Permit Lead Feed Subscription Agreement General Terms
Version 2026-10-25-F · October 25, 2026 · America/Phoenix
Beowulf Ventures LLC, doing business as Permit Lead Feed, 6243 E Cortez Dr, Scottsdale, AZ 85254. These are the full General Terms for subscriptions accepted with a completed Order Form. This page is retainable; it does not contain a completed customer order, activate service, authorize a payment, or replace a previously accepted contract. Separately presented and accepted sample-use terms govern a historical sample.
1 Definitions and order of precedence
“Service” means Provider's permit research, organization, delivery, and related access described in the Order Form. “Service Information” includes permit selections, alerts, contact details if supplied, reports, annotations, exports, screenshots, summaries, and derived prospecting lists obtained through it. “Authorized Users” are approved owners and employees of the Approved Company. “Market” means the issuing jurisdiction, initially the City of Phoenix, irrespective of Subscriber's office city or chosen ZIP filters. “Term” means the initial or renewal term. “Business day” excludes Saturdays, Sundays, and Arizona state holidays; other days are calendar days. Service references to leads describe public permit opportunities and inferred trade relevance, not verified homeowner requests or guaranteed available jobs.
A mutually signed amendment controls over the Order Form, which controls over these General Terms, only for the sections it expressly changes. Schedule A controls only its expressly covered damages. The published offer for the selected billing frequency in effect when Subscriber orders is incorporated into that order, including the monthly first-payment guarantee or annual renewal-refund right as applicable; generic disclaimers, a no-refund statement, or a later webpage cannot withdraw an accepted promise. A negotiated departure must identify it clearly before acceptance and comply with law. Purchase-order legends and unilateral documents do not change this Agreement. Each Order Form is a separate subscription unless stated otherwise; separate orders or email addresses do not bypass the business-level cap or guarantee return restriction.
2 Formation activation and delivery
This Agreement becomes binding when Provider and Subscriber expressly accept a completed Order Form and these General Terms, including through a recorded online acceptance and Provider confirmation. A sample, application, contact request, marketing opt-in, account registration without terms acceptance, or payment alone does not create a subscription or reserve a premium place. Provider must confirm the selected trade, market, service readiness, capacity where needed, and activation. Fees and the service term begin on activation and notice, on or after the agreed start date. Provider will refund any payment for a declined order or unprovided service; if activation is over 10 days late without Subscriber fault, Subscriber may cancel before activation for a full refund. Earlier collection cannot postpone the first-payment guarantee clock. Free enrollment requires terms acceptance but no payment authorization. A requester who expressly accepts the separately presented sample-use terms receives a limited license to evaluate the identified historical sample internally for the named business and trade. Those accepted sample terms prohibit resale, publication, forwarding to outside businesses, outside account access, and unlawful outreach, preserve independently obtained public facts, and do not create a subscription or payment authorization. An application acknowledgment does not accept an Order Form whose price, coverage, dates, and service details have not yet been completed and presented.
Provider will use commercially reasonable efforts to supply the described Service and delivery schedule, including Section 7. Unless expressly stated in the Order Form, there is no minimum lead count, response rate, uptime percentage, support response time, or custom development obligation. Provider may reasonably update features and sources but may not materially reduce purchased coverage, delivery cadence, age protections, or the combined premium capacity limit during a committed term without consent or the termination and refund protections in Section 13. Source delays do not authorize distribution to a lower tier before its eligibility threshold.
3 License ownership and permitted use
During an active subscription, whether paid or free, Provider grants Subscriber a limited, nonexclusive, nontransferable, nonsublicensable right to access the Service and use Service Information solely to pursue business for the Approved Company in the Approved Trade and Service Area. Subscriber buys the selected access tier, timing, and coverage, with no exclusive lead, customer, trade, or territory rights. Section 7 governs the distribution schedule and premium cap. Subscriber may make reasonable internal copies and use expressly permitted exports in a private company CRM accessible only to Authorized Users. All other rights are reserved.
Provider and its licensors retain their rights in the platform, software, branding, original annotations, and protectable selection and arrangement of materials. Provider does not claim ownership of government records or underlying public facts. Restrictions here concern access to the Service and use of materials obtained through it. Subscriber may use information it can demonstrate was independently and lawfully obtained without using Service Information. Reobtaining public records does not excuse an earlier breach or the redistribution of a Service-derived list.
4 Term cancellation and automatic renewal
4.1 Monthly subscriptions. A paid monthly plan renews for successive one-month periods unless Subscriber cancels renewal before the next renewal is processed. No advance-notice period, cancellation fee, or new month of fees applies solely because Subscriber cancels. A cancellation submitted before renewal stops that renewal even if Provider processes it later; any resulting erroneous charge will be refunded. Ordinary cancellation ends access at the end of the already-paid period and does not prorate that period, subject to Section 4.6, express service-failure refunds, and mandatory law. If notice arrives after a valid renewal, it stops the following renewal without limiting any independently available refund rights. Access and premium capacity continue through the paid period unless the guarantee or another termination provision ends them earlier.
