LLC

Attn: LeadLocate

1401 21st St Ste 14270

Sacramento, CA 95811

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Subscription Agreement#

The contract between LeadLocate and a paying subscriber. You accept this when you submit a signup application and pay your first invoice. It is reproduced here in full and is the same text shown on the signup form.

LeadLocate Subscription Agreement, Payment Agreement, Service Contract, User Agreement, and Other - This agreement (“Agreement”) is entered into to be effective as of this invoice by and between your business (“Subscriber,” “You,” or “Your”) and LeadLocate (“Provider,” “LeadLocate,” “We,” “Our,” or “Us”).

1. Recitals#

1.1) The Provider offers subscriptions that allow subscribers to access and use the Software via Leadlocate.com or any other website notified to the subscribers from time to time (the “Services”). The Subscriber wishes to use the Services for the Subscriber's internal business purposes, and the Provider is willing to provide access to the Services for the Subscriber's internal business use, pursuant to the terms and conditions outlined herein.

1.2) The Subscriber acknowledges that they will adhere to all federal and state laws when using the software provided by the Provider and will consult with their attorney before using the software. The Provider and Subscriber acknowledge and agree that this Agreement shall become effective and enforceable immediately upon the aforementioned.

1.3) No express or implied guarantees of income or sales are made with the purchase of any LeadLocate services. Earning potential is entirely dependent upon the person using the service, the viability of their business model, the demographics of the local market, their execution ability, and other variables. You agree that we are not responsible for the success, failure, or any other outcome of your personal business decisions. Now, therefore, in consideration of the mutual promises and covenants contained herein, the parties agree to the Articles as follows:

2. Services#

2.1) LeadLocate is a web service, and there are no long-term contracts. However, because it operates through a website, the Provider will not issue refunds for the time the Subscriber has access to their account. It is similar to any software service or website hosting purchase. You pay for the time the account is open, and then you can cancel when you no longer wish to use it. All services are considered custom, and the Subscriber will not be entitled to full, partial, or any other type of refund. No express or implied guarantees of income or sales are made when purchasing any LeadLocate services. Earning potential is entirely dependent upon the person using the service, the viability of their business model, the demographics of the local market, their ability to execute, and other variables. You agree that we are not responsible for the success, failure, or any other outcome of your personal business decisions.

2.2) Under the terms of this Agreement, the Provider provides software and sells subscriptions granting the Subscriber the right to access and use the LeadLocate Platform via leadlocate.com or any other website specified by the Provider. Subject to the timely payment of applicable fees as specified under this Agreement, the Provider hereby grants the Subscriber a non-exclusive, non-transferable right to use the software for the duration of this Agreement. You the Subscriber agree not to share your login information with any 3rd party or any other person not listed on the account sign-up form under any circumstances.

2.3) The Provider may offer additional add-on services or custom programs that require additional terms. If additional terms apply to a specific order, they will be clearly listed on the payment invoice, along with a service/product description. All additional terms listed on the invoice are considered a written addendum to this Agreement and are fully binding.

2.4) The Subscriber grants LeadLocate non-exclusive rights to use any publicly available or supplied marketing assets to ensure proper account setup and function. This includes, but is not limited to, the use of logos, business names, graphics, trademarks, text, videos, web links, audio, and any other material deemed necessary to set up and maintain the Subscriber's account for the duration of the service.

2.5) When requested or deemed appropriate, the Subscriber gives LeadLocate permission to communicate with their leads in the LeadLocate CRM account on their behalf at any time for the duration of the service. This includes, but is not limited to, BDC services or quality control requests. LeadLocate may also perform routine account audits and security reviews, which will include reviewing all communications posted in the account, including, but not limited to, SMS text messages, emails, call recordings, call logs, credit applications, Deal Tracker messages, message attachments, file library content, and other data in the account. These reviews may be performed by staff, by automated systems, or with the help of artificial intelligence (Section 35), and may also cover account settings, template and automation changes, login activity, and how leads are delivered and handled.

2.6) Description of Services: Every account is customized to a specific location, dealership needs, and service type. As a subscriber, you have the option to upgrade, downgrade, or cancel services at any time.

Every service plan that includes LeadLocate's proprietary CRM will include the following base features: • 1 (one) User login ID and PIN • Market Area targeting (a radius around your business location, set in Leads Manager) • Dedicated phone number with SMS/MMS Capabilities • Unique marketing email address • Softphone Dialer • Texting interface • Email client • Integrated Contact manager (import your own Lists) | Customizable website with Lead calendar link • Internal File library to store promotional/video files • User Push to Phone Quick Access mobile notifications • Unlimited* manual Emailing, texting, & voicemail Drops • 50 SMS & 50 Email Subscription Codes • Bulk SMS & Email Marketing System ($.02 per 1)* • Bulk Email & Phone List cleaning system ($.01 per 1)* • Bulk Voicemail Drops Integration ($.12 per 1)* • DNC list & Caller ID matching integration • Unlimited text and voice template library • No long-term commitments • Cancel anytime • No cancellation fees • Flat month-to-month subscription • Unlimited* 1:1 texting • Unlimited* 1:1 calling • Unlimited* 1:1 emailing • Unlimited* 1:1 voicemail drops

CRM ONLY SOFTWARE PLANS (Starting at $199.00/month). The CRM Only Plan includes a license to use our software. No marketing or leads are included. Use our software to manage your own leads, create lead generation funnels, start a referral network, build deals, and facilitate client communications. • 30 days of CRM service and 1 user login included • Interactive table design with contact management database • Deal Tracker interface for creating online sales presentations • Fully built customizable personal landing page website • SMS/Text messaging automation and keyword chatbots • Chat-like email inbox with a follow-up scheduler • Online credit application link & SecureWebX software • Global template and a digital file library for easy follow-up • VOiP softphone and voicemail drop system integration • Built-in appointment calendar with automated task notifications • No long-term commitments

INBOUND LEADS (Starting at $799.00/month) Buyer Leads ($799/month): 1x Marketing Effort Level on Buyer Leads, 1 User Login, Automation, Sales Tools, and CRM (Talk to fresh and exclusive in-market leads.) All Inbound Plans include integration with our advertising feeds that generate leads for you. The base plan includes 1x Marketing Effort Level on buyer leads through our omnichannel feeds, with the option to add an Extra Marketing Effort Level for $599 a month each. • Includes everything in the "CRM Only Plan" ($199/m value) • 30 days of CRM service and 1 user login included • 1x Marketing Effort Level on prescreened buyer leads is included with this plan • Add an Extra Marketing Effort Level for $599 a month at any time • Talk to in-market shoppers actively shopping in your area • Our autoresponder will make the 1st contact with leads for you • All leads are exclusive and never recycled or shared • Online credit application link & software is included • Personal website, Deal Tracker, and all Marketing tools are included • Unlimited 1:1 Texting, Calling and Emailing leads • No long-term commitments

MARKETPLACE ACQUISITIONS (Starting at $999.00/month) Seller Leads ($999/month): 1x Marketing Effort Level on Seller Leads, 1 User Login, Automation, Sales Tools, and CRM (Talk to local owners asking for an offer on their vehicle.) The Acquisitions Plan is sold by Marketing Effort Level, the same way as the Inbound Plan. The base plan includes 1x Marketing Effort Level on exclusive seller leads per monthly subscription period, with the option to add an Extra Marketing Effort Level on seller leads for $599 a month each at any time. The plan is never a territory, and the Subscriber's Market Area is a targeting setting rather than a purchased territory. • Includes everything in the "CRM Only Plan" ($199/m value) • 30 days of CRM service and 1 user login included • 1x Marketing Effort Level on seller leads is included with this plan • Add an Extra Marketing Effort Level on seller leads for $599 a month at any time • Every seller lead is exclusive and never resold, recycled or shared • Unlimited 1:1 texting, calling, emailing, and ringless voicemail • No long-term commitments • Cancel anytime • No cancellation fees • Flat month-to-month subscription. SELLER LEADS ARE LOCAL VEHICLE OWNERS WHO ASKED TO RECEIVE AN OFFER FROM A DEALERSHIP AND TO BE CONTACTED ABOUT SELLING, TRADING, UPGRADING, OR DOWNGRADING WHAT THEY CURRENTLY HAVE. Seller leads are generated by LeadLocate's omnichannel advertising, which runs across search, social media, native applications, display, maps, and other advertising platforms, and by LeadLocate's own vehicle offer request landing pages, online chat, text messaging, and email opt-in channels. Our campaigns are aimed at the vehicle owners who are comparing offers from instant cash offer services and online car buying platforms, so the Subscriber can compete to buy those vehicles. Where the Subscriber includes the marketplace and classifieds audiences in Leads Manager, our advertising also reaches owners who are selling their vehicle on their own, including through ad placements on marketplace and classified platforms. A person becomes a seller lead only after they opt in, through one of our opt-in channels, to receive an offer from a dealership and to be contacted about it. We do not collect, scrape, parse, or purchase classified listings, and we do not cold call, cold text, or cold email consumers on your behalf. Autopilot Automation: Our human-assisted A.I. will initiate conversations with your seller leads automatically on your behalf. You can turn on or turn off this function in your account settings dashboard. We will attempt to make the 1st contact on your behalf. We only make the 1st contact; you are responsible for following up and communicating with your customers. We do not negotiate or engage with seller leads outside of the 1st initial contact attempt through text, email, online chat, or platform-specific messaging system.

Seller Effort Levels: 1x Marketing Effort Level on seller leads per monthly subscription period is included in the base Marketplace Acquisitions Plan. Extra Marketing Effort Levels on seller leads may be added for $599.00/month per level at any time. Seller lead vehicle settings, Market Area sizes, dealer requirements, and quality standards are described in Section 8.10, and Marketing Effort Levels and lead estimates are described in Section 8.8.

BUYERS & SELLERS HYBRID PLAN (Starting at $1,599/month) Buyer & Seller Leads ($1,599/month): 1x Buyer Effort + 1x Seller Effort, 1 User Login, Automation, Sales Tools, and CRM (Talk to both buyers and sellers.) This plan is specifically designed for dealerships that are looking to increase sales and acquire inventory directly from local vehicle owners. The base Hybrid Plan includes 1x Buyer Effort and 1x Seller Effort per monthly subscription period: 1x Marketing Effort Level on exclusive buyer leads and 1x Marketing Effort Level on exclusive seller leads. Extra Marketing Effort Levels may be added for $599.00/month per level, and each extra level goes to buyer leads or seller leads, at the Subscriber's choice. The split between buyer and seller levels may be changed once per monthly subscription period. Seller leads in the Hybrid Plan follow Section 8.10. With the Hybrid plan, you get all the features included in the Inbound and Acquisitions plans combined under one login. All standard CRM features are included: • 30 days of CRM service • custom email address • local CRM phone number • leads management database • contacts management database • deal tracker technology • text messaging system • bulk texting ($0.02 per message)* • texting chatbots • text automation • bulk voicemail drops ($0.12 per message)* • bulk phone number validator ($0.01 per number)* • email messaging system • bulk emailing ($0.02 per email)* • email automation • bulk email validator ($0.01 per email)* • calendar management system • call log with call recording • reports • Do Not Call blacklist compliance • automated templates • ringless voicemail library • personal landing page website • online file library • user manager • control of account settings • online video training library. Skip a month for $199.00/month for the first user plus $99.00/month for each additional user. Additional users are $99.00/user/month. (Quality Control Policy: If it's not posted in your account, it did not happen.)

