Terms of Service

Last updated: July 31, 2026

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SEE SECTION 25 (DISPUTE RESOLUTION) FOR DETAILS, INCLUDING HOW TO OPT OUT OF ARBITRATION.

1. Introduction; Acceptance of These Terms

You are visiting a website owned or operated by iLeads.com, LLC, a California limited liability company ("iLeads," "we," "us," or "our"). This Terms of Service agreement (the "Agreement") applies to any website, application, or online property operated by iLeads.com, LLC that displays or links to this Agreement (collectively, the "Websites"), and to the products, services, data, tools, and content offered through or in connection with the Websites (collectively, the "Service"), however accessed.

By accessing, browsing, or using the Websites or the Service, or by submitting information through them, you acknowledge that you have read, understood, and agree to be bound by this Agreement and by our Privacy Policy, which is incorporated into this Agreement by reference. If you do not agree to this Agreement, you may not access or use the Service.

2. Definitions

• "You" or "your" means the person or entity accessing or using the Websites or Service, and any person or entity on whose behalf that person is acting.
• "Consumer" means an individual using the Websites or Service for personal, family, or household purposes, including an individual who submits a Service Request.
• "Client" means a business — including a mortgage lender, bank, broker, insurance agency or carrier, or data-services customer — that purchases, licenses, receives, or evaluates data, leads, or related services from iLeads.
• "Provider" means a mortgage banker, broker, correspondent lender, bank, insurance agent, agency, insurer, or other business in iLeads' network that may receive Consumer information submitted through the Service.
• "Service Request" means a Consumer's submission of information through the Websites requesting to be connected or matched with Providers for a loan or insurance product or service.
• "Delivered Data" means any leads, records, data elements, appends, scores, verdicts, reports, or other data products that iLeads furnishes to a Client through or in connection with the Service.

3. Changes to This Agreement; Additional Terms

We may change or modify this Agreement or the Websites at any time in our sole discretion. Changes are effective when posted to the Websites, and each version will carry its "Last updated" date. You agree to review this Agreement when you use the Websites; your continued use of the Websites or Service after a change is posted constitutes your acceptance of the change. Changes to Section 25 (Dispute Resolution) are subject to the rejection right described in that section.

Certain services may be subject to additional terms, policies, or eligibility requirements that we make available in connection with them ("Additional Terms"). Additional Terms are incorporated into this Agreement by reference, and if they conflict with this Agreement, the Additional Terms control for that service. If you are a Client with a separate written agreement with iLeads (including a master services, data license, or order agreement), that separate agreement controls over this Agreement with respect to the services it covers, and this Agreement governs your use of the Websites and any matters the separate agreement does not address.

4. Privacy Policy

Our Privacy Policy, incorporated into this Agreement by reference, explains how we collect, use, disclose, and protect information in connection with the Service. By providing information through the Websites or Service, you agree that we may retain and share that information as described in the Privacy Policy and this Agreement.

You acknowledge that applicable law may require iLeads or Providers to retain certain information you provide, and that such information may not be able to be deleted or destroyed until required retention periods expire, or at all. You authorize iLeads and Providers to exchange information about you or your transactions where reasonably required to satisfy regulatory, reporting, audit, or record-retention obligations.

5. Electronic Communications

By using the Service or providing contact information to us, you consent to receive notices, disclosures, and other communications from us electronically — including by email or by posting on the Websites — and you agree that electronic communications satisfy any requirement that a communication be in writing.

Chat features. The Websites may offer a live chat feature for customer service and support. Chat sessions may be staffed by iLeads personnel or, if enabled in the future, assisted or automated by artificial-intelligence technology; if automated assistance is enabled, the chat interface will disclose it. Do not submit sensitive personal information — such as Social Security numbers, financial account details, or credentials — through chat. You agree that iLeads may retain and use chat transcripts for quality control, customer service, fraud prevention, and security. Information provided through any chat feature is general information only, may be inaccurate or incomplete, is not professional advice, and is subject to the disclaimers in Section 21 and the limitations in Section 22.