4.2 Annual prepaid subscriptions. Annual prepaid subscriptions cost $990 USD for Premium Daily, $1,990 USD for Premium Hourly, or $200 USD for Delayed Daily, per approved business and trade in the City of Phoenix market. The full amount is charged in advance for 12 months and automatically renews for successive 12-month terms until canceled. The initial annual payment is non-refundable and excluded from the monthly first-payment guarantee. Subscriber may cancel and request a full refund of an annual renewal charge within 30 days after that renewal by emailing info@permitleadfeed.com; no lead-closing condition or proof is required. The request is timely if received no later than the instant 30 elapsed 24-hour days after the successful renewal payment; the confirmation states that deadline in America/Phoenix. Provider will initiate the full refund within 10 business days after receiving a timely request. The refund covers that renewal charge only, including associated taxes without fee deductions; access ends and any premium place is released when the refund is processed. After that window, ordinary cancellation stops the next renewal and retains access through the paid term, with no annual or prorated refund. Annual renewal refunds do not impose the monthly guarantee three-calendar-month return restriction. Mandatory rights, billing-error correction, and express Provider-breach or service-discontinuation remedies remain available. Provider will send an annual renewal reminder 31 days before renewal, stating the renewal date, amount, term, and cancellation and renewal-refund methods, using the enrollment channel where reasonably available and any additional method or timing required by law. Failure to give notice does not reduce any mandatory cancellation or refund right. A different negotiated fixed term exists only under a separately priced and expressly accepted Order Form. Its fees, installments, renewal term and nonrenewal deadline must be stated; no installment schedule converts a committed term into monthly cancellation. Section 4.3 applies only to those separately negotiated terms, not the public annual prepaid offer.
4.3 Separately negotiated term reminders. For separately negotiated terms other than the public annual prepaid offer, either party may prevent renewal by notice received at least 30 days before term-end. Provider will send a renewal reminder 45 days before each fixed-term renewal, stating the renewal date, term, fees, notice deadline, and cancellation methods, and will send any additional or differently timed notice required by law. Subscriber may submit a nonrenewal notice at any time before the deadline, including immediately after signup. If Provider misses a required reminder, Subscriber may prevent renewal until the later of the original deadline and 15 days after a compliant reminder is delivered, or longer if law requires. If renewal has already occurred before that extended deadline, timely notice unwinds that renewal; Subscriber owes only prorated service fees through the notice date, and Provider refunds the remainder. For terms too short to accommodate these intervals, Provider must obtain express agreement to renewal instead of relying on automatic renewal.
4.4 How to give notice. Use My account > Subscription at https://permitleadfeed.com/account/subscription or email info@permitleadfeed.com, and any enrollment-equivalent or other method applicable law requires. A clear request from an authorized account contact suffices. No provider approval or retention step is required. Notice is effective when received or successfully submitted, regardless of processing or acknowledgment. Provider will acknowledge it and state the effective date within two business days. A missing acknowledgment does not invalidate notice. If a portal fails, email remains available. Canceling renewal alone does not request the guarantee refund; a clear request for cancellation and money back is sufficient under Section 4.6. Stopping promotional email or pausing feed emails alone does not cancel billing, but a clear request to end the subscription must be honored as cancellation. For annual renewal refunds, a request for cancellation and refund received within 30 days after the renewal charge is sufficient under Section 4.2; cancellation alone stops future renewal but does not request a refund.
4.5 Changes in price or renewal terms. Committed fees remain fixed during the current term, except approved add-ons and legally required taxes. Provider must notify Subscriber at least 60 days before a fixed-term renewal of any proposed fee increase or material contractual change, or at least 30 days before a monthly increase. A change becomes effective only prospectively, after a meaningful opportunity to decline it and stop renewal. Material changes to commitment length, renewal consent, dispute resolution, or cancellation rights require affirmative agreement. No website posting alone changes a signed commitment. If adequate notice or required consent is missing, the prior terms govern any valid renewal. No automatic conversion of a monthly plan into a fixed-term plan is permitted.
4.6 First-payment guarantee and return restriction. If Subscriber has not closed a lead from its permit feed, it may cancel and request a full refund of its first monthly payment within 30 days of that payment. The guarantee covers monthly Premium Daily, Premium Hourly, and Delayed Daily only; annual prepaid payments are excluded and annual renewal refunds follow Section 4.2. Email info@permitleadfeed.com asking for both cancellation and refund; no proof of unsuccessful outreach, questionnaire, minimum usage, or exact wording is required. Provider must prominently show the first payment date and guarantee deadline in the order confirmation. A request received by 11:59 p.m. America/Phoenix on the date 30 calendar days after the first successful payment is timely. Upgrades, downgrades, added accounts, or replacement billing references do not restart the first-payment window for the same business. This is a refund of the first monthly payment, not a promise to refund every later upgrade or renewal charge; unauthorized, erroneous, and otherwise refundable charges remain refundable under their own rules.
