TERMS AND CONDITIONS

HOFLEADS.COM is a company that sends mailers and sells leads.

MAILERS

HOFLEADS.COM sends mailers to individuals who have either refinanced a home or bought a new home. HOFLEADS.COM obtains this data from third parties and can't guarantee the accuracy of the information received. HOFLEADS.COM obtains the data from reputable sources but cannot be held responsible either financially or legally for anything regarding the data sent or mailers sent. Occasionally HOFLEADS.COM may use data that isn't recent. The mortgage data fluctuates weekly and HOFleads.com makes every effort to fulfill each weekly standing order with recent data. In the event, there isn't enough data for an order, HOFLEADS.COM may use less recent data.

HOFLEADS.COM has set up an automated answering system that will ask questions and verify information. If the person from the mailer calls the automated line, this constitutes a lead that will be sent to you. The mailers we send to generate the leads are what we deem is the best option to generate leads. If you do not like or agree with the mailers we send, we are not and cannot be held liable in anyway. The leads come to you in text, email, and can be downloaded in CSV form or PDF. The pdf that is generated with the lead data is not what the mailer we send looks like. Please contact us if you want more information about the mailers. If you choose to use the LIVE ANSWER feature you will pay a $50 refundable deposit that covers the first 100 minutes. Any minutes used over that will be charged at the end of each month to keep your account current. Once you are no longer mailing with us or no longer using the LIVE ANSWER feature, you may request any funds remaining from your deposit be refunded. We do not automatically refund you and if you want this money refunded you must request either via text or email.

We cannot offer any guarantees as to the quality of the lead or whether or not they will purchase an insurance product and as such cannot be held liable for any expenses, loss of sales, or any liability whatsoever. In order to purchase mailers, we must receive payment on Wednesday in order to buy data for your order on Thursday so they can be put into our system to be mailed. If we don't receive payment on Wednesday, your order will not be placed that week. Any estimates on return percentages for mailers sent are just estimates and we cannot be held responsible if the mailers sent for you do not get the same response rate. You agree to not use any of our information including our mailer content, website content, or any information obtained from HOFLEADS.COM without our specific written authorization for any purpose whatsoever, including but not limited to, business and personal endeavors. HOFLEADS.COM reserves the right to file suit against you to recover damages, lost profits, and any other equitable relief resulting from your use of said information.

You’re allowed to use the leads created by the mailers for your internal marketing purposes only. You may not use the leads for purposes other than selling insurance products. Agents can’t redistribute or sell the leads. You agree to not share with others, distribute, license, sell, resell or otherwise disclose any of the leads or the information included in them, to any third party for any purpose, unless only to an entity employed by you for the main purpose of assisting you in contacting the lead. We reserve the right to sell or re-sell leads created by the mailers. All leads created remain property of HOFleads.com. We reserve the right to close or lock any agents account at any time. When leads are generated, we don’t guarantee any certain results.

It is solely your responsibility to know about all laws, rules, and regulations applicable to the access, use, storage and security of data identifying consumers that we offer to you. You agree that you’ll maintain commercially reasonable physical, electronic and procedural controls, care and protection to protect any such consumer information received herein from any unauthorized use or disclosure, including the maintenance of proper security to limit access to the consumer data.

As an Agent, and on behalf of your employees or contractors, you warrant that:

-the use of the leads and any interactions with and information provided to consumers will be in compliance with all applicable federal, state and local laws, statutes, rules and regulations, governing the marketing, sales, and/or promotion of goods and/or services;

-you’ll make no calls to any person on any federal or state national Do-Not-Call (DNC) registries in the exception of an exemption;

-you’ll use no lead information for the purpose of determining a person’s eligibility for employment, credit or otherwise in any manner that violates the Fair Credit Reporting Act.

The leads are provided “as is”. All statutory, implied or other warranties are disclaimed to the highest extent permitted by law, including with no limitation to any warranties of merchantability, fitness for a purpose, non-infringement, or compliance with relevant laws. We don’t guarantee in any way that any information provided by the consumer will be correct or complete.