6. Eligibility; Accounts and Security

You certify that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for any use of the Service by minors for whom you are responsible; (iii) all information you submit to iLeads, online or otherwise, is true, accurate, current, and complete, and you have not knowingly submitted false information through the Service; and (iv) your use of the Service complies with all applicable federal, state, and local laws and regulations. If you use the Service on behalf of an entity, you represent that you are authorized to bind that entity to this Agreement.

If any portion of the Service requires credentials or an account, you agree to keep your credentials confidential, not to share or transfer your account, to employ reasonable safeguards against unauthorized access, and to notify us promptly if you believe your account is no longer secure. You are responsible for activity that occurs under your account.

To help detect and prevent fraud and identity theft and to comply with applicable law, iLeads may verify and record the identifying information you submit through the Service, and Providers may obtain, verify, and record information that identifies persons who use the Service, including name, address, telephone number, date of birth, and information from credit files. iLeads does not itself obtain information from credit files.

7. Who iLeads Is; Nature of the Service

iLeads is an independent information-gathering and data-intelligence firm. iLeads is not an insurance agency and is not a mortgage brokerage, and it is not qualified or registered to provide loan or insurance quotes to the public directly. iLeads does not make loans or credit decisions, does not issue loan commitments or rate-lock agreements, and does not sell insurance or bind coverage.

The material on the Websites — including any FAQs, guides, and educational content — is provided for informational purposes only. It is compiled from a range of industry sources; we believe it to be accurate but do not guarantee its accuracy. Any listing of companies or rates is not advertising and is not an offer. Nothing on the Websites or in the Service is an offer to buy or a contract for insurance or loan products.

Consumer information submitted through the Service is confidential and is transferred upon receipt by iLeads to Providers — mortgage bankers, brokers, correspondent lenders, and banks for loan-related requests, and insurance agents, agencies, and insurers for insurance-related requests.

8. Consumer Loan Requests

The Service includes lead-generation websites through which Consumers may submit Service Requests to be connected with Providers offering loan products in categories that can include home purchase loans, home equity loans, and home refinance loans.

If you submit a Service Request for a loan product, you understand and agree that iLeads will share your personal information — such as your full name, address, telephone number, and any other information you provide — with Providers in our network to fulfill and process your request. iLeads does not itself pull or obtain consumer credit information. You authorize Providers that receive your information to use it to obtain your credit score and credit report to process and fulfill your request.

You acknowledge and agree that: iLeads does not make loan or credit decisions; iLeads is not a party to any agreement between you and a Provider; each Provider is solely responsible for its services to you; iLeads is not your agent or broker and does not recommend any particular product or Provider; any compensation iLeads receives is paid by Providers; iLeads does not charge you a fee to use the Service; each Provider sets its own product requirements; iLeads does not endorse, warrant, or guarantee any Provider's products or services; nothing in this Agreement is a loan commitment or rate-lock; and iLeads is not liable for damages or costs arising from your use of a Provider's services. Neither iLeads nor any Provider guarantees that a Provider will respond to your request.

You understand that Providers may retain the information you submit whether or not you use their services. If you no longer wish to receive communications from a Provider, you agree to notify that Provider directly. You also give iLeads permission to send you periodic updates about loan products that may interest you.

9. Consumer Insurance Requests

The Service includes lead-generation websites through which Consumers may submit Service Requests to be connected with Providers offering insurance products in categories that can include life insurance, long term care insurance, disability insurance, health insurance, homeowners insurance, auto insurance, and annuities.

If you submit a Service Request for an insurance product, you understand and agree that iLeads will share your personal information — such as your full name, address, telephone number, and any other information you provide — with Providers in our network to fulfill and process your request, and you authorize iLeads, in its sole discretion, to use the information you provide to match your request with Providers.