A valid guarantee cancellation ends access when the request is received, stops further renewals, and releases the premium spot. Provider will initiate a full refund of the first monthly payment and associated taxes within 10 business days, using the original payment method where practicable without deducting processing or cancellation fees. Provider cannot delay cancellation or start the return restriction later merely by processing the request later. The same legal business cannot sign up again for any plan for three calendar months from the effective cancellation date; use the corresponding date three months later, or that month's last day if no corresponding date exists. A different email or representative cannot bypass this restriction. No place is reserved, and all 20 premium places may be occupied when it returns. Ordinary cancellation, billing-error refunds, mandatory refunds, and Provider-breach refunds do not trigger this restriction unless Subscriber actually elects this guarantee. Refunds already paid for the same charge are credited to avoid duplicate recovery. Other statutory and express contractual remedies remain available.
5 Fees payment authorization taxes and disputes
For a paid subscription, Subscriber shall pay the fees and payment schedule in the Order Form in the stated currency. Monthly fees are payable in advance. Fixed-term fees are payable upfront unless the Order Form expressly permits installments; installments do not convert an annual or other fixed commitment into a monthly plan. No trial, discount, setup fee, or usage charge applies unless expressly disclosed and accepted. Additional trades, territories, users, or services require a written order or amendment.
By separately accepting the recurring-payment disclosure, Subscriber authorizes Provider and its payment processor to charge the designated method for disclosed subscription fees, valid renewals, approved add-ons, and applicable taxes when due. Provider will send receipts and any legally required advance notices. This authorization does not permit unilateral collection of disputed breach damages, Schedule A damages, or accelerated future fees. Bank debits require any separate authorization the payment method or law requires. Subscriber must maintain accurate billing details; declining a charge, deleting a card, or revoking payment authorization does not by itself cancel the contract or erase a lawful debt. Provider will honor legally effective revocations and use lawful invoicing or collection methods for remaining obligations.
Subscriber is responsible for applicable transaction taxes, excluding taxes on Provider's income, payroll, or property. Provider may charge interest on undisputed overdue amounts at the lesser of 1% per month, calculated without compounding, or the lawful maximum, beginning 10 days after written delinquency notice. Reasonable collection costs may be recovered only as permitted by law and Section 18. No undisclosed late, cancellation, or failed-payment fee applies.
Subscriber should report invoice errors within 30 days and cooperate reasonably; undisputed sums remain due. This reporting period does not waive nonwaivable rights or claims for concealed errors or unauthorized charges. Good-faith card or banking disputes remain permitted. Fees are nonrefundable except for Section 4.2 annual renewal refunds, the Section 4.6 monthly guarantee, billing-error correction, express service-failure or discontinuation refunds, any agreed credit, or mandatory law. The guarantee and express refunds are not reduced by the liability cap or disclaimers.
6 Company only use no resale or sharing
Subscriber shall not directly or indirectly sell, rent, license, trade, donate, forward, publish, distribute, or otherwise make Service Information available to another business or outside person, whether for money, referrals, reciprocal favors, or no compensation. Subscriber shall not provide lead-generation benefits to affiliates, sister companies, friends, relatives, other contractors, or other trades unless Provider has expressly approved them in a written order. For example, a roofing subscriber may pursue its own roofing work but may not pass a Service-derived address or opportunity to a landscaper for landscaping prospecting.
Subscriber shall not share credentials with outside persons, operate a pooled subscription, provide outside access through an inbox or CRM, sublicense the account, operate a referral or lead-brokerage service, build or supply a competing lead database, or cause another person to do what Subscriber is prohibited from doing. Rewording, memorizing, summarizing, or stripping branding from information does not avoid these restrictions. Bulk extraction, automated scraping, access-control bypass, harmful code, interference with the platform, and reverse engineering except to the extent applicable law makes a restriction unenforceable are prohibited. Publicly accessible displays and AI or third-party tools that retain or expose Service Information for independent use are not permitted.
Authorized Users must use individual credentials where supported and act solely for Subscriber. Subscriber is responsible for their compliance and must promptly remove access when a user leaves or no longer needs it. Outside sales agents, marketing agencies, subcontractors, and integrations require Provider's written approval before accessing lead information. Approved processors may act only for Subscriber, must be bound by equivalent restrictions, and receive no independent marketing or resale rights. Subscriber remains responsible for their conduct.