All names, logos, trademarks, text, software, code, right, title, and other content of HOFLEADS.COM will remain the exclusive property of HOFLEADS.COM and its licensors. Except as set forth above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial or personal purposes without the express prior written agreement of HOFLEADS.COM. We reserve the right to enforce our intellectual property rights to the fullest extent of the law, including but not limited to seeking remedies under civil or criminal law for such violations.

HOFLEADS.COM accepts no responsibility for any issues arising from calling the leads, booking appointments, or any issues concerning the leads and or the mailers. We are simply mailing the mailers for you with data we obtained from public data sources. You are required to remain compliant with all applicable laws including but not limited to those governing insurance sales. You are required to comply with all laws and rules regarding contacting any leads and not contacting them if they request to not be contacted. You accept full responsibility for remaining compliant. You agree to abide by all TCPA laws.

LEADS
HOFLEADS.COM also sells leads. HOFLEADS.COM obtains this data from third parties and can't guarantee the accuracy of the information received. HOFLEADS.COM obtains the data from reputable sources but cannot be held responsible either financially or legally for anything regarding the data. HOFLEADS.COM doesn’t guarantee the quality or accuracy of the leads that is offered to you.

You’ll be charged for the leads based on the price stated at the time of the purchase, and fees may differ from purchase to purchase at any time. We do our best to deliver leads between 24 – 72 hours but may take up to 10 days to deliver an order. However, in some cases, orders can experience slight delays owing to daily supply and demand market conditions. Purchases of leads are not cancellable, and there is no refund on fees paid.

You’re allowed to use the leads provided by us for your internal marketing purposes only. You may not use the lead for purposes other than selling insurance products. Agents can’t redistribute or sell our leads. You agree to not share with others, distribute, license, sell, resell or otherwise disclose any of the leads or the information included in them, to any third party for any purpose, unless only to an entity employed by you for the main purpose of assisting you in contacting the lead. When leads are generated, we don’t guarantee any certain results.

It is solely your responsibility to know about all laws, rules, and regulations applicable to the access, use, storage and security of data identifying consumers that we offer to you. You agree that you’ll maintain commercially reasonable physical, electronic and procedural controls, care and protection to protect any such consumer information received herein from any unauthorized use or disclosure, including the maintenance of proper security to limit access to the consumer data.

As an Agent, and on behalf of your employees or contractors, you warrant that:

-the use of the leads and any interactions with and information provided to consumers will be in compliance with all applicable federal, state and local laws, statutes, rules and regulations, governing the marketing, sales, and/or promotion of goods and/or services;

-you’ll make no calls to any person on any federal or state national Do-Not-Call (DNC) registries in the exception of an exemption;

-you’ll use no lead information for the purpose of determining a person’s eligibility for employment, credit or otherwise in any manner that violates the Fair Credit Reporting Act.

The leads are provided “as is”. All statutory, implied or other warranties are disclaimed to the highest extent permitted by law, including with no limitation to any warranties of merchantability, fitness for a purpose, non-infringement, or compliance with relevant laws. We don’t guarantee in any way that any information provided by the consumer will be correct or complete, or that the results will be realized from the leads.

HOFleads.com accepts no responsibility for any issues arising from calling the leads, booking appointments, or any issues concerning the leads. You are required to remain compliant with all applicable laws including but not limited to those governing insurance sales. You are required to comply with all laws and rules regarding contacting any leads and not contacting them if they request to not be contacted. You accept full responsibility for remaining compliant. You agree to abide by all TCPA laws.

You may receive marketing texts and emails from us from time to time. If you do not want to receive those you can opt out at any time. If you are a current customer you will still receive text and email communications about your leads.

This Agreement shall be governed by the laws of the State of Washington. You agree that any dispute regarding this Agreement shall be heard solely by a court in King County, Washington. If you file a dispute in a different court or jurisdiction, HOFLEADS.COM may file to have your action dismissed and you will be responsible for HOFLEADS.COM’s reasonable attorney’s fees.