INVENTORY ADVERTISING (Inventory Link). Where the Subscriber provides an inventory feed, or authorizes the Provider to retrieve one from the Subscriber's website or inventory provider, the Provider may ingest that inventory and advertise the Subscriber's individual vehicles as part of the Subscriber's campaigns. Ingested inventory data may include the VIN, year, make, model, trim, mileage, price and photographs. The Subscriber is responsible for the accuracy, pricing and availability of the inventory it supplies, including the prompt removal of sold units, and warrants that it holds the rights necessary for the Provider to display that content. The Provider does not set the Subscriber's prices, does not verify inventory accuracy, and does not guarantee that advertising any particular vehicle will produce leads for that vehicle. Inventory advertising can be turned off at the Subscriber's request.

SKIP A MONTH (Starting at $199.00/month) The SKIP A MONTH option allows you to keep your account active without purchasing new leads. Your LeadLocate CRM, sales tools, and all saved files will remain active and accessible for the next month without any new leads being posted to your account. Whenever you are ready to start purchasing leads again, you can renew the service as usual by clicking on the "Renew Service" button under the Account Settings tab. The skip-a-month renewal option is not available to all accounts. Skip-a-month fees are non-refundable, just like any other service you buy from LeadLocate. The pricing for skipping a month will vary depending on the number of users assigned to your account.

CUSTOM ADD-ON ITEMS: Custom plans may include additional terms and provisions. Please refer to your service ticket or invoice for additional terms related to this master agreement. CUSTOM ADD-ON 1: Extra Marketing Effort Level on buyer leads for an existing active Inbound or Hybrid account, $599.00/month per level. CUSTOM ADD-ON 2: 1 Extra User Add-on $99.00/user/month. CUSTOM ADD-ON 3: Extra Marketing Effort Level on seller leads for an existing active Marketplace Acquisitions or Hybrid account, $599.00/month per level.

Default buyer lead pre-screening questions: What type of vehicle are you interested in purchasing? A: {Text} How much money are you putting down? ($1,000 minimum) A: {Text} How soon are you looking to purchase a vehicle? A: {Text}

Default seller lead pre-screening questions: What type of vehicle are you interested in selling? A: {Text} What is the mileage on your vehicle? A: {Text} Does your vehicle have a clean title? A: {Text}

Lead estimates: Our software estimates leads from your settings and effort level. Estimates are not a guaranteed quantity or a minimum (Section 8.8). Buyer leads may or may not be VIN specific. When the Subscriber's inventory is advertised through Inventory Link, a shopper can submit an inquiry on a specific vehicle and the VIN is included with the lead. Other shoppers describe what they want in general terms, and some submit an inquiry on a vehicle priced well above the budget they enter. All submitted leads are delivered to the Subscriber. We do not filter, withhold, score or suppress leads, and we cannot promise a particular ratio of VIN specific to general leads, or restrict delivery to people looking only for one trim, one brand or one finance type, because the consumer decides what to submit and what to disclose.

As a subscriber, you acknowledge and agree that not all leads generated will include a complete credit application. While we offer customers the opportunity to submit a credit application during the lead capture process, we do not require them to provide full credit application information. This approach is adopted to respect the comfort level of customers who may prefer to engage in direct communication with a salesperson before sharing detailed personal financial information. Should a customer decide to furnish a full credit application, this document will be delivered to you as a PDF file within your secure inbox, enabling processing through the dealership's credit software. It is important to note that the Provider does not pull credit, prequalify consumers, or submit customer credit information to financial institutions on its own behalf. Any credit report, prequalification, identity check, income check, or lender submission made through SecureWebX or a connected provider is made by the Subscriber, under the Subscriber's own provider accounts, as described in Section 37.

3. Service Fee#

3.1) Any setup fees and subscription fees for the first subscription period of the term of this agreement shall be paid on the effective date. The subscription fee for all subsequent subscription periods of the term of this agreement shall be paid to the provider on the first day of each subsequent subscription period. The subscriber shall provide a valid credit card, ACH payment system information, bank account information authorized for automatic bill payment, or other acceptable methods of payment to the provider and shall take all necessary steps to authorize automatic payment of the subscription fee. By agreeing to this agreement, the client hereby authorizes the provider to automatically charge the said method of payment for all subscription periods during the term of this agreement.

4. Pilot Programs and Products#

4.1) During the term of the subscription purchased from the Provider, the Subscriber may opt-in to or receive complimentary pilot products or services. These offerings are provided as an extension of the Provider's ongoing research and development efforts, aimed at enhancing the quality and functionality of our core products and services. It is important for the Subscriber to understand that any pilot products or services received during the subscription term are not to be considered a permanent part of the core subscription package unless there is an explicit amendment to this contract, documented in writing. The Subscriber is advised against integrating any pilot products or services into their mission-critical business operations. Given the experimental nature of these offerings, the Provider reserves the right to discontinue support for any pilot products or services at any point, without prior notice. This precaution is recommended to mitigate any potential disruptions to the Subscriber's business processes should the pilot offerings be withdrawn or significantly altered. The intent behind offering these pilot products and services is purely to solicit feedback and refine our offerings, ensuring that we continually meet and exceed the expectations of our subscribers with our evolving suite of solutions.

4.2) Referral Program - As part of our CRM software, you have the option to enable a referral program where you reward clients who refer their friends and family to you. (Referrals do not count as LeadLocate leads.) We provide you with the infrastructure to collect referrals from your clients. However, we do not fulfill the "Offers" you advertise. You are responsible for buying and delivering gift cards or “cash” offers to clients if they engage with your referral program offer and meet the requirements for a referral bonus. You, as a subscriber, are required to follow all state and federal laws when operating your referral program. You are responsible for maintaining OFAC records and issuing any tax documents to your clients where required by law. LeadLocate simply provides the infrastructure to collect referrals; all other aspects of operating the referral program are the subscriber's responsibility.

5. Credit Card Charges and Credit Card Fraud Penalties#

5.1) The Subscriber warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he or she is present when making this purchase, and is the true and authorized owner of the credit card used to make this purchase. The Subscriber also warrants that he or she is authorized to enter into a business-to-business contract on behalf of the business they represent. Any Subscriber who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount equivalent to $10,000.00 or the maximum allowed by law, whichever is greater, per fraudulent transaction, plus actual damages. The Subscriber agrees that all information collected by the Provider may be used for prosecution and may be turned over to law enforcement agencies, credit card companies, collection agencies, private investigators, and merchant service providers.

5.2) If the true and/or authorized owner of the credit card attempts to commit fraud upon the Provider, he or she authorizes each credit card company or merchant service provider to disclose to the Provider all information that could be construed as proof of credit card fraud. Any Subscriber who attempts to perpetrate fraud upon the Provider involving the use of a credit card hereby grants authorization for the Provider to access all credit information about the Subscriber from credit reporting agencies and also authorizes the Provider to discover all relevant information from any source about the fraudulent practices of the Subscriber. The Provider is also authorized to reveal such information to credit reporting agencies, credit card companies, merchant service providers, collection agencies, private investigators, and law enforcement agencies.

5.3) The Subscriber agrees that if he or she uses trickery to receive a refund (including abandoning the account and then demanding a refund, or sabotaging the account, as described in Section 33), or if he or she causes a fraudulent dispute claim that results in a chargeback against the Provider's account, the Provider is authorized to re-charge the Subscriber's credit card that was used for the original purchase to the extent that will make the Provider whole. The Subscriber agrees to pay, in addition to actual damages and the original payment amount, liquidated damages of a minimum of $500.00 to $10,000.00 (determined by the Provider) or to the extent that will make the Provider whole or the maximum allowed by law, whichever is greater, for every separate fraudulent action the Subscriber commits. The Subscriber grants the Provider the authority to collect any past-due amount or outstanding fees by all legal means necessary.

5.4) The Subscriber understands and agrees that the Provider has a zero chargeback tolerance policy. The Provider sells digital products and services without any guarantees or warranties of any kind. You, as the Subscriber, understand and agree that you cannot breach this agreement due to your dissatisfaction or for any other personal reason. Any chargeback attempt to circumvent our no-refund policy will be viewed as a "willful act" of breaching the contract. Any claims regarding payment refunds, merchantability, credit card fraud, credit card abuse, and others will be fully investigated and may be referred to local law enforcement or the FBI Internet Crime Division (IC3) for prosecution.

5.5) The Subscriber understands and agrees that the Provider will use all available resources to prove any case or dispute brought to a financial institution, arbitrator, or court. The Provider may use a mix of resources that may include, but are not limited to, audio voice recordings of phone calls, live meeting recordings, video recordings, SMS text messages, email communications, screen recordings, IP server logs, internal account logs, activity tracking tools, and others. At its own discretion, the Provider may share any such resources with any third party related to any dispute, investigation, or case.

6. Termination and Cancellations#

6.1) There is no cooling-off period. Once an invoice is paid, no refunds are issued under any circumstances. The term of this Agreement shall commence on the aforementioned date unless terminated by either party as provided herein. To cancel service, please stop your auto-billing at https://my.leadlocate.com at least 10 days before the renewal date. For the login, use the same email address you used to make the first payment. If the Subscriber cancels the service by request or fails to pay the renewal invoice by the due date, the Provider shall terminate the account and delete all related assets associated with that account from LeadLocate servers one (1) day after the Subscriber fails to make a renewal payment or upon account expiration. To ensure there are no interruptions in your service, we may attempt to renew your service up to 10 business days before your account is set to expire, charging your saved card on file. Notwithstanding the foregoing, upon giving notice of termination of this Agreement, the Subscriber shall not make, and the Provider shall not accept, any further initiations. No refunds are ever issued for paid services as the Subscriber still occupies resources even if they are not actively using the services.