You acknowledge and agree that: iLeads does not make, quote, or offer to contract for any insurance product; iLeads is not a party to any agreement between you and a Provider; each Provider is solely responsible for its services to you; iLeads is not your agent or broker and does not recommend any particular product or Provider; any compensation iLeads receives is paid by Providers; iLeads does not charge you a fee to use the Service; each Provider sets its own requirements; iLeads does not endorse, warrant, or guarantee any Provider's products or services; and iLeads is not liable for damages or costs arising from your use of a Provider's services. You understand that Providers may retain the information you submit whether or not you use their services; to stop communications from a Provider, notify that Provider directly. You give iLeads permission to send you periodic updates about insurance products that may interest you. Neither iLeads nor any Provider guarantees a response to your request.

10. Consent to Contact; Opt-Out

By submitting a Service Request, you consent to be contacted by one or more Providers by telephone, email, or mail using the information you provided, even if you have registered on the National Do Not Call List administered by the Federal Trade Commission, any state-equivalent Do Not Call list, or a company's internal Do Not Call list.

To stop communications from iLeads, email Inquiries@iLeads.com, call 1-877-245-3237, or contact us at the notices address in Section 30. To stop communications from a Provider, contact that Provider directly. You agree that iLeads is not responsible for a Provider's failure to follow your instructions to stop contacting you. If you submit a new Service Request, you may again receive communications and may need to renew your opt-out.

11. Business Clients; Data and Lead Services

This Section applies to Clients. iLeads' data and lead services are designed for business use and are not intended for personal, family, or household use.

(a) License. Subject to this Agreement and any separate written agreement between you and iLeads, iLeads grants you a limited, non-exclusive, non-transferable, revocable license to use Delivered Data solely for your own internal business purposes in connection with the services you purchased.

(b) Restrictions. Except as expressly authorized by iLeads in writing, you must not: (i) resell, re-license, redistribute, broker, or otherwise transfer Delivered Data to any third party; (ii) use Delivered Data to build, enhance, or verify any database, product, or service for the benefit of a third party; (iii) use Delivered Data, the Websites, or the Service to train any artificial-intelligence or machine-learning model, system, or algorithm, or to develop or modify any dataset for such purposes; (iv) retain Delivered Data beyond the period permitted by your agreement with iLeads; or (v) use Delivered Data for any unlawful purpose.

(c) Client compliance. You are solely responsible for your use of Delivered Data, including the manner, timing, and content of any contact you make with any consumer, and for your compliance with all laws, rules, and regulations applicable to your business and your marketing practices. iLeads does not provide legal or compliance advice, and delivery of data by iLeads is not a representation that any particular use of it is lawful.

(d) No performance guarantee. iLeads does not guarantee the accuracy, completeness, or currency of Delivered Data, which may be derived in whole or in part from public records and third-party sources, and does not guarantee that any lead, record, or data product will produce any particular contact rate, conversion, funding, sale, or other outcome.

(e) Verification. You agree that iLeads may use reasonable technical and audit measures to verify your compliance with this Section.

12. No Professional Advice

iLeads cannot and will not give legal, tax, financial-planning, insurance, investment, or other professional advice. Always consult a qualified licensed advisor regarding your personal or business situation.

13. Compensation Disclosure

iLeads is compensated by Providers for the products and services iLeads renders to them. Compensation from Providers may influence which Providers or offers are presented and how they are presented. The Service does not include all providers, products, or offers available in the marketplace. Your use of the Service constitutes your acknowledgment of these compensation arrangements.

14. Ownership; Intellectual Property

All contents of the Websites and the iLeads network are Copyright © 2000–2026 iLeads.com® LLC, 567 San Nicolas Drive, Ste. 180, Newport Beach, CA 92660, and/or its Providers and third-party vendors. All rights reserved.