After Subscriber secures a customer engagement in the Approved Trade, it may disclose the minimum project information reasonably needed for a subcontractor to perform that engagement, subject to confidentiality and no independent marketing use. This exception does not permit access to the Service, prospecting lists, or referrals for unrelated work. Subscriber may discuss the prospective project with the prospect itself in pursuing permitted work. It may make legally compelled disclosures under Section 9. Customer requests for outside referrals do not authorize distribution of Service materials; Provider's prior written approval is required for a referral using Service-derived information.
7 Access tiers and staged distribution
7.1 Nonexclusive service. Every plan is nonexclusive. Multiple businesses in the same trade may receive the same permit, and one permit can match several trades. The 20-business premium limit is per Approved Trade per Market, shared across both premium plans and all ZIP filters within that Market. It is not 20 per plan or ZIP and does not grant ownership of a lead, customer, territory, or public record. Phoenix is the only current market; contractors based elsewhere in the Valley may subscribe if they serve Phoenix. Independent public records and competing services remain outside Provider's control.
7.2 Premium delivery. Premium Daily ($99/month at the current public rate) provides a daily digest and same-day access to newly available matching records after processing. Premium Hourly ($199/month) checks and sends on the hour, every hour, 24 hours a day, including weekends and holidays, only when new matching records exist. Both share premium-group access to permits under 14 days old. Provider cannot deliver a record before the city publishes usable data; issuance and publication may differ. Premium describes the access tier, not a guarantee that every newly published permit was issued that day or is under 14 days old. Hourly may receive a record before Daily. Provider skips empty emails. Daily run and weekly batch times and available access channels are stated before activation; no additional end-of-day email cycle is implied. Source and transmission delays may affect receipt; Provider remains responsible for performing the purchased processing cadence and the express remedies in Sections 11 and 13.
7.3 Shared premium capacity. No more than 20 distinct businesses per Approved Trade per Market may hold active Premium Daily or Premium Hourly access combined. One legal business counts once in that trade and market regardless of users or a Daily-to-Hourly upgrade; an independently subscribing affiliate counts separately. Pending checkout reservations must prevent overselling and expire if unused; a waitlist or application without access reserves no permanent place. Paid-period access after ordinary cancellation and temporary suspension still occupy capacity until access ends. Guarantee cancellation releases the place immediately. Trials, promotions, relabeled equivalent trades, or intermediaries may not bypass the limit. Provider may refill a vacated place, with no perpetual ownership or guaranteed reinstatement. A public availability meter reports active paid memberships, not an entitlement or reservation, and may be cached; available capacity must be verified at approval and activation. No cap increase applies to an accepted order without affirmative agreement.
7.3a Premium waitlist eligibility. To join and remain on the premium waitlist, the same business must maintain an active, paid Delayed Daily subscription at $20/month or $200/year prepaid for the same trade and market. Free Weekly and unpaid plan requests do not qualify. When a premium place opens, Provider checks current subscription status; an inactive Delayed Daily subscriber is skipped and the next eligible business is considered. A waitlist entry does not reserve or guarantee premium access. Ordinary cancellation of renewal preserves eligibility through the verified paid period; an expired paid period does not qualify. Selection requires separate approval, acceptance of any upgrade price and billing change, and confirmation of activation; it does not itself authorize a premium charge.
7.4 Delayed and free plans. Delayed Daily ($20/month at the current public rate) delivers matching permits at least 14 elapsed days old each day, including records aged 30 days or more when included in the agreed lookback; there is no automatic day-30 cutoff. Free Weekly ($0) delivers matching permits at least 30 elapsed days old in the next weekly batch. Both have unlimited subscriber numbers and need no premium place. Provider shall not give lower-tier feeds, previews, samples, APIs, or outside distribution channels access to a covered permit before the applicable age threshold. Permits under 14 days are reserved within this service for the shared premium group. This does not restrict government publication or independent acquisition.
7.5 City issue-date clock. Age starts at the city's reliable permit issue timestamp. A date-only issue field is interpreted as 00:00 on that Phoenix calendar date in America/Phoenix; a genuine timestamp is converted to that time zone without altering the instant. Each elapsed day is 24 hours. Delayed Daily eligibility begins at exactly issue time plus 14 days; Free Weekly eligibility begins at plus 30 days. Signup, first ingestion, late publication, reimports, corrections, and plan switches do not restart this clock. Provider retains issue and first-seen timestamps and provenance, labels material source corrections, and does not relabel old records as fresh. An issue date that is missing, unreliable, or in the future must be verified or the record withheld from age-qualified distribution; first ingestion is not silently substituted. A genuinely separate new permit may have its own issue date.