6.2) All service cancellations must be submitted exclusively through our official billing portal at https://my.leadlocate.com. Cancellations will not be accepted by phone, voicemail, text message, or any other verbal or informal method. To be considered valid, subscribers must complete the cancellation process through the billing portal and receive written confirmation that the cancellation has been successfully processed. It is the subscriber’s sole responsibility to ensure that this confirmation is received and retained for their records. If a subscriber fails to cancel their subscription through the billing portal, LeadLocate will continue to charge the associated payment method in accordance with our Terms of Service. No refunds will be issued for payments that are processed due to failure to cancel properly, regardless of account usage or CRM access. Please note that the CRM expiration date does not correspond to the billing schedule. While CRM access may extend to accommodate setup and activation delays from the original signup, billing will always recur on the same calendar day each month based on the subscriber’s initial registration date. This means subscribers may have access to the CRM beyond their billing date, but this does not affect the billing cycle or justify refund requests. By using our service, you acknowledge and agree to this cancellation policy and understand that failure to follow the specified cancellation procedure does not exempt you from future billing obligations.

6.3) The Provider may discontinue the provision of service at any time for any reason. In the event of such termination, the Provider may choose to continue to perform the services referred to in this Agreement for any services being handled by the Provider at the time this Agreement is terminated. The provisions of this Agreement shall continue to govern the rights and obligations of the parties with respect to such services, including, but not limited to, the Subscriber’s obligation to make the payments called for in this Agreement.

6.4) The Subscriber agrees that they have carefully studied the leadlocate.com website and clearly understand how different services work. The Provider offers live demos, pre-recorded video demos, and other materials online to ensure that LeadLocate services will be a good fit for the Subscriber’s needs. The Subscriber agrees that excuses like "I misunderstood" or "I imagined it differently" are not valid reasons to breach the contract. The Provider is available before the sale for a live screen-sharing demo call to ensure the Subscriber "understands" and doesn't have to "imagine" how the Provider’s programs operate. The Provider is not responsible if the Subscriber assumes something without obtaining a clear, written explanation from the Provider before purchasing services.

6.5) The Subscriber understands and agrees that at any time, they may request the Provider to stop or pause generating leads, stop or pause running ads, and stop or pause any other purchased service(s). Upon receiving instructions from the Subscriber to stop or pause service(s), the Provider will, within a reasonable time determined by the Provider, comply with the request. Requesting the Provider to stop or pause any service(s) does not entitle the Subscriber to a full or partial refund. Refunds are not issued for any reason, as the funds received are immediately allocated and distributed among internal departments and/or third-party vendors critical to maintaining the service. As a Custom Service Provider, costs associated with maintaining and deploying subscribers' accounts cannot be recovered, regardless of the length of service access. Once an invoice is paid, no refunds are ever issued under any circumstances. Not using the account, abandoning it, or deciding to stop using it does not change this, as described in Section 33.

6.6) The Subscriber understands and agrees that the Provider may immediately and without prior notice terminate, suspend, or restrict access to any of the Provider’s services, including paid-for services and/or services generally available via the World Wide Web, in the event of a breach of this contract, harassment, slander, libel, intimidation, or any other unethical or unprofessional behavior deemed inappropriate by the Provider. The Subscriber agrees to behave in a business-professional manner while engaging with the Provider's staff, vendors, and any other personnel. In the event the Provider terminates the relationship citing this provision, the Subscriber understands and agrees that they will not be entitled to a full or partial refund for any previous payments. Additionally, the Subscriber agrees to pay any and all costs associated with mitigating the incident that caused the termination. The Subscriber grants the Provider authority to collect any past-due amount or outstanding fees by all legal means necessary to make the Provider whole.

7. Intellectual Property Rights#

7.1) The Subscriber acknowledges and agrees that none of the content generated or supplied by the Provider or its software should be considered custom or exclusive. The Subscriber does not own any rights to the software or content created by it. Ownership of all applicable copyrights, trade secrets, patents, and other intellectual property rights in the software shall remain vested in the Provider. All other aspects of the products, including, but not limited to, programs, methods of processing, design, email addresses, phone numbers, web applications, mobile applications, and the structure of individual programs and their interaction, as well as programming techniques employed therein, shall remain the sole and exclusive property of the Provider. These shall not be sold, revealed, transferred, disclosed, or otherwise communicated, directly or indirectly, by the Subscriber to any person, company, or institution whatsoever, other than as expressly set forth herein. Any profits, business opportunities, or any other success generated from using the Provider’s software or service are entirely for the Subscriber to keep, and no royalties or commissions need to be paid to the Provider. Any third-party content (including images, links, sites, text, etc.) is the property of their respective companies and owners.

8. Warranties#

8.1) The warranties set forth in this agreement are exclusive and supersede all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise stated in writing, the Software and Products provided under this agreement are furnished to the Subscriber “AS IS,” without any warranty of any kind, either express or implied. The Subscriber solely bears the entire risk regarding the quality and performance of the software and/or services provided under this agreement. Should the software or product prove defective, the Subscriber solely assumes the cost of all necessary servicing, repair, or correction, including, without limitation, any “debugging.” Except as otherwise stated below, neither party makes any warranties of any kind or nature, whether express or implied, including, but not limited to, warranties related to information or business advice provided, outcomes based on information or advice provided, merchantability or mercantile quality, fitness for a particular purpose or use, or warranties or conditions arising by statute or otherwise in law.

8.2) No express or implied guarantees of income or sales are made when purchasing any LeadLocate services. Earning potential entirely depends on the person using the service, the viability of their business model, local market demographics, their execution ability, and other variables. You agree that we are not responsible for the success, failure, or any other outcome of your personal business decisions.

8.3) Quality Control Policy: To qualify for lead replacement, the Subscriber agrees to log all activity related to each lead in the LeadLocate CRM platform. The Subscriber agrees that if an activity is not posted in the LeadLocate CRM account, for quality control purposes, it will be assumed not to have occurred. The Subscriber needs to use the platform for texts, emails, and calls to request quality assurance support. Without seeing messages going in and out of your account, we cannot troubleshoot your lead feeds or algorithm. Even if using another CRM, we request posting all communications to the lead's notes section. Communicating with leads outside the LeadLocate platform renders us unable to assist with quality-related support requests. Section 34 applies to all communication with leads and customers.

8.4) Quality Control Requests: The only accepted way to report a bad lead is the Report to QC option on that lead in the LeadLocate CRM, or another quality control form the Provider makes available inside the account. To qualify for lead replacement, the subscriber must first attempt to contact the lead a minimum of five (5) times on different dates within the first seven (7) days after the lead is delivered, using every available contact method (SMS, email, and call) each time, with every attempt timestamped in the LeadLocate CRM without exceptions. The request must then be filed within ten (10) days after the lead was delivered. Requests filed after that window, requests filed in bulk at or near the end of a subscription period for leads delivered earlier, requests for leads that were not worked as described above, and duplicate requests are denied. Each request covers one lead and must state the reason for requesting replacement; the lead name, phone, email, and delivery date are taken from the account record. Upon receipt of the quality control request, LeadLocate will conduct an investigation to verify the subscriber's claims. If verified to be true and the lead qualifies for replacement, LeadLocate will replace the lead. Lead replacement is the only remedy for a lead that fails the 3-Point Quality Test, and it is never paid, credited, or refunded as money. The provider reserves the right to deny any request that does not meet these criteria.

8.5) Quality Control Standards: LeadLocate utilizes an omnichannel mass-market lead generation strategy to generate leads. This means that we can connect to virtually every online advertising platform that you can think of. We drive your local web traffic to lead capture squeeze pages, where the leads are then captured and delivered to you. Every lead that you receive from us will be 1) a local customer within your Market Area, 2) the contact information attached to the lead will be valid, and 3) actively shopping to buy a vehicle at the time of lead capture, or, for a seller lead, actively looking to sell or trade their vehicle at the time of lead capture and asking to receive an offer. We refer to this policy as the "3-Point Quality Test." If the lead passes this test, it is verified as a valid lead. We only verify these three data points; no other data can be added to this 3-Point Quality Test. If you receive a lead and any of the three points are verified as "false," for example, the client provided a fake phone number, the client is not in the market for a vehicle, the seller never asked for an offer and has no interest in selling or trading, or the client is located in another state, then that lead will be removed from your account.

8.6) Prescreening Questions: As part of our service, you can add custom prescreening questions to your lead capture forms. Some examples of prescreening questions are: "Do you have a minimum of $1,000 for a down payment?" "Please estimate your credit score. Minimum 600 points." or "What is your budget for a monthly payment?" among others. These questions are designed to weed out any shopper who is not serious about purchasing a vehicle. However, these questions do not override our 3-Point Quality Test policy. We are not responsible if the lead overestimates their credit score, provides inaccurate income, is unsure of their 10-day payoff, or makes any other mistakes or misrepresentations when answering your custom prescreening questions. If the lead is reported as a "bad lead," quality control will only verify 1) that the lead is a local client, 2) that the contact information is valid, and 3) that the client is shopping to purchase a vehicle or, for a seller lead, looking to sell or trade their vehicle. Any additional information outside of our 3-Point Quality Test is not guaranteed.

8.7) Quality Control Abuse and Termination: The Subscriber understands and agrees that if they submit quality control requests without merit or use trickery to receive lead replacement, the Provider will immediately and without notice terminate the account. The Subscriber also agrees that if the account is terminated citing this provision, they will forfeit any payments made to date and will not be entitled to a full or partial refund. Furthermore, the Subscriber agrees to compensate the Provider for any monetary damages that exceed the amount collected by the Provider for products or services due to misconduct. No part of the Provider's Quality Control Policy overrides the no-refund policy, AS IS statement, limitation of liability, or any other section of this agreement. The Quality Control Policy exists solely to assist Subscribers with the procedures for requesting support related to quality concerns.

8.8) Marketing Effort Levels, Ad Schedule and Lead Estimates: Every plan with leads is sold by Marketing Effort Level, not by a number of leads. The base Inbound Plan includes 1x Marketing Effort Level on buyer leads, the base Marketplace Acquisitions Plan includes 1x Marketing Effort Level on seller leads, and the base Hybrid Plan includes 1x Buyer Effort and 1x Seller Effort. Each Extra Marketing Effort Level is $599.00 per monthly subscription period. Each level adds about the same advertising exposure to the Subscriber's campaigns, using the Subscriber's same settings, so 2x provides about twice the exposure of 1x. LeadLocate determines how the exposure is delivered, which may include advertising budget, placements, channels, audiences within the Subscriber's settings, and creative. On a Hybrid Plan, each extra level is assigned to buyer leads or seller leads at the Subscriber's choice, and the split may be changed once per monthly subscription period.

A campaign stays active through the monthly subscription period unless the Subscriber pauses it. The ads within an active campaign run on a schedule that LeadLocate sets and optimizes for the best results, including the hours and days on which ads run. LeadLocate does not promise that ads run at every hour or on every day, and may pause ads when running them would waste the budget, such as during severe weather, around a local event, or on days the Subscriber's business is closed.