The iLeads.com® trademarks and service marks and other iLeads logos and product and service names are trademarks of iLeads (the "iLeads Marks"). You agree not to display or use the iLeads Marks in any manner without iLeads' prior written permission. All other logos and brand names shown on the Service are the trademarks of their respective owners or licensors.

The Service and any software used in connection with it (the "Software") contain proprietary and confidential information protected by intellectual-property and other laws. All materials and content on the Websites or in the Service — including articles, artwork, screenshots, graphics, logos, text, drawings, data compilations, and files — are protected by copyright, trademark, service mark, patent, or other proprietary rights of iLeads or their respective owners. Except as expressly authorized by iLeads, you agree not to copy, reproduce, republish, upload, post, publicly display, encode, aggregate, index, transmit, distribute, sell, modify, or create derivative works from the Service or the Software, in whole or in part, or exploit any of them for any commercial purpose. You further agree to abide by any exclusionary protocols (such as robots.txt or similar access-control conventions) used in connection with the Websites or Service. Nothing in this Agreement grants you any license or right in any content of the Websites except as expressly stated, and iLeads reserves all rights not expressly granted.

15. Limited Software License

iLeads grants you a personal, non-transferable, non-exclusive right and license to use the code of its Software on a single computer, provided that you do not (and do not permit any third party to) copy, modify, create derivative works of, reverse engineer, decompile, reverse assemble, or otherwise attempt to discover any source code of the Software, or sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in it. You agree not to modify the Software or use modified versions of it, including to obtain unauthorized access to the Service, and to access the Service only through the interface iLeads provides.

16. Prohibited Conduct

You are solely responsible for your conduct in connection with the Service. You must not:

1. 1. submit, transmit, or facilitate the distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of privacy or publicity rights, or otherwise objectionable to a reasonable person;
2. 2. submit, transmit, promote, or distribute content that is illegal, or engage in or encourage conduct that would violate any applicable law or infringe any intellectual-property, privacy, publicity, or other right of iLeads or any third party;
3. 3. attempt to interfere with, compromise the integrity or security of, or decipher any transmissions to or from the servers running the Service;
4. 4. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
5. 5. upload invalid data, viruses, worms, or other software agents through the Service;
6. 6. use any robot, spider, scraper, crawler, or other automated means to access the Service for any purpose without our express written permission, or engage in screen scraping, database scraping, harvesting of email addresses or other personal information, phishing, indexing, aggregating, or data extraction on or through the Service;
7. 7. access or use the Websites, the Service, or any content or data available through them to train any artificial-intelligence or machine-learning platform, system, application, model, or algorithm, or in connection with any dataset development, feature extraction, or similar methodology, without iLeads' express prior written consent, which iLeads may withhold in its sole discretion;
8. 8. alter, delete, or conceal any copyright, trademark, or other notice on the Websites or Service, or modify, reverse engineer, decompile, or disassemble any part of them, or create derivative works from them, or encourage or assist any third party in doing so;
9. 9. impersonate any person or entity, misrepresent your affiliation with any person or entity, conduct fraud, or hide or attempt to hide your identity;
10. 10. submit, upload, post, email, or otherwise make available any content that you do not have the right to make available under law or under a contractual or fiduciary relationship;
11. 11. interfere with the proper working of the Service, or disrupt, impair, or alter the use or enjoyment of the Service by any other user; or
12. 12. bypass any measures we use to prevent or restrict access to the Service.

17. Claims of Copyright Infringement

If you believe that content on the Websites infringes your copyright, please send a written notice to iLeads.com, LLC, Attn: Legal Affairs, 567 San Nicolas Drive, Ste. 180, Newport Beach, CA 92660, or by email to Inquiries@iLeads.com, including: (i) a description of the copyrighted work you claim has been infringed; (ii) a description of where the allegedly infringing material is located; (iii) your contact information; (iv) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

18. Links to Third-Party Websites

The Websites may contain links to websites operated by third parties, and other websites may link to the Websites. Links are provided for your convenience and reference only. iLeads does not operate or control the information, software, products, or services available on third-party websites, and a link does not imply endorsement of the site, its content, or its operator. You acknowledge and agree that iLeads is not responsible for the availability of third-party websites and is not responsible or liable for any content, advertising, products, or other materials available from them, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on them. Your use of third-party websites may be subject to those parties' own terms and policies.