7.6 Scheduling and history. Eligibility is the earliest permitted release, not a guarantee of a message at the threshold instant. Delayed Daily distributes eligible new matches on the daily schedule; Free Weekly includes them in the next weekly batch, so they may arrive older than 30 days. No minimum volume, complete city coverage, homeowner contact details, or backlog is promised. The agreed lookback, history, filters, and exports must be stated in the Order Form and be sufficient to perform the chosen plan. A record need not be resent solely because it ages or the plan changes. Previously lawfully delivered records remain usable under the restricted license during active service. All dashboards, detail pages, emails, exports, APIs, samples, and plan switches must apply the same age and plan rights. The historical ten-permit sample is separate from an ongoing Free Weekly subscription and requires no card.
7.7 Free access and changes. Free Weekly costs $0, needs no card, may be stopped at any time, and never converts automatically to paid service. Provider may change or end it on reasonable notice, or promptly for lawful security or misuse reasons. Company-only, trade-only, no-sharing and lawful-outreach duties apply to accepted free subscriptions. Plan changes require acceptance of price, effective date, proration, and any commitment before charging. An existing premium business upgrading Daily to Hourly keeps its place and does not consume a second one; a new premium entrant needs available capacity. Permit age and the first-payment guarantee window do not restart. Avoid duplicate subscriptions or overlapping charges; any incremental upgrade price must be stated. A downgrade does not silently release a separately agreed fixed commitment. Paid cancellation does not silently enroll the business in free service. Section 4.6's return restriction applies to guarantee cancellations.
8 Subscriber compliance and contractor relationship
Subscriber represents that it is a business acquiring the Service for business purposes, its representative is authorized to bind it, and all account information is accurate. Subscriber must maintain required licenses, insurance, permits, and qualifications and notify Provider if it loses authority to perform the Approved Trade. Subscriber is independently responsible for its advertisements, estimates, contracts, workmanship, warranties, job-site safety, subcontractors, employees, and customer disputes. Provider is not the contractor, a customer's agent, a government agency, or a guarantor of Subscriber's work.
A permit record or lead is not a request for contact, permission to enter property, proof of customer interest, consent to calls or texts, or an established business relationship. Subscriber must independently determine the legality of each outreach method, obtain required consent, screen applicable do-not-call lists, honor opt-outs, maintain necessary records, and comply with applicable calling, texting, email, privacy, consumer-protection, fair-marketing, and licensing laws. Subscriber shall not imply government affiliation, misrepresent its relationship with Provider or a prospect, harass prospects, use prohibited sensitive information, or discriminate unlawfully. Provider does not conduct outreach on Subscriber's behalf unless separately contracted.
Provider is responsible for reviewing and complying with commercial-purpose declarations, charges, distribution permissions, and other source conditions applicable to its acquisition and onward provision of public records, including A.R.S. 39-121.03 where applicable. Subscriber remains responsible for requirements applicable to its own use. No provision represents that public API access alone authorizes paid redistribution or shifts liability for Provider's own unlawful sourcing to Subscriber. If lawful sourcing or distribution becomes unavailable, Provider must withhold affected records and apply Section 13's service-loss and refund protections.
9 Confidentiality privacy and data security
Each party shall protect the other's nonpublic business, technical, security, pricing-negotiation, and customer information disclosed in connection with this Agreement, use it only for the Agreement, and disclose it only to personnel or professional advisers who need it and are subject to confidentiality duties. The receiving party will use reasonable care, at least the care it uses for comparable information of its own. These duties do not cover information independently developed, lawfully known without restriction, lawfully obtained from another source, or publicly available without breach. Underlying public facts are not made confidential merely by appearing in the Service, but the contractual use and redistribution restrictions remain applicable to Service-derived materials.
If law compels disclosure, the receiving party may disclose only what is required and, when legally permitted, give advance notice and reasonable cooperation for protective measures at the requesting party's expense. Ordinary confidentiality duties last three years after termination; qualifying trade secrets remain protected while legally entitled to protection. The no-resale and no-outside-use duties for retained Service Information survive termination without restricting independently obtained information under Section 3.
Provider may process business contact details, billing references, user identifiers, account activity, support communications, and Service interactions to deliver and secure the Service, investigate misuse, process payments, comply with law, and enforce this Agreement. Provider may use vendors for those purposes under appropriate confidentiality and security obligations, and may use aggregated or deidentified statistics that do not reasonably identify Subscriber, users, or prospects. Provider will not sell Subscriber's nonpublic account credentials, payment details, or uploaded customer lists. Subscriber retains rights in its uploaded materials and grants Provider only the rights needed to perform these functions. No public testimonial, logo use, or marketing endorsement is authorized without separate consent.