LeadLocate software may show lead estimates, including in the Forecasting Tool, in Leads Manager, and at signup. An estimate is calculated from the Subscriber's settings and Marketing Effort Level. It is planning information only. It is not a guaranteed quantity or a minimum, and actual results may be higher or lower depending on the Subscriber's settings and on how engaged the local market is with our ads. Narrower settings usually bring fewer leads. The subscription fee does not change with lead volume, including in a period with few or no leads, and no part of it is refunded or credited because of lead volume. Every lead captured for the Subscriber's campaigns is delivered at no extra charge.

The Subscriber chooses one of five Market Area sizes (10, 20, 30, 40 or 50 miles) and sets and changes its own targeting in Leads Manager within the limits of Sections 8.9 and 8.10. The Subscriber is responsible for the effect of those settings on lead volume, and lead estimates update when settings change. Our default settings follow industry best practices and are a starting point, not a condition of service.

8.9) As a subscriber, you acknowledge that LeadLocate employs an omnichannel lead generation strategy, which necessitates advertising across multiple channels. This approach relies on third-party advertising providers, each of whom maintains their own set of policies and timelines regarding the display and management of advertisements. You understand that effective advertising results require time, and any modifications you make to your audience targeting may necessitate a period of data accumulation before adjustments can be observed in advertising performance.

By agreeing to these terms, you consent to a limitation wherein adjustments to your account's targeting settings may be made no more than once per monthly subscription period. This limitation is designed to ensure the stability and integrity of the data-driven optimization process. However, an exception is made during the first month of your subscription, permitting you to make changes to your audience targeting settings after the initial two weeks following account setup. This policy is uniformly applied to all lead generation accounts without exceptions.

8.10) Seller Lead Program Rules: The following rules apply to every seller lead, in the Marketplace Acquisitions Plan and in the Seller Effort of the Buyers & Sellers Hybrid Plan. (a) Vehicle settings: In Leads Manager, the Subscriber sets the model years, mileage, and title status of the vehicles their seller lead campaigns target. Every seller lead campaign starts at the strictest settings available: vehicles up to 10 model years old, counted from the current calendar year, with 125,000 miles or less and a clean title. The Subscriber may widen any of these settings at any time, for example to older model years, higher mileage, or any title status, but settings stricter than 10 model years and 125,000 miles are not available. Seller lead campaigns always include all vehicle makes and models, every ownership situation (paid off, loan payoff, or lease), and every selling timeline, because a buying program limited to a narrow slice of the market cannot produce steady lead volume. (b) Market Area: Seller lead campaigns use the same five Market Area sizes as Inbound: 10, 20, 30, 40 or 50 miles around the Subscriber's business location. (c) Dealer requirements: By purchasing seller leads, the Subscriber confirms that their business is able to buy vehicles from consumers outright, accept trade-ins, and pay off existing loans, and leases where the leasing company permits it. Our advertising reaches every type of vehicle owner, including owners who want a straight sale, owners who want to trade toward another vehicle, and owners who want a lower monthly payment or a larger or smaller vehicle. The share of straight sales and trades varies from month to month and cannot be predicted, so the Subscriber must be prepared to handle both. A seller lead who wants to trade, or who has a loan or lease payoff, is a valid lead even if the Subscriber chooses not to offer that transaction.

(d) Leads outside the vehicle settings: Every seller lead is delivered. If the model year, mileage, or title status a seller enters at the time of lead capture falls outside the Subscriber's vehicle settings, that lead is still delivered, at no extra charge. As with the prescreening answers described in Section 8.6, we are not responsible for vehicle details a seller states incorrectly, such as mileage, condition, title history, or payoff amount. (e) Not grounds for replacement: A seller lead remains valid when the seller expects more than the Subscriber offers, prefers a trade instead of a straight sale or the reverse, has a loan payoff, negative equity, or a lease, owns a vehicle with mechanical or cosmetic issues or an accident history on a clean title, compares more than one offer, sells the vehicle elsewhere after the lead is delivered, or is slow to respond. Quality control requests for seller leads follow Sections 8.4 and 8.5.

9. Limitation of Liability#

9.1) The Subscriber agrees that the Provider will not be held liable for damages from any cause of action whatsoever, regardless of the form of action. In no event shall the Provider be liable for lost profits or any indirect, incidental, consequential, or special damages of any nature whatsoever, including, without limitation, damages arising from the loss of use of the Software or products, costs of procurement of substitute products or services, lost data, lost profits or revenue, or for any claim or demand by the Subscriber or any third party, arising out of or related to the use and performance of the Software or the breach thereof, even if advised of the possibility of such damages.

9.2) The Subscriber expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with the Provider or third parties. The Subscriber expressly agrees that no matter what may happen as a result of their purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, the absolute maximum extent of the Provider’s liability shall be an amount no greater than the fees the Subscriber actually paid to the Provider for the one monthly subscription period in which the claim arose. This limit also protects the Provider's owners, employees, contractors, vendors, and AI and integration providers, and it applies to the fullest extent permitted by law.

10. Record Keeping#

10.1) You are required to keep all records of your communications and client permissions to contact. We are not obligated to retain or store any records from your account, and the LeadLocate platform is not a records retention service. Account data may be deleted when an account is cancelled or expires (Section 6.1), so you must print, copy, or export and keep any records you are required to keep, including, for California dealers and California customers, the records the CARS Act requires you to keep for two years. The subscriber agrees to follow all federal and local credit and lending laws when contacting leads. Refer to sections § 1002.1 through § 1002.16 of the CFPB. Each state may have specific record-keeping and/or privacy laws that you must obey when using our service. Please familiarize yourself with all local laws before you start using any LeadLocate products or services.

11. Assumption of Risk#

11.1) The Subscriber agrees to accept all risks associated with the use of this product/service, including but not limited to ingestion or application to the Subscriber’s person, personal or business use of the product, all applicable taxes and regulations, and all legal compliance issues related to this product. The Subscriber warrants an understanding that the Provider disclaims all liability for harm of any kind or nature caused directly or indirectly by this product. The Subscriber understands that leads might contain links or URLs that connect to other sites; the Subscriber is required to comply with the terms and conditions of the linked site when using that site, in addition to the terms herein. The Subscriber agrees to accept all risks associated with browsing third-party sites that are linked or generated by the Provider’s LeadLocate application. The Subscriber also accepts all risks associated with relying on AI output (Section 35) and with using third party services connected to the platform (Section 37).

12. Privacy Policy#

12.1) The Subscriber expressly accepts the terms of the Privacy Policy of the LeadLocate website. https://leadlocate.com/sales-leads/privacy-policy

12.2) We may contact you using SMS, RCS, or automated calls to provide you with account activation, billing, customer support, and service notices. The full Messaging Terms and Mobile Messaging Privacy Notice are at https://leadlocate.com/sales-leads/terms-of-service#Messaging-Terms and https://leadlocate.com/sales-leads/privacy-policy#Messaging-Privacy. Message frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to cancel. Messages and calls may be sent using an autodialer. Consent to receive messages is not required as a condition of any purchase.

12.3) Any sales lead credit information you receive through SecureWebX.com or any other website we own should be treated as confidential. You must follow all federal and local laws when handling clients' private data. You assume all liability associated with securing the client's private information. This applies equally to information you receive or handle through SecureWebX, My Inventory Link, the LeadLocate CRM, the Account Control Panel, and any AI feature or connected third party service.

13. Force Majeure#

13.1) The Provider shall not be responsible for delays or failures (including any delays by the Subscriber in making progress in the pursuit of any Services) if such delays arise from causes beyond its control. Such causes may include, but are not limited to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, and severe weather. No payment will be refunded, but it will act as a credit for a future rescheduling.

14. Drop of Service#

14.1) LeadLocate relies on third-party websites and services to provide subscribers with its services, and the provider adheres to the terms of service of those websites. If a third party changes its terms or its service, LeadLocate may change, replace, or stop using that lead source, channel, or integration, and will keep providing the service through its other channels. There is one exception to the no refund terms of this Agreement, and it is this one: if LeadLocate permanently discontinues an entire paid service for all subscribers, it will issue each affected subscriber a prorated refund for the unused days of the current paid period of that service. This exception never applies to a suspension or termination caused by the subscriber, to the discontinuation of a single feature, campaign, lead source, integration, or AI feature, to a change in law that affects the subscriber, or to anything described in Section 33. LeadLocate reserves the right to drop or cancel the subscriber's account or access to our software at any time, for any reason, without notice. If we suspect that you are using our services for spam or any other unethical or illegal activity, we will report you to the appropriate authorities and restrict subscriber access.

16. A2p & Do Not Call Registry#

16.1) Some LeadLocate users are not required to access the National Do Not Call Registry and may access LeadLocate as an Exempt Organization if one or more of the following is true: Your organization is not subject to the jurisdiction of either the FTC or the FCC. For example, a non-profit charitable organization may qualify as an Exempt Organization, assuming it is indeed a non-profit. However, entities that have been granted tax-exempt status under the Internal Revenue Code are not necessarily classified as Exempt Organizations for the purposes of the National Do Not Call Registry. Reference cases such as FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc., demonstrate that the FTC has successfully challenged the nonprofit status of organizations whose primary role was to generate leads for other firms that subsequently charged consumers substantial fees for their services.

16.2) Here is an example of an SMS written permission statement that you can add to your forms or site (consult your attorney for complete local and federal laws): "We may contact you using SMS, RCS, or automated calls. Terms and Privacy can be found on our website. Message frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to cancel. Messages and calls may be sent using an autodialer. Consent to receive messages is not required as a condition of any purchase."

16.3) Legal Firms & Telecom Counsel: These legal firms specialize in national (and in some cases international) telecom regulation and compliance. http://www.copilevitz-canter.com/ https://www.manatt.com/home.aspx http://www.lockelord.com/ http://www.olshanlaw.com/practices-Advertising-Marketing-Law.html

17. Before You Sign Up For Service & Expectations#

17.1) Once we integrate your account into our ads network, we have no control over who clicks on our ads. We cannot prevent any segment of the general public from contacting you. Yes, we can fine-tune targeting, but ultimately, you will receive leads from whoever is the typical shopper in your area. We do not sell for you. You need to be capable of handling objections and coming up with solutions to customers' unique circumstances on your own. We will send you leads of everyday people looking to purchase or sell a vehicle from all walks of life. We expect you to treat everyone with the same level of respect and professionalism as you would your friends or family. Working with internet leads requires a lot of effort. If you are looking for "easy" sales, LeadLocate is not the right provider for you. Our internet leads are in-market shoppers generated from potentially hundreds of different websites. You will need to conduct a proper needs assessment with every lead and follow all best sales practices.