19. Dealings with Third Parties

Your correspondence and business dealings with any third party arising from your use of the Service — including dealings with mortgage brokers or lenders, insurance agents or carriers, and any terms, conditions, warranties, or representations associated with those dealings — are solely between you and that third party. You agree that iLeads is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as a result of the presence of any third party on the Service.

20. Disclosure of Information

You acknowledge, consent, and agree that iLeads may access, preserve, and disclose information we collect about you if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any information or content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of iLeads, its users, or the public.

21. Disclaimer of Warranties

ILEADS PROVIDES THE WEBSITES, THE SERVICE, AND ALL CONTENT AND DATA AVAILABLE THROUGH THEM "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ILEADS MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ILEADS DOES NOT WARRANT THAT THE SERVICE OR ANY DATA OR CONTENT AVAILABLE THROUGH IT WILL BE COMPLETE, ACCURATE, RELIABLE, OR SUITABLE FOR ANY PURPOSE, OR THAT ANY ERRORS OR DELAYS IN THE TRANSMISSION OR PROCESSING OF ANY SERVICE REQUEST OR DATA DELIVERY WILL NOT OCCUR. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE OR JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS IN THIS AGREEMENT DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ILEADS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, LOSS OF USE, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITES OR THE SERVICE, EVEN IF ILEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

ILEADS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITES, OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO ILEADS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH THE SERVICE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ILEADS WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN — EXCEPT WHERE A CLAIM PROCEEDS UNDER SECTION 25 — YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, SUCH AS CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN THOSE STATES AND JURISDICTIONS, ILEADS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE OR JURISDICTION. NOTHING IN THIS SECTION LIMITS RIGHTS YOU HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

23. Release

YOU HEREBY AGREE TO RELEASE, REMISE, AND FOREVER DISCHARGE ILEADS AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ILEADS AND ITS PARTICIPATING PROVIDER NETWORK SHALL NOT BE HELD LIABLE OR RESPONSIBLE SHOULD CONFIDENTIAL INFORMATION BELONGING TO YOU BE INTERCEPTED AND SUBSEQUENTLY USED BY AN UNINTENDED RECIPIENT.

24. Indemnification

You agree to defend (if requested by iLeads), indemnify, and hold harmless iLeads and its subsidiaries, affiliates, agents, shareholders, officers, directors, employees, contractors, vendors, licensors, representatives, predecessors, and successors-in-interest (the "iLeads Parties") from and against any and all claims, demands, losses, liabilities, expenses (including reasonable attorneys' fees and costs), and damages made by any third party arising out of or relating to: (1) your use of the Websites or the Service; (2) your violation or alleged violation of this Agreement; (3) your violation or alleged violation of any applicable law; (4) your infringement or alleged infringement of any intellectual-property or other right of any person or entity, including infringement by any user of the Service using your computer, account, or credentials; (5) if you are a Client, your use of Delivered Data, including any contact you make with any consumer; or (6) any dispute between you and a third party. iLeads reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in the defense of any such claim and not to settle any such matter without iLeads' prior written consent.

25. Dispute Resolution — Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT MOST DISPUTES BETWEEN YOU AND ILEADS BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS, SUBJECT TO THE EXCEPTIONS AND OPT-OUT RIGHT BELOW.

(a) Application to Providers. As used in this Section 25, "iLeads" also includes Providers that may contact you in connection with your use of the Service. You acknowledge and agree that Providers are intended third-party beneficiaries of this Section and may enforce it against you.