Each party shall use reasonable administrative, technical, and physical safeguards appropriate to the information it handles. Provider will use reasonable access controls, encrypted transmission where supported, and restricted vendor access. Subscriber shall secure its devices, credentials, CRM, and exports, use available multifactor authentication, and promptly report suspected compromise. Provider will notify Subscriber without undue delay after confirming unauthorized access to Subscriber's nonpublic account data, subject to legal requirements and legitimate investigation needs. The parties will reasonably cooperate to contain incidents. Neither party is excused from its own statutory privacy or breach-notification duties. No system can be guaranteed completely secure.
Provider will retain personal information only as reasonably necessary for service, security, tax, dispute, and legal purposes and will respond to applicable privacy requests. Backups may age out through secure retention cycles and remain restricted from ordinary use. If the actual processing relationship requires a data-processing agreement or other mandatory privacy terms, the parties shall execute them before that processing begins. Any separate privacy notice describes practices and cannot silently expand Provider's contractual rights.
10 Monitoring evidence and cooperation
Consistent with law and disclosed privacy practices, Provider may review Service access logs, login and delivery records, account-linked exports, recipient-specific identifiers, and relevant complaints to investigate suspected misuse. Provider may request an explanation and records reasonably limited to the suspected violation, including Authorized User lists and disposition of identified exports. Subscriber shall reasonably cooperate within five business days or an agreed reasonable extension. This is not permission to inspect unrelated customer files, personal devices, or bank records, or to access Subscriber's systems without consent.
Unusual usage, shared networks, or a complaint alone does not conclusively establish breach or damages. Provider must support a claimed violation with evidence. Subscriber shall preserve reasonably identified relevant records after a documented dispute notice, subject to law and without disclosing privileged materials. Subscriber must promptly stop confirmed misuse, revoke unauthorized access, identify known recipients, and use reasonable efforts to secure return or deletion of improperly disclosed materials. These steps do not erase an established breach but may reduce resulting loss.
11 Warranties and disclaimers
Each party warrants it has authority to enter this Agreement. Provider warrants it will perform the Service with reasonable care and substantially in accordance with the express Order Form description. Subscriber must report a material nonconformity with reasonable detail; Provider will use reasonable efforts to correct it. If Provider fails to cure under Section 13, Subscriber may terminate the affected service and receive the specified refund. This limited performance warranty does not create a guarantee of results or the accuracy of third-party records.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, THE SERVICE AND THIRD-PARTY INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROVIDER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. PROVIDER DOES NOT WARRANT THAT EVERY RECORD IS COMPLETE, CURRENT, UNIQUE, CORRECTLY CLASSIFIED, OR AVAILABLE; THAT EVERY CONTACT IS THE OWNER OR DECISION-MAKER; OR THAT A PERMIT REPRESENTS UNAWARDED OR PROFITABLE WORK. RECORDS MAY BE DELAYED, DUPLICATED, AMENDED, WITHDRAWN, OR INCORRECT. SUBSCRIBER MUST VERIFY MATERIAL FACTS BEFORE RELYING ON THEM. NO REVENUE, RETURN ON INVESTMENT, LEAD RESPONSE, OR CONVERSION RESULT IS PROMISED; THE SECTION 4.6 MONEY-BACK GUARANTEE REMAINS FULLY AVAILABLE ON ITS TERMS. NOTHING DISCLAIMS THE EXPRESS TIER DISTRIBUTION, CAPACITY, OR DELIVERY OBLIGATIONS OR LIABILITY THAT CANNOT LAWFULLY BE DISCLAIMED.
12 Suspension and termination for cause
Provider may immediately suspend access to the extent reasonably necessary to address a credible security threat, unlawful use, or specific documented evidence of unauthorized access or redistribution. Provider shall give prompt notice describing the basis, unless prohibited by law or a short delay is reasonably needed to preserve evidence or stop active misuse, and allow a reasonable response. Mere suspicion is not a determination of monetary liability. Provider will limit the scope and duration of suspension and restore access promptly if the basis is resolved or unsubstantiated.
For undisputed nonpayment, Provider may suspend after 10 days' written notice and terminate if unpaid for a further 10 days. For other material breaches, either party may terminate by notice if the breach remains uncured 15 days after written notice describing it. Provider may terminate immediately on written notice for an established intentional resale, knowing outside-business access, deliberate prohibited redistribution, fraud, or a material breach incapable of cure. A repeated substantially similar material breach after an earlier cure notice may be terminated without a new cure period. Any termination remains subject to applicable law.
Fees continue during a suspension reasonably caused by Subscriber's established breach while Provider remains ready to restore the contracted service on compliance. No fees accrue for an unjustified suspension attributable to Provider; prepaid fees for that period will be credited or refunded. Suspension does not extend the term or cancellation deadline unless agreed in writing. If Provider terminates for Subscriber's breach, accrued amounts remain due, and any claim for future fees must be pursued as lawful net damages accounting for costs avoided, mitigation, reassignment, and amounts already paid. Provider may not both resell the same capacity and recover duplicative compensation for the same loss.