17.2) If you lack motivation or work ethic, our lead programs will not rectify this. If you are struggling with your existing leads or are uncomfortable talking to customers, purchasing more leads is not a solution to your problem. You might want to invest your resources in sales training before spending money on lead generation. We consider a lead to be valid if it is verified that: 1) The lead is a local customer within your Market Area, 2) The contact information attached to the lead is valid, and 3) The lead was actively shopping to buy a vehicle at the time of lead capture (for a seller lead, actively looking to sell or trade their vehicle and asking to receive an offer). We do not verify credit scores, negotiate pricing, or follow up with leads for you. For example, if you can't get the lead financing because of your limited options at the dealership, there is nothing that we can do about that.

17.3) Each Marketing Effort Level on your plan adds advertising exposure behind your settings. The number of leads varies with your settings and with how engaged your local market is with our ads, and we cannot predict how many people will be looking to buy or sell a vehicle during any subscription period. Lead estimates are not a minimum (Section 8.8). Inbound leads may or may not be VIN specific. When the Subscriber's inventory is advertised through Inventory Link, a shopper can submit an inquiry on a specific vehicle and the VIN is included with the lead. Other shoppers describe what they want in general terms. All submitted leads are delivered. We cannot promise a particular ratio of VIN specific to general leads, or restrict delivery to one trim, one brand or one finance type, because the consumer decides what to submit. You need to be self-disciplined to follow processes and be consistent with your follow-up. Our technology is 100% standalone. We do not work your leads for you or instruct you on how to do your job. The account reviews, quality control, and AI monitoring described in Sections 2.5 and 35 exist for quality, security, and compliance, not to follow up with your leads. We provide you with leads, and it is your responsibility to qualify them, overcome objections, and ultimately make the sale.

17.4) We expect you to be experienced enough to understand that requesting leads who have 800+ credit, $10k down, and are willing to pay over MSRP is unreasonable. In the same way, expecting every seller to accept a below-market offer, or buying only nearly new, low mileage vehicles, is unreasonable for a seller lead program. You understand that no marketing is ever perfect, and some months will be better than others. We do not guarantee sales or any level of success, and no other respectable company will. We do not make any guarantees about leads, as lead quality is subject to individual opinion, and we have no interest in arguing with our users about their definition of a “quality lead.” You understand and agree that, apart from the service commitments in Sections 8.4 and 8.8, there are absolutely no guarantees with advertising/lead generation, and you were not promised or guaranteed any results. It is up to you to make it happen. We are a month-to-month service provider. If you are unhappy with us for any reason, you are not obligated to renew your service.

18. Responsible Use#

18.1) The Subscriber agrees to familiarize themselves with any additional international, federal, state, or local laws governing their dialing activities. The Subscriber agrees to place any individual requesting DNC (Do Not Call) status on the Subscriber's account DNC list immediately. The Subscriber agrees to provide legal contact information in the initial greeting message of any outbound campaign. The Subscriber agrees to provide their own sound files for all outbound campaigns. With the ability to provide all data, the Subscriber agrees to dial each campaign responsibly and courteously to the recipients for whom the campaign is intended. The Subscriber agrees to schedule campaigns responsibly and to avoid sending calls to lifeline services such as hospitals, fire, police, 911, or utility-related telephone numbers. The Subscriber agrees not to send any sales outbound broadcasts to recipients who have not consented to receive such a broadcast. The Subscriber agrees to use the DNC/opt-out features made available through LeadLocate (Blacklist). The Subscriber agrees to consult with an attorney before dialing any data they are unfamiliar with or if the legalities of dialing remain unclear to the Subscriber.

19. Acquiring or Sending to Third-party Mailing Lists Is Prohibited#

19.1) Sending campaigns to contact lists acquired (purchased, exchanged, or loaned) from a third-party company will negatively impact deliverability and is strictly prohibited. As a result, email addresses must always be collected in a manner in which the recipient has explicitly opted in to receive communication. The use of lists that are bought, rented, or scraped from third parties is prohibited by law in most countries and is absolutely prohibited on the Provider's servers.

19.2) All your contacts should have provided explicit and provable consent to receive communication. This consent should be obtained through a confirmed ("double") opt-in system that clearly states the topic of the subscription on an online or offline form via a checkbox. This checkbox must not be pre-checked. In other words, all checkboxes must be unchecked by default, allowing users the opportunity to willingly opt in to receive communication.

19.3) All marketing campaigns must include a clear and concise link for recipients to easily opt out of receiving future communication. The link must be easy for anyone to recognize, read, and understand. On your end, the unsubscription request must be processed immediately, with no further emails being sent to the recipient from that point onward. In accordance with the LeadLocate Sending Policy, transactional and confirmation emails such as purchase orders, payment invoices, password resets, account creations, and similar do not require an unsubscribe link due to their nature.

21. Consumer Inquiries#

21.1) The Subscriber shall respond to all consumer inquiries regarding their use of LeadLocate. The Subscriber shall not make marketing solicitations using LeadLocate to individuals who have requested not to receive such solicitations from the Subscriber. The Subscriber may forward consumer inquiries involving the accuracy of the LeadLocate Data to LeadLocate. LeadLocate shall cooperate with the Subscriber to address any consumer issues that the Subscriber has made reasonable efforts to resolve.

22. Consumer Reports#

22.1) The Subscriber shall not use the data as a basis for determining consumer creditworthiness, consumer credit approval, or a consumer's eligibility for employment or insurance. The Subscriber shall not use LeadLocate data as the sole source for generating a consumer report as defined in 15 U.S.C. §1681a.

23. Data Protection#

23.1) The Subscriber shall maintain administrative, physical, and technical safeguards that are no less rigorous than accepted industry practices to prevent the unauthorized release of any lead or contact's personal identifying information (PII).

24. Tax#

24.1) The subscriber is responsible for all sales, use, and other applicable taxes or duties related to the purchase of the products or subscription services.

25. Governmental Regulation#

25.1) In the event that any law or governmental regulation restricts LeadLocate's ability to provide the products or services, either party may terminate this agreement or the affected subscription schedules on the date such governmental regulation is enacted. Upon such termination, if required by law or governmental regulation, the subscriber shall destroy the affected LeadLocate data.

26. Confidential Information#

26.1) During the term of this Agreement, the parties may share confidential information with each other. The Recipient shall use the Discloser's confidential information solely for evaluating current or potential business opportunities between the parties. The Recipient shall disclose confidential information only to those individuals who need access for such purposes ("Representatives"). If any Representatives of the Recipient disclose or use confidential information other than as authorized by this Agreement, the Recipient will be liable to the Discloser for that unauthorized disclosure or use to the same extent as if the Recipient had disclosed or used the confidential information.

27. Source of Data#

27.1) The Subscriber shall treat as confidential the fact that they receive data from or utilize LeadLocate, except in response to an inquiry from a consumer who is the subject of a particular record that includes LeadLocate data.

28. Litigation#

28.1) Attorney Fees - In the event of any litigation arising from or related to this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney fees, and all other related expenses incurred in such litigation.

29. Jurisdiction and Venue#

29.1) If any matter concerning this purchase is brought before a court of law, the Subscriber agrees that the sole and proper jurisdiction will be the State of California, at the courthouse closest to the Provider's physical address or the courthouse closest to an attorney or law firm retained by the Provider to represent LeadLocate in the matter. In the event that litigation is in a federal court, the proper court will be the closest federal court to the Provider’s physical address or a courthouse closest to an attorney or law firm retained by the Provider to represent LeadLocate in the matter. The Subscriber agrees that the Provider, LeadLocate, will be the sole party deciding in which court within the State of California any dispute or claim will be heard.

30. Provider Contact Information#

30.1) DotNet Holdings LLC DBA: LeadLocate.com Mailing Address: 1401 21st St, Ste 14270, Sacramento, CA 95811 Phone: 844-376-2274 Fax: 866-429-5707 Contact Form: leadlocate.com/sales-leads/contact-us Online Support Ticket System: https://my.leadlocate.com/request-support

30.2) LeadLocate offices are located in California (Pacific Time Zone), and our business hours are from 9:00 AM to 6:00 PM, Monday through Friday (excluding federal holidays). You, the subscriber, understand that LeadLocate does not provide 24/7 phone support. Any account update requests must be made during regular business hours, which are from 9:00 AM to 6:00 PM Pacific Time, Monday through Friday. Any calls received outside of business hours will be handled by an answering service, and a message will be relayed to the appropriate department for follow-up on the next business day. For faster service, you have access to a 24/7 online support ticket system where you can submit requests at your convenience, and one of our account managers will follow up with you the next business day during regular business hours.

31. Mutual Non-disparagement#

31.1) As this is a business-to-business agreement, each party, including their respective agents, officers, employees, or directors, agrees to refrain from publicly disparaging, calling into disrepute, defaming, slandering, or otherwise criticizing the other parties or any of their products or services in any manner that could damage or otherwise degrade the business or reputation of the other parties, their products, or services in any business or other setting. Breach of this clause grants the compliant party the right to pursue all legal remedies against the breaching party.

32. Entire Agreement#

32.1) This Agreement contains the entire understanding between the parties, and there are no other commitments, agreements, or understandings between the parties other than those expressly set forth herein. This Agreement shall not be altered, waived, modified, or amended except in a document signed by the parties hereto, or by an update accepted electronically or by continued use as described in Section 40.

33. Account Abandonment, Non-Use and Sabotage#

33.1) Delivery of service. The Subscriber agrees that the Provider has delivered the purchased service when the account is activated and the login credentials are sent to the email address on the account, and that each lead is delivered when it posts to the account. Delivery does not depend on whether the Subscriber or any user logs in, opens or answers a lead, completes onboarding, connects an integration, or uses any feature. Activation starts real costs right away, including setup labor, phone numbers, campaign building, advertising spend, and vendor and licensing fees, and those costs are spent once they are incurred.

33.2) Non-use and abandonment are not a failure to deliver. Choosing not to use the account, abandoning it, ignoring leads, not logging in, not finishing onboarding, a change of mind, a change in business plans or staff, or a decision to stop using the service are the Subscriber's own choices. None of them is a failure by the Provider, a breach of this Agreement, or a reason for a full or partial refund, credit, or chargeback, and none of them waives or changes the no refund terms in Sections 2.1, 6.1, and 6.5. A Subscriber that no longer wants the service stops future renewals as described in Section 6.2.

33.3) Sabotage and manufactured complaints. The Subscriber agrees not to interfere with its own account in order to make the service look faulty or to build a refund or chargeback claim. This includes, without limitation, deliberately changing, deleting, or breaking templates, automations, autoresponders, forms, prescreening questions, targeting, Market Area settings, integrations, phone or email settings, or user access; deleting, hiding, or withholding leads or communications; giving leads false or misleading replies; refusing to contact leads and then reporting them as bad; and reporting defects that the Subscriber caused or knows do not exist. Each of these acts is a willful breach of this Agreement, is trickery under Section 5.3, and is a willful act under Section 5.4.