(b) Agreement to arbitrate. If a dispute cannot be resolved amicably, you and iLeads agree to resolve through final and binding individual arbitration any dispute, claim, or controversy arising out of or relating to: (i) this Agreement or any prior version of it, including its formation, breach, termination, enforcement, interpretation, validity, scope, or enforceability; (ii) the Websites or the Service, including any content, data, advertising, or communication connected with them; or (iii) any other aspect of your relationship or transactions with iLeads, including, as to Providers, any communication you receive from or on behalf of a Provider arising out of your use of the Service (each, a "Dispute"). Any dispute about the enforceability, applicability, or interpretation of this Agreement, including this Section, shall be decided by the arbitrator. This Section does not prevent you from raising a Dispute with any federal, state, or local government agency.

(c) Exceptions. The following are not subject to arbitration and may be adjudicated only in the Superior Court of California, County of Orange, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of iLeads' proprietary rights, including trademarks, service marks, copyrights, and trade secrets; and (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachment or possession. In addition, either party may bring an individual claim in small claims court so long as the claim qualifies and remains in that court on an individual basis.

(d) Informal dispute resolution first. Before initiating arbitration, the party raising a Dispute must send the other party a written notice describing the Dispute, including the initiating party's name and contact information, sufficient information to identify any transaction at issue, the nature and basis of the Dispute, and the relief sought. Notices to iLeads must be sent to iLeads.com, LLC, Attn: Legal Affairs, 567 San Nicolas Drive, Ste. 180, Newport Beach, CA 92660. Notices to you will be sent to the contact information you provided. For sixty (60) days after receipt of a complete notice (extendable by agreement), the parties will use reasonable, good-faith efforts to resolve the Dispute, including, on request, through an individualized telephone conference in which the parties personally participate (with counsel, if represented). Completing this process is a condition precedent to starting arbitration; an arbitration demand filed before it is completed shall be dismissed, and applicable limitations periods are tolled while it runs.

(e) Arbitration procedure. Arbitration shall be conducted before a single arbitrator of the American Arbitration Association ("AAA"), or its successor, in Orange, California, in accordance with the AAA's commercial arbitration rules and procedures in effect at the time the demand is submitted, as modified by this Agreement. Either party may commence arbitration, after completing the informal process above, by submitting a written demand to the AAA and providing a copy to the other party. This arbitration provision is governed by federal arbitration law. The arbitrator shall issue a reasoned written award, and judgment on the award may be entered in the Superior Court of California, County of Orange, or the United States District Court for the Central District of California.

(f) Fees. The costs of arbitration plus reasonable attorneys' fees — including fees for the value of services provided by in-house counsel — shall be awarded to the prevailing party in the arbitration.

(g) Mass arbitration. If twenty-five (25) or more similar arbitration demands are asserted against iLeads by the same counsel or counsel acting in coordination, the parties agree that the AAA's applicable procedures for multiple or coordinated filings shall apply, that demands may be batched and administered in stages before a single arbitrator per batch, that awards in one batch have no precedential effect on other batches, that counsel for the parties shall meet and confer in good faith to streamline the proceedings, and that applicable limitations periods are tolled for demands awaiting administration. A court of competent jurisdiction may enforce this subsection, including by enjoining the mass filing or administration of arbitrations or the assessment of fees inconsistent with it.

(h) Class action waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ILEADS EACH WAIVE THE RIGHT TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE ACTION, OR TO PARTICIPATE IN ANY SUCH ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S CLAIM, AND MAY NOT VARY THIS WAIVER. THIS WAIVER DOES NOT PREVENT EITHER PARTY FROM PARTICIPATING IN A CLASS-WIDE SETTLEMENT OF CLAIMS.