13 Provider changes discontinuation and Subscriber remedies
Provider may end a paid monthly subscription for convenience on 30 days' notice, without imposing a new renewal beyond that termination date, and refund prepaid fees for any unprovided period. Provider may prevent fixed-term renewal under Section 4. If it discontinues fixed-term service early, it shall give at least 30 days' notice where reasonably practicable, refund fees for unprovided service, and cancel remaining future installments. Provider may not retain payment for service it elects not to provide. These rights do not restrict the first-payment guarantee or mandatory remedies.
Subscriber may terminate the affected subscription if Provider materially breaches the Agreement and fails to cure within 15 days after detailed written notice. This includes an uncured material breach of the premium cap, staged release rules, delivery cadence, or contracted coverage. Subscriber may also terminate affected service if a substantial loss of access or core coverage continues for 10 consecutive days or 20 aggregate days in a rolling 30-day period, excluding failures caused by Subscriber. A decline in market activity or permit volume alone is not loss of contracted coverage.
For termination under this section, Provider will refund prepaid subscription fees allocable to the period after termination within 15 business days and waive unpaid future installments for that period. Refunds use actual days in the purchased term. Accrued lawful fees remain payable. These express refund obligations are not reduced by the liability cap. Subscriber retains other remedies subject to the Agreement's lawful limitations. Mandatory cancellation, cooling-off, refund, or nonrenewal rights override inconsistent terms.
14 Effect of expiration or termination
At expiration or termination, access ceases and Provider may allocate any vacated premium capacity to another business. Within 10 business days Subscriber shall stop new prospecting from retained Service Information, delete Service exports and derived prospecting lists from active systems, instruct approved recipients to do the same, and certify compliance on reasonable written request. Subscriber may retain records required by law and records reasonably necessary to perform or document customer engagements established before termination, including its own customer contracts. Such retention does not permit continuing resale, outside access, or marketing from a retained lead database. Inaccessible backups may expire in the normal secure cycle and remain subject to use restrictions.
Provider will make any expressly included export of Subscriber's own uploaded business records reasonably available on request received before termination or within 10 days afterward, unless legally prohibited or necessary security measures prevent it. This is not a right to export the Service's lead database. Provider may thereafter delete account content under its lawful retention practices. Payment obligations for accrued amounts, permitted damages, ownership, restricted retained-data use, confidentiality, privacy, remedies, indemnities, liability limits, and dispute/general provisions survive as their nature requires.
15 Unauthorized use remedies and optional agreed damages
For an established breach, Provider may seek proven compensatory damages and lawful equitable relief. Unauthorized redistribution may impair subscription revenue and staged access, or cause reasonable response costs and loss difficult to measure, but neither that possibility nor this Agreement establishes a criminal offense or automatic entitlement to a monetary award. A court must apply the applicable evidentiary and equitable standards. No bond requirement, burden of proof, or nonwaivable defense is waived.
Liquidated damages apply only if both parties separately select, complete, and sign Schedule A. Without an effective Schedule A, no automatic $5,000 or other fixed breach fee applies. Any agreed amount substitutes for actual damages for the same defined harm and may not be stacked with overlapping actual damages or duplicative future-fee recovery. Suspension, termination, capacity reallocation, and an injunction may remain available independently. Provider shall not automatically debit disputed damages from Subscriber's payment method; collection requires a written settlement or enforceable adjudication. If a liquidated-damages clause is unenforceable, Provider may seek proven actual damages instead.
16 Subscriber indemnity for third party claims
Subscriber shall defend Provider and its officers, employees, and agents against third-party claims to the extent arising from Subscriber's unlawful outreach, unauthorized disclosure or resale, uploaded materials that violate another's rights, or Subscriber's contracting work, advertisements, or customer dealings, and shall pay covered final judgments, approved settlements, and reasonable defense costs. This obligation does not cover a claim to the extent caused by Provider's breach, negligence, unlawful conduct, or willful misconduct. It does not shift regulatory liability where the law prohibits doing so.
Provider shall promptly notify Subscriber of a claim; delay excuses obligations only to the extent materially prejudicial. Subscriber may control the defense using reasonably qualified counsel, and Provider may participate at its expense. No settlement may admit Provider's fault, impose nonmonetary duties on it, fail to fully release it, or require payment by it without its prior written consent, not unreasonably withheld. Provider shall reasonably cooperate at Subscriber's expense. If Subscriber fails to defend after reasonable notice, Provider may defend and seek reasonable covered costs. Indemnity concerns third-party claims and does not create duplicate recovery for direct contract claims.