33.4) Liquidated damages. The parties agree that the harm caused by abandoning an account and then demanding a refund, by sabotage, or by a refund request or chargeback built on either, is real but hard to measure in advance, because it includes activation and setup labor, investigation and quality control time, staff and management time, processor and chargeback fees, dispute handling, committed advertising spend, and harm to the Provider's merchant accounts and vendor relationships. As a reasonable estimate of that harm, and not as a penalty, the Subscriber agrees to pay liquidated damages of not less than $500.00 and up to $10,000.00 for each such act, as determined by the Provider based on the facts of the incident, or any greater amount the law allows, in addition to the original payment amount, any amount needed to make the Provider whole, and collection costs and attorney fees under Section 28.1. The Provider may charge these amounts to the payment method used for the original purchase under Section 5.3.

33.5) Account records are the evidence. The Subscriber agrees that the Provider's account records accurately show what happened in the account, including login history, IP addresses, devices, settings and template change history, lead delivery records, message logs, call logs and recordings, and audit logs, and that the Provider may use them as described in Section 5.5.

34. Platform Communication: If It Is Not Posted, It Did Not Happen#

34.1) Stay on the platform. To receive support, troubleshooting, quality control, lead replacement, or any review of lead quality, the Subscriber agrees to communicate with every lead and customer delivered through LeadLocate from inside the LeadLocate platform, including the CRM, the account phone number, the account email address, SecureWebX credit applications, Deal Tracker, and the appointment calendar. Where a conversation has to happen somewhere else, such as in person at the dealership, the Subscriber posts a complete note of it on the lead in the CRM on the same day.

34.2) If it is not posted, it did not happen. Any call, text, email, meeting, credit application, appointment, or other activity that does not appear in the LeadLocate account is treated as if it never occurred, for every purpose under this Agreement, including support requests, quality control requests, lead replacement, billing disputes, refund requests, and chargebacks. The Provider reviews and troubleshoots only the activity recorded in the account. Statements about activity outside the platform, screenshots from other systems, and records from personal phones or personal email accounts do not replace the account record.

34.3) Deleted or moved records. Deleting leads, notes, messages, or call records, or moving lead conversations to personal phones, personal email, or another CRM without posting notes in the LeadLocate account, forfeits support, quality control, and replacement for those leads.

34.4) Follow the published procedures. The Subscriber agrees to follow the procedures the Provider publishes in this Agreement, in the account, and in the training library, including the quality control procedure in Section 8.4. Requests that do not follow those procedures are denied.

35. Artificial Intelligence Features#

35.1) How the Provider uses AI. The Provider uses artificial intelligence ("AI") across its products, including the LeadLocate CRM, SecureWebX, My Inventory Link, the Account Control Panel, the mobile apps, and the Provider's websites. AI is used, among other things, for account monitoring, analytics, quality control, security and fraud prevention, lead and conversation summaries, first contact and follow-up messages (including AI Follow-Up), message, template, email, and website content, chat and customer support assistance, voice features, call transcription, lead reports, desking and vehicle information help, inventory processing, and image and video creation. Some of these features run automatically and some run only when a user turns them on or asks for them.

35.2) AI providers. AI features are powered by third party AI providers, which currently include OpenAI (ChatGPT and the OpenAI API), Anthropic (Claude), Google (Gemini and Vertex AI), Perplexity, ElevenLabs, Deepgram, and Amazon Web Services (including Amazon Textract), and may include other providers the Provider adds later. Each provider has its own terms of service and privacy policy, which the Subscriber is responsible for reviewing, for example at openai.com/policies, anthropic.com/legal, policies.google.com and cloud.google.com/terms, perplexity.ai, elevenlabs.io, deepgram.com, and aws.amazon.com/privacy.

35.3) Consent to share information with AI providers. By signing this Agreement, and again each time the Subscriber or any of its users uses an AI feature, the Subscriber authorizes and consents to the Provider sending the information needed to perform that feature to the AI provider that powers it. That information can include account content, lead and customer information (such as names, contact details, vehicle interests, messages, notes, call audio and transcripts, and credit application details where a feature processes them), inventory data, images, and the instructions a user gives. The Subscriber confirms that it has the rights and consents needed from its own customers and users for that sharing. Each AI provider's own terms control how it uses, retains, and protects the information it receives. The Provider does not use the Subscriber's customer information to train AI models of its own, and does not sell it.

35.4) AI output. AI output is produced automatically and can be inaccurate, incomplete, out of date, or inappropriate. It is not legal, financial, credit, tax, or compliance advice. The Subscriber is responsible for reviewing AI output before relying on it or sending it, and for every message, offer, price, payment figure, disclosure, and statement sent from its account, whether a person or AI wrote it. Under California Civil Code Section 1714.46 and similar laws, a business that uses AI is responsible for what the AI does, and as between the Subscriber and the Provider, that responsibility is the Subscriber's.

35.5) Changes to AI features. The Provider may add, change, limit, pause, or remove AI features, change AI providers or models, and set usage limits at any time. Doing so is not a breach of this Agreement and is not a reason for a refund or credit.

35.6) Assistants a user connects. When a user connects an outside AI assistant to the account (for example ChatGPT, Claude, Gemini, Canva, or Meta's assistant) through the Provider's API or Model Context Protocol server, the connection is made at the user's choice, the assistant provider's terms apply, and the AI Assistant Connections part of the Privacy Policy describes what the connection can access.

36. Subscriber Responsibility for AI Compliance#

36.1) The Provider supplies tools. The Provider supplies AI tools. The Subscriber decides whether, when, and how to use them with its customers and its customers' information, and the Subscriber alone is responsible for using them lawfully.

36.2) The Subscriber's own policies. The Subscriber is responsible for creating and following its own policies for AI use, privacy, data security, record keeping, and consumer communications; for giving its customers every notice and disclosure the law requires, including any disclosure that a customer is communicating with AI or hearing an artificial or AI generated voice; for getting every consent the law requires before contacting a customer or sending a customer's information to an AI feature; and for consulting its own attorney and studying the federal, state, and local laws that apply to it and to its customers before and while using any AI feature.

36.3) Laws that may apply. Laws in this area change often. Examples of laws that may apply to the Subscriber's use of AI include the Telephone Consumer Protection Act and the FCC ruling that AI generated voices are artificial voices; California's bot disclosure law (Business and Professions Code Sections 17940 to 17943); California Public Utilities Code Section 2874 on artificial voice messages; California's customer service chatbot law (AB 1609) and synthetic performer advertising law (SB 1050), both operative January 1, 2027; California's rules on automated decisionmaking technology under the California Consumer Privacy Act; Colorado's artificial intelligence law (SB 24-205 as replaced by SB 26-189, operative January 1, 2027); the AI and chatbot disclosure laws of states such as Utah and Maine; Section 5 of the FTC Act and state consumer protection laws; and state privacy laws. This list is not complete, and the Provider does not advise the Subscriber on which laws apply to it.

36.4) Decisions about consumers. The Subscriber will not use AI features to make, or as the only basis for, decisions about a consumer's credit, financing terms, price, eligibility, employment, or insurance, or any other decision with a legal or similarly significant effect on a consumer. The Subscriber is solely responsible for any such use and for any notice, explanation, opt-out, appeal, risk assessment, or human review the law requires.

36.5) Indemnity. The Subscriber agrees to defend, indemnify, and hold harmless the Provider and its owners, employees, contractors, and providers from any claim, fine, penalty, or loss arising from the use of AI features or AI output by the Subscriber or its users, including claims by consumers, regulators, and AI providers.

37. Third Party Services and Integrations#

37.1) The Provider is a connector. The LeadLocate platform connects to services that other companies own and run. The Provider is a connector only, and is not the provider, agent, guarantor, or partner of those companies. Whether to turn on and use an integration is the Subscriber's decision. Each third party company has its own terms of service and privacy policy, and by using an integration the Subscriber agrees to review and comply with them. Where a third party requires the Subscriber to hold its own account, license, membership, or approval (for example a credit reporting agency or reseller, an identity verification service, or a Lyft Business account), the Subscriber is responsible for opening, paying for, and maintaining it.

37.2) The Subscriber is responsible for its use. The Subscriber is fully and solely responsible for everything it or its users generate, request, send, order, pull, book, publish, or pay for through an integration, for complying with the third party's terms and with the law, and for every charge the third party bills. The Subscriber agrees to defend, indemnify, and hold harmless the Provider from any claim arising from its use of a third party service.

37.3) Third party changes. Third party services can change, raise prices, limit access, suffer outages, or shut down at any time. These events are outside the Provider's control, are not a breach of this Agreement, and are not grounds for a refund or credit. The Provider may add, change, suspend, or remove any integration at any time.

37.4) Companies we connect with. The third party companies the LeadLocate platform currently connects with, or uses to deliver its services, include the following. The Provider adds new integrations regularly, and this Section covers every integration added later, whether or not it is listed here yet. (a) Artificial intelligence: the providers listed in Section 35.2, and outside assistants a user connects under Section 35.6. (b) Credit reports, prequalification, identity checks, and income checks, used in SecureWebX through the Subscriber's own provider accounts: iSoftpull, 700Credit, CRS Credit API, Agility Credit, Credit Bureau Connection, Experian Prequalification, Didit, Veriff, Stripe Identity, Shufti, Socure, Sumsub, Plaid (including Plaid Identity Verification), and Truv. (c) Dealer systems and lenders: leads and credit applications delivered in standard ADF/XML and other formats to dealer CRM and dealer management systems such as VinSolutions, DealerCenter, ELEAD, Reynolds and Reynolds, and CDK Global, and to lender and finance portals when they are activated for the Subscriber. (d) Calls, texts, fax, and email: Twilio, SignalWire, Mailgun, RealValidation (Do Not Call list checks), Bulk Email Checker (email validation), and the wireless carriers. (e) Payments and rewards: Stripe, PayPal, GoCardless, and Lopay for LeadLocate billing; Stripe in SecureWebX through the Subscriber's own account; and Tremendous for customer rewards through the Subscriber's connected account. (f) Rides: Lyft, through the Subscriber's own Lyft Business account, and other rideshare services when activated. Rides are booked, paid for, and governed between the Subscriber, the rideshare company, and the rider, and the Subscriber is responsible for every ride booked from its account. (g) Contact, location, and market data: Trestle and Enformion (phone and email information), Google Maps Platform (maps, places, and address validation), MaxMind and other IP location services, and Serper and DataForSEO (search and market data). (h) Vehicle data: NHTSA vPIC and fueleconomy.gov (public government data), auto.dev and Vehicle Databases (VIN and vehicle data), vehicle valuation guides, and links to vehicle history reports. (i) Inventory collection: web data and network providers the Provider uses to collect the Subscriber's own vehicle listings from the sources the Subscriber names. (j) Advertising and measurement: Meta (Facebook and Instagram advertising and the Meta Conversions API), Google (advertising, Google Analytics, and Google Tag Manager), TikTok, Teads, and other advertising networks used for the Subscriber's campaigns, as described in Section 8.9. (k) Websites, chat, and video: Tawk.to, Lucky Orange, Leadfeeder, Adilo, YouTube, Google reCAPTCHA, and hCaptcha. (l) Automation, calendars, and listings: Zapier, Google Calendar, and the online marketplace and classified listing sites a user posts to from the user's own accounts. (m) Storage, hosting, and security: Amazon Web Services, Cloudflare, and the Provider's hosting, domain, and email infrastructure providers. (n) Mobile apps and wallets: Apple (App Store, Apple Wallet, and notifications), Google (Google Play and Google Wallet), and WebToNative. (o) Mail, shipping, and remote support: EasyPost, SimpleCertifiedMail, Screenleap, and AeroAdmin.