(i) Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ILEADS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

(j) Opt-out. You may reject this arbitration agreement within thirty (30) days of first accepting this Agreement by sending written notice of your intent to opt out — including your name and contact information — to iLeads.com, LLC, Attn: Legal Affairs, 567 San Nicolas Drive, Ste. 180, Newport Beach, CA 92660, or by email to Inquiries@iLeads.com. Opting out of arbitration does not affect any other part of this Agreement, including the governing-law and venue provisions. If iLeads changes this Section 25 after you accept this Agreement, you may reject the change by written notice to the same address within thirty (30) days of the change's effective date; rejecting a change does not revoke your prior agreement to arbitrate.

(k) Severance and survival. If any portion of this Section 25 is found void, unenforceable, or unlawful, that portion shall be severed and the remainder shall remain in force, except that if the class action waiver in subsection (h) is found unenforceable as to a particular claim or request for relief after all appeals are exhausted, that claim or request (and only it) may proceed in the courts identified in subsection (c), stayed pending arbitration of all remaining claims. This Section 25 survives termination of this Agreement and of your use of the Service.

(l) Place of contracting. THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT ILEADS' PLACE OF BUSINESS IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA.

26. Governing Law; Venue

This Agreement is governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict-of-laws principles, except that the arbitration provisions of Section 25 are governed as stated in that Section. For any Dispute not subject to arbitration under Section 25, you consent to the exclusive personal jurisdiction of, and venue in, the Superior Court of California, County of Orange, and the United States District Court for the Central District of California, and you waive any objection to that venue.

27. Time Limit on Claims

YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.

28. Termination

You agree that iLeads may, under certain circumstances and without prior notice, immediately terminate or suspend your access to the Service. Cause for termination includes, but is not limited to: (i) breaches or violations of this Agreement, any incorporated agreement or policy, or the Privacy Policy; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification of the Service or any part of it; and (iv) unexpected technical or security issues. You agree that all terminations for cause are made in iLeads' sole discretion and that iLeads shall not be liable to you or any third party for any termination of access to the Service.

29. Modification or Discontinuance of the Service

iLeads reserves the right at any time, and from time to time, to modify or discontinue the Service (or any part of it), temporarily or permanently, with or without notice. You agree that iLeads shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

30. Notices

iLeads may provide you with notices — including notices of changes to this Agreement — by email, regular mail, or postings on the Websites. All notices to iLeads must be made in writing and mailed to:

iLeads.com, LLC

Attn: Legal Affairs

567 San Nicolas Drive, Ste. 180

Newport Beach, CA 92660

Notices may also be sent by email to Inquiries@iLeads.com.

31. Waiver; Severability

iLeads' failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of that right or provision and does not limit iLeads' rights with respect to that breach or any later breach. No waiver by iLeads is effective unless made in writing and signed by an authorized officer of iLeads. If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, that provision shall be given effect to the greatest extent possible consistent with the parties' intent, and the remaining provisions of this Agreement remain in full force and effect.

32. Entire Agreement

This Agreement — together with the Privacy Policy, any Additional Terms, and all other policies and terms incorporated by reference — constitutes the entire agreement between you and iLeads with respect to the Websites and the Service, and supersedes all prior or contemporaneous communications, promises, and proposals, whether oral, written, or electronic, between you and iLeads on that subject; provided that, for Clients, any separate written agreement with iLeads controls as described in Section 3. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.

33. Survival

Sections 11 (Business Clients; Data and Lead Services), 14 (Ownership; Intellectual Property), 15 (Limited Software License), 21 (Disclaimer of Warranties), 22 (Limitation of Liability), 23 (Release), 24 (Indemnification), 25 (Dispute Resolution), 26 (Governing Law; Venue), and 27 (Time Limit on Claims) survive any termination of this Agreement or your discontinuance of the Service.

34. Contact

Questions about this Agreement may be directed to iLeads.com, LLC, Attn: Legal Affairs, 567 San Nicolas Drive, Ste. 180, Newport Beach, CA 92660, by email to Inquiries@iLeads.com, or by phone at 1-877-245-3237.

Back to the section index ↑