17 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, REGARDLESS OF THEORY AND EVEN IF ADVISED OF THE POSSIBILITY. SUBJECT TO THE EXCEPTIONS BELOW, PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT WILL NOT EXCEED THE SUBSCRIPTION FEES PAID OR PAYABLE FOR THE AFFECTED SUBSCRIPTION FOR THE 12-MONTH PERIOD IMMEDIATELY BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIM; FOR A SUBSCRIPTION ACTIVE LESS THAN 12 MONTHS, USE THE FEES PAID OR PAYABLE FOR ITS FIRST 12 MONTHS, EXCLUDING UNEXERCISED OPTIONAL RENEWALS.
The exclusion of damages does not bar Subscriber's agreed payment obligations, lawful collection costs, amounts properly recoverable under Section 16, or Provider's proven compensatory damages for Subscriber's unauthorized resale, disclosure, outside access, or infringement of Provider's protectable intellectual property. Any effective Schedule A controls its defined loss without duplication. Provider's liability cap does not reduce express refund obligations. Neither the exclusions nor the cap limits liability for a party's fraud, willful misconduct, gross negligence, or liability that applicable law does not permit limiting. These exceptions do not establish that any claimed category of damages is legally recoverable. A series of related claims does not create multiple caps. The parties allocate risk in light of the fees, information sources, and available remedies.
18 Disputes governing law and notices
Arizona law governs, without its conflict-of-law rules, except where mandatory law requires otherwise. Before filing an ordinary damages action, the parties shall give written notice summarizing the dispute and attempt good-faith resolution for 30 days. This does not delay urgent injunctive relief, a small-claims filing, or an action needed to preserve a limitation period. No limitation period is shortened by this Agreement.
Subject to mandatory law and proper subject-matter jurisdiction, the state courts in Maricopa County, Arizona, and the federal court for the District of Arizona have exclusive jurisdiction, and the parties consent to personal jurisdiction there. Either party may use an otherwise competent small-claims court. This Agreement does not require arbitration or waive a jury trial or collective-action rights. The prevailing party in an enforcement action may recover reasonable attorneys' fees and costs as awarded by the court and permitted by law.
Routine notices, invoices, breach notices, and renewal reminders may be sent to the designated email addresses. Email is received when delivered without a failure notice; a known failed delivery is not receipt. Online cancellation is received when successfully submitted, and Provider shall retain a submission record and provide a confirmation. Except for Subscriber cancellation under Section 4, a termination or dispute notice should also be copied to the other party's designated legal-notice address. Notices may alternatively be sent by tracked courier to the business address and are received on documented delivery. These methods do not replace formal service of legal process. Each party shall keep its contact details current.
19 Events outside reasonable control
Neither party is responsible for delay caused by events beyond its reasonable control, including natural disasters, government restrictions, widespread communications failures, or unavailability of government data sources despite reasonable sourcing efforts. The affected party shall give reasonably prompt notice, mitigate the effect, and resume performance when possible. This clause does not excuse fees already accrued for services provided, confidentiality or security measures still reasonably practicable, Subscriber's payment inability, or obligations to comply with law. If the event materially prevents core service for the periods stated in Section 13, Subscriber may terminate with its refund and release from future installments. No indefinite payment obligation for unavailable service is created.
20 General provisions
The parties are independent contractors. No partnership, employment, agency, franchise, fiduciary duty, or business-opportunity earnings guarantee is created. Neither party may bind the other. No prospect, customer, or outside contractor is an intended third-party beneficiary. Subscriber may not assign the subscription or account, including through a transfer to another legal entity, without Provider's prior written consent, not unreasonably withheld where the successor is qualified and accepts all obligations. Provider may assign the Agreement with its business or relevant assets if the successor assumes its duties and does not reduce committed coverage, timing protections, or the premium cap per trade per Market.
This Agreement is the complete agreement on its subject and supersedes prior proposals and discussions, without waiving claims that cannot lawfully be waived or excusing fraud. Amendments require mutual written acceptance except prospective fee changes expressly permitted by Section 4.5. A failure to enforce a provision once is not a continuing waiver. Remedies are cumulative only to the extent consistent and without duplicate recovery. If a provision is unenforceable, it will be severed or narrowed only to the extent law permits, and the remaining Agreement continues; a court is not directed to rewrite a punitive damages clause. Mandatory law prevails over an inconsistent term.
Electronic signatures and counterparts are permitted. Each party consents to electronic records for this transaction, subject to any nonwaivable right to withdraw that consent, and shall receive a retainable copy of the accepted Agreement. The person signing for Subscriber binds the identified company and does not personally guarantee payment merely by signing as its representative. Any personal guarantee requires a separate express agreement. Provider must retain the actual accepted Order Form, terms version, renewal consent, and reasonable attribution records; a later webpage version does not replace the version accepted.
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