37.5) Credit reports and consumer financial information. When the Subscriber pulls a credit report, runs a prequalification, verifies identity, or verifies income or bank information through SecureWebX or any other part of the platform, the request is made by the Subscriber, under the Subscriber's own agreement with the provider, and the Subscriber is the user of that information. The Provider does not pull credit on its own behalf, does not make credit decisions, and is not a consumer reporting agency. The Subscriber is solely responsible for having a permissible purpose and the consumer's written authorization under the Fair Credit Reporting Act before every request; for adverse action notices, risk based pricing or credit score disclosure notices, and prescreen opt-out notices where they apply; for complying with the Equal Credit Opportunity Act and Regulation B, the Gramm-Leach-Bliley Act and the FTC Privacy Rule and Safeguards Rule, the Red Flags Rule, state credit and privacy laws, and each provider's terms; and for securing, keeping, and disposing of credit information as the law requires. Section 22 also applies.

37.6) Identity checks and biometric information. Some identity verification services compare a selfie or video with an identity document. Where the Subscriber uses them, the Subscriber is responsible for any notice, written consent, retention schedule, and destruction duty that applies to biometric identifiers or images under laws such as the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, the Washington biometric identifier law, and state privacy laws, and for the identity provider's own requirements.

38. Product Specific Terms#

38.1) SecureWebX (securewebx.com and app.securewebx.com). SecureWebX lets the Subscriber collect online credit applications, documents, and signatures from its customers, review them, and deliver them to its own systems, lenders, and providers. The Subscriber is the business its customers apply to and, where it arranges financing, is the financial institution responsible for its customers' nonpublic personal information under the Gramm-Leach-Bliley Act. The Provider processes that information for the Subscriber as its service provider. The Subscriber is responsible for the consents, notices, and disclosures shown to its applicants (including its own privacy notice and any credit report authorization), for who in its business can see applications, for how applications are used and shared, and for its own record retention. Credit applications and documents are encrypted in storage and in transit, as described in the Information Security Program in the Privacy Policy. SecureWebX users must accept these Terms inside SecureWebX, and access and lead delivery may be paused until they do.

38.2) My Inventory Link (myinventory.link, app.myinventory.link, its mobile apps, and its Chrome extension). My Inventory Link collects the Subscriber's vehicle inventory from the sources the Subscriber names, standardizes it, and publishes it as data feeds, hosted pages, and advertising, and may also provide manufacturer incentive information, a directory of transport providers, and transport requests. The Subscriber confirms that it is entitled to have its inventory collected from the sources it names and published, and that doing so does not breach any agreement with its website provider or anyone else; if a third party with authority over a source asks the Provider to stop collecting from it, the Provider stops and tells the Subscriber. A feed address is public, and anyone the Subscriber shares it with can read it; the Subscriber tells the Provider which fields to hold back. The Subscriber is responsible for the accuracy of every price, mileage, condition, history, and availability statement in its inventory, for removing sold units promptly, and for complying with advertising laws, including the California CARS Act total price rules, California's Honest Pricing Law, the FTC Act, and its franchise advertising rules. Manufacturer incentives and transport provider details come from other companies' published sources, are passed along with the date they were taken, change without notice, and are a working reference rather than a quote, an offer, or an endorsement. The Chrome extension acts only on the listing pages it opens for the user and publishes listings from the user's own accounts on those sites; the user is responsible for each listing and for each site's rules and fees. Acceptable use: the Subscriber will not publish inventory it has no right to publish, show another store's vehicles as its own, misstate a vehicle, use the transport provider directory or transport tools to send unsolicited commercial email or harvest the directory, present manufacturer incentive information as a manufacturer's offer, share a sign in, probe or overload the service, or copy, resell, or white label the service or its data without a written agreement. On a request made before the account closes, the Provider exports the store's feed data in the format the feeds use.

38.3) Account Control Panel (my.leadlocate.com). The Account Control Panel is where the Subscriber manages billing, payment methods, add-ons, users, support requests, projects, and files. Orders, cancellations, payment method changes, and other billing actions taken there are binding on the Subscriber. Files and documents the Subscriber uploads or shares there are the Subscriber's responsibility, including having the right to share them and keeping its own copies, and they may be removed when the account closes under Section 6.1.

38.4) Mobile apps. The LeadLocate, SecureWebX, and My Inventory Link apps are also subject to the terms of the app store they come from (the Apple App Store or Google Play). Device features such as notifications, the camera, the photo library, biometric sign in, and wallet passes are used only when the user allows them.

38.5) Deal Tracker, desking, and customer worksheets. Payment, price, tax, fee, trade, rebate, add-on, lease, and finance figures, and any compliance disclosures the software adds to a worksheet or customer view, are calculation and drafting aids. The Subscriber checks every figure and every disclosure before showing or giving it to a customer, and is solely responsible for every offer, contract, and disclosure it makes.

38.6) Referral programs and rewards. Section 4.2 applies to referral programs and to rewards sent through a rewards provider, and the Subscriber funds and is responsible for every reward it sends.

39. Dealer Law Compliance, Including New Laws#

39.1) The Subscriber's laws. The Subscriber is solely responsible for knowing and complying with every federal, state, and local law that applies to its business, its advertising, its sales, financing, and leasing, its communications, and its handling of consumer information, in every state where it does business and every state where its customers live. Where a customer lives in, or a deal is delivered in, a state with stricter rules (for example California), those rules may apply even if the Subscriber is located somewhere else.

39.2) Examples. Laws that commonly apply to dealers using LeadLocate products include the California Combating Auto Retail Scams (CARS) Act (Civil Code Sections 1784.20 to 1784.44, operative October 1, 2026), including its total price, add-on, payment disclosure, three day used vehicle cancellation, and two year record keeping rules; California's Honest Pricing Law; Section 5 of the FTC Act and state unfair and deceptive practices laws; the Truth in Lending Act and Regulation Z; the Consumer Leasing Act and Regulation M; the Equal Credit Opportunity Act and Regulation B; the Fair Credit Reporting Act; the Gramm-Leach-Bliley Act and the FTC Privacy Rule and Safeguards Rule; the Red Flags Rule; the FTC Used Car Rule; the Telephone Consumer Protection Act and FCC rules, including the consent revocation rules taking effect November 25, 2026; the Telemarketing Sales Rule and the National Do Not Call Registry; the CAN-SPAM Act; state telemarketing and text messaging laws, such as those of Florida, Oklahoma, Maryland, Texas (including its registration requirement for text message marketing), Tennessee, and Virginia; call recording consent laws, such as California Penal Code Sections 632 and 632.7; and state privacy and data breach laws.

39.3) Compliance features are aids. Disclosures, consent language, opt-out handling, quiet hours, Do Not Call checks, CARS Act worksheet language, and other compliance features in the Provider's products are tools that help the Subscriber. They are not legal advice, do not guarantee compliance, and may not fit every situation. The Subscriber reviews them with its own attorney, configures them correctly, and keeps its own required records.

39.4) Call recording and voice messages. Where the Subscriber records calls or sends prerecorded, artificial, or AI voice messages, it is responsible for giving every notice and getting every consent the law requires, including consent from all parties where required.

39.5) Changes in law. A change in law that makes a feature unavailable, or that requires the Subscriber to change how it uses the service, is not a breach by the Provider and is not grounds for a refund. Section 25 applies.

40. Changes to This Agreement and Electronic Acceptance#

40.1) Updates. The Provider may update this Agreement, the Terms of Service, and the Privacy Policy from time to time. Updates are posted at https://leadlocate.com/sales-leads/terms-of-service and https://leadlocate.com/sales-leads/privacy-policy and take effect when posted, unless the update states a later date.

40.2) Acceptance. The Subscriber accepts an update by accepting it inside any LeadLocate product (including the CRM, SecureWebX, or the Account Control Panel), by renewing or paying for a subscription period after the update is posted, or by continuing to use the service after it is posted. The Provider may require a user to accept an update before continuing to use a product. Each user who accepts on behalf of the Subscriber confirms that they are authorized to do so.

40.3) Electronic signatures and records. The parties agree that this Agreement and every update may be signed and accepted electronically; that a checked box, a click on an accept button, a typed name, or a drawn signature is a valid signature; and that electronic records of acceptance, including the date, time, IP address, device, and version, are valid records under the federal Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act as adopted in California (Civil Code Section 1633.1 and following). The Subscriber consents to receive this Agreement, its updates, invoices, receipts, and notices electronically.

40.4) Section 32 is read together with this Section. An electronic acceptance under this Section counts as a signed document.

41. Time Limit for Claims and Order of Precedence#

41.1) Time limit for claims. Any claim or cause of action by the Subscriber arising out of or related to this Agreement or the services must be filed within one (1) year after it arises, or it is permanently barred, to the extent the law allows.

41.2) Order of precedence. For subscribers, this Subscription Agreement controls over the Website Terms and Conditions wherever the two differ, including the jurisdiction and venue terms in Section 29, which apply to subscribers in place of the arbitration paragraph of the Website Terms and Conditions. Additional terms on an invoice under Section 2.3 control for that order only.

41.3) Survival. Sections 2.1, 5, 6, 9, 11, 12.3, 22, 23, 26, 28, 29, 31, and 33 through 42 survive the cancellation, expiration, or termination of this Agreement.

41.4) Severability. If any part of this Agreement is found unenforceable, it is enforced to the fullest extent the law allows, and the rest of this Agreement stays in full force.

42. Self-Serve Platform and Subscriber Responsibilities#

42.1) What LeadLocate provides. LeadLocate is a self-serve sales platform. The Provider activates and sets up the account, builds and runs the advertising behind the account's campaigns, delivers leads to the account, maintains the software, provides technical support and the training library, and assigns a dedicated account manager who answers questions about the software, the account, and billing. These services are the full scope of what the Provider delivers under this Agreement.

42.2) What the Subscriber does. The Subscriber, and every user the Subscriber adds, is responsible for: (a) contacting, following up with, qualifying, and selling to or buying from every lead, as described in Section 17; (b) communicating with every lead from inside the LeadLocate platform and posting every outside conversation as a note on the same day, as described in Section 34; (c) reporting any lead believed to fail the 3-Point Quality Test with Report to QC, after the contact attempts and within the time limit in Section 8.4; (d) setting and changing the account's audience targeting, Market Area, prescreening questions, and seller vehicle settings in Leads Manager, within the limits of Sections 8.8, 8.9, and 8.10; (e) submitting support requests, account changes, and lead questions in writing as described in Section 42.4; (f) keeping account content, users, templates, automations, and contact details current; (g) managing billing and cancellation at https://my.leadlocate.com as described in Sections 6.1 and 6.2; and (h) reading this Agreement, the Welcome PDF, and the notices posted in the account, and giving them to every user the Subscriber adds.

42.3) Targeting is set by the Subscriber. Leads Manager puts the account's targeting in the Subscriber's hands. The Provider configures the default targeting at activation, manages and optimizes the advertising behind it, and reviews the changes the Subscriber saves in Leads Manager. The choice of Market Area, prescreening questions, and seller vehicle settings belongs to the Subscriber. A Subscriber who wants different leads makes that change in Leads Manager or submits it in writing under Section 42.4. A request to change targeting made by phone, text message, voicemail, or in conversation is not a change request. Not changing targeting, or not knowing that it can be changed, is not a failure by the Provider. Changes are limited as described in Section 8.9 and affect lead estimates and lead volume as described in Section 8.8.

42.4) Requests are made in writing. A support request, account change request, lead question, or complaint is received only when it is submitted in writing through the online support ticket system at https://my.leadlocate.com/request-support or through a form inside a LeadLocate product, such as Report to QC. Phone calls, text messages, voicemails, chat conversations, and conversations with any staff member are a courtesy. They do not open a request, and they do not preserve, pause, or extend any deadline, time limit, or remedy under this Agreement. The Subscriber keeps the ticket confirmation as its record.

42.5) Reasons that do not change these rules. The Subscriber agrees that none of the following extends a deadline, excuses a requirement of this Agreement, makes a lead invalid, or supports a refund, credit, or chargeback: (a) not knowing, not reading, or not remembering this Agreement, the Welcome PDF, or the notices in the account; (b) being busy, tired, short staffed, on vacation, ill, at an auction or event, or working at the end of the month; (c) a salesperson, manager, or owner leaving, or a user the Subscriber never told about these rules; (d) not logging in, not opening notifications, a full mailbox, email filtered to spam, or a changed phone number or email address; (e) expecting the Provider to contact or follow up with leads, set appointments, sell or buy vehicles, report leads, or change targeting for the Subscriber; (f) working leads on a personal phone, personal email, another CRM, or a dealer management system instead of the LeadLocate platform; (g) any statement, estimate, or promise made by phone, by text message, in a demo, or in person that is not written in this Agreement, as described in Section 32; (h) expecting a number of sales, appointments, or approvals, a return on the subscription, or a level of credit, down payment, or income from leads, as described in Sections 8.2 and 17.4; (i) market conditions, inventory, pricing, lender decisions, or the dealership's own policies; (j) lead behavior that does not fail the 3-Point Quality Test, including a lead who says they are not interested on the first contact, wants a lower price or payment, wants a different vehicle, buys elsewhere, or is slow to answer, as described in Sections 8.4, 8.5, and 8.10(e); (k) waiting until the end of a subscription period to report leads, or reporting them in a batch, as described in Section 8.4; and (l) a problem with the Subscriber's own device, browser, internet service, phone carrier, or network that was not reported through the ticket system when it happened.

42.6) Notice. These rules are disclosed in this Agreement and repeated on the signup form, on the acceptance screen inside the products, in the Welcome PDF, in the welcome email, in the onboarding emails and text messages, in the documents in the Account Control Panel File Library, and in the help text inside the products. The Subscriber agrees that any one of these is sufficient notice. The Subscriber is responsible for giving these rules to every user it adds to the account, and each user's actions in the account are the Subscriber's actions under this Agreement.

42.7) Effect of a missed requirement. When a requirement in this Section is not met, the Provider may deny the related support request, quality control request, or lead replacement. A missed requirement never entitles the Subscriber to a refund or credit, and it does not change the no refund terms in Sections 2.1, 6.1, and 33.2.

In witness whereof, the parties have executed this agreement on the dates first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.

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SMS and RCS Messaging Terms#

Governs the text messaging program operated from +1 (844) 376-2274.

These Messaging Terms govern the SMS and RCS Business Messaging program operated by LeadLocate from +1 (844) 376-2274. They are in addition to the LeadLocate Site Terms of Service and the LeadLocate Messaging Privacy Notice. Effective date: May 21, 2026. Brand: LeadLocate. Sender: +1 (844) 376-2274. Support: leadlocate.com/sales-leads/contact-us.

Program description#

LeadLocate operates an SMS and RCS Business Messaging program (the “Program”) for account holders, applicants, and prospective customers who have opted in to receive messages from LeadLocate at the mobile phone number they provided to us. Messages are sent from the LeadLocate sender +1 (844) 376-2274 and the LeadLocate RCS Business Messaging agent associated with that number. Specific message types that the Program delivers are: account activation and welcome messages, password resets, billing receipts and payment failure notices, subscription change confirmations, scheduled maintenance notices, customer support replies, security advisories, product changes, training reminders, legal notices, and conversational sales replies in response to consumer inquiries.

Eligibility#

The Program is available to consumers who (a) reside in the United States, (b) are 18 years of age or older, (c) own or are an authorized user of the mobile phone number they provide, and (d) have given the express prior written consent described in our Opt-In Policy.

Message frequency#

Message frequency varies based on the consumer relationship with LeadLocate. Typical onboarding consists of 3 to 5 messages in the first week of the relationship, then occasional account and support messages thereafter. Conversational support and sales replies occur in response to the consumer own messages.

Cost#

Message and data rates may apply per the consumer mobile carrier plan. LeadLocate does not impose any additional charge on the recipient for messages we send under this Program. The consumer is solely responsible for any carrier fees their plan applies to incoming or outgoing SMS, MMS, or RCS messages.

Opt-out and help#

The consumer can stop receiving messages from this sender at any time by replying any of the following keywords (case-insensitive) to +1 (844) 376-2274:

STOP  STOPALL  UNSUBSCRIBE  CANCEL  END  QUIT

The consumer will receive one final confirmation message: You have been unsubscribed from LeadLocate messages and will not receive further messages. Reply START to resubscribe. All further messages from this sender are then suppressed, including SMS and MMS fallback messages on the assigned Messaging Service. Twilio Advanced Opt-Out is enabled on this Messaging Service.

Replying HELP or INFO returns: LeadLocate support: visit https://leadlocate.com or call 844-376-2274. Msg & data rates may apply. Reply STOP to unsubscribe. The consumer can also contact our support team directly through our secure contact form or +1 (844) 376-2274.

Replying START, UNSTOP, or YES resubscribes the consumer.

Privacy#

Our collection, use, retention, and disclosure of phone numbers, opt-in data, and message content under this Program are described in our Messaging Privacy Notice. The headline commitment is below.

We do not share, sell, rent, or otherwise distribute mobile phone numbers, opt-in data, or message content to third parties or affiliates for marketing or promotional purposes.

Supported carriers and carrier liability#

Messages under this Program are deliverable to subscribers of all major US wireless carriers, including AT&T, Verizon Wireless, T-Mobile®, Sprint, MetroPCS, U.S. Cellular®, Cricket, Boost Mobile, and Google Fi, where the carrier supports SMS, MMS, or RCS Business Messaging delivery to the consumer handset. RCS delivery additionally requires that the recipient device and network support RCS Business Messaging. Where RCS is not available, messages fall back to SMS or MMS automatically.

Carriers are not liable for any delayed or undelivered messages.

Changing your mobile number#

If you change your mobile number, please update your account preferences with us through our secure contact form or by replying STOP from the number you no longer wish to receive messages on. LeadLocate will not hold you responsible for messages delivered to a number you no longer control if you provide reasonable notice of the change.

Modifications and termination#

LeadLocate may modify or terminate the Program, or these Messaging Terms, at any time, with or without notice. We will not make material adverse changes to the consent terms of the Program without notifying enrolled consumers at the mobile number on file.

Disputes and governing law#

These Messaging Terms are governed by the laws of the State of California, USA, without regard to its conflicts-of-laws provisions. The consumer agrees to the exclusive jurisdiction of the state and federal courts located in Alameda County, California for any dispute arising out of or relating to the Program.

Contact#

LeadLocate operates from the United States of America. These Messaging Terms apply to the LeadLocate sender +1 (844) 376-2274 and the LeadLocate RCS Business Messaging agent associated with that number. They do not govern messaging traffic that LeadLocate subscribers send to their own customers from their own LeadLocate-provisioned phone numbers. Those programs are governed by each subscriber own terms.

© 2026 LeadLocate™.

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Corporate Compliance Principles#

How we expect our own people to behave.

Corporate Compliance Principles#

The Corporate Compliance Policy at LeadLocate outlines our core principles of business conduct and reflects our dedication to doing what is right. We take pride in our integrity and professionalism. Every day, we are expected to use sound judgment, act ethically, and uphold the values stated in this policy. Our compliance framework is built around ten essential principles. We believe in fair competition in all markets. Our success is based on the quality of our products and services, and we fully support the laws that encourage open and competitive markets. We conduct all business dealings with integrity and do not tolerate corruption or bribery in any form, even if it means turning down certain business opportunities. We strive to balance economic growth with responsibility toward society and the environment. Our products are developed and produced in a way that is safe, sustainable, and meets the needs of our employees, customers, and communities. LeadLocate adheres to trade regulations that govern international business and supports efforts to prevent the misuse of technology and products for harmful purposes such as warfare or terrorism. We promote equal opportunity in securities trading by protecting confidential information and ensuring it is not disclosed or misused. Accurate record keeping is a priority at LeadLocate. We ensure that all business activities and financial transactions are fully and honestly recorded to present a clear picture of our operations and financial condition. We are committed to treating each other with fairness and respect. We aim to provide a work environment where everyone can perform, innovate, and grow. Intellectual property is valued and protected. We safeguard our research and development efforts, our brand reputation, and also respect the legitimate rights of others. All employees are expected to act in the best interest of LeadLocate. Personal interests must never interfere with our responsibilities to the company. Finally, we take the protection of personal data seriously. We comply with all privacy laws and are dedicated to securing personal, health, and financial information. These principles guide our daily actions and help us build a trustworthy and responsible business.

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