HOFLEADS.COM is committed to protecting your privacy and will make reasonable efforts to provide you a safe user experience. Please note that your use of its site is subject to its Terms and Conditions. This Privacy Policy and Terms and Conditions are necessary to your use of the site. Therefore, you must agree to both before using the site.

HOFLEADS.COM collects personally identifiable information (“PII”) you provide about yourself, such as your name, email address, phone number and other registration information, when you register to purchase mailers and/or leads. We will not sell, share, or transfer your information to third parties without your permission. However, you agree that we may use your information to register your account on our site, process monetary sums, and share with other third parties as necessary.

To protect your privacy and security, HOFLEADS.COM takes reasonable steps to verify your identity before granting you access to the site. HOFLEADS.COM will do its best to keep your information secure. However, you are responsible for maintaining the privacy of your password and account information at all times. The site uses SSL certificates to help secure your information. We recommend you protect your password, use firewalls and download anti-virus software. Do not create more than one account for yourself, transfer your account, or share your password with others. If we learn of a security breach, we may notify you via email or on our site.

We may also need to disclose your information when required by law or to comply with legal requests, such as search warrants, court orders, subpoenas or other valid legal process. Therefore, you authorize us to disclose information about you to law enforcement or government officials as is necessary.

HOFLEADS.COM’s services are provided "as is" and makes no guarantees that HOFLEADS.COM will always be safe, error-free or without delay. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. HOFLEADS.COM’s liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, information, or consequential, indirect, or punitive damages. HOFLEADS.COM reserves all its rights in law and equity.

If you would like to make changes to your registration information, you can do so by logging onto your account on the site. To cancel your account, send an email request to orders@hofleads.com from the email address you provided in your registration. We may retain your information for a commercially reasonable amount of time for internal and legal purposes.

We reserve the right to change or update our Terms and Conditions and Privacy Policy at any time. If you have any questions about our site, Terms and Conditions or Privacy Policy, please contact us at orders@hofleads.com

Residents of California (CA) should be aware that CA law affords them certain rights regarding their personal information. CA law requires us to disclose certain information related to our privacy practices. This CA Privacy Notice is intended to supplement our Privacy Policy in order to meet our disclosure requirements pursuant to CA law. To understand our privacy practices, you should refer to our Privacy Policy in addition to this supplement applicable to CA Residents. This CA Privacy Notice applies to personal information (PII), as defined below, that is processed by us in the course of our business. PII under CA law may differ from PII in the HOFLEADS.COM Privacy Policy. As used in this CA Privacy Notice only, PII refers to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Category examples of PII in this category Identifiers: name, email address, mailing address, phone number, username, birthday, and protected characteristics age and gender.

CA residents have the right to opt out of disclosure of their PII to third parties for valuable consideration (which may be considered sales under CA law even if no money is exchanged). We do not sell your PII. However, we respect and understand that you may still want to ensure your PII is not sold. Therefore, if you would still like to proceed with a do not sell my PII request, please contact us. You have certain rights as a CA resident, such as right to access your PII. You may be entitled to receive the specific pieces of your PII we collected in the 12 months preceding your request. You may be entitled to receive a copy of your electronic PII in a readily-usable format. You may be entitled to receive information regarding the categories of PII we collected, the sources from which we collected PII, the purposes for which we collected and shared PII, the categories of PII that were sold and the categories of third parties to whom the PII was sold, and the categories of PII that we disclosed for a business purpose in the 12 months preceding your request. You may be entitled to request that we delete the PII that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need to keep such information, such as for our legitimate business purposes or are quired to comply with applicable laws. You may be entitled to direct us to stop disclosing your PII to third parties for monetary or other valuable consideration. You may freely exercise these rights without fear of being denied goods or services. We may, however, provide a different level of service relating to the value of your PII. If you are a CA resident and would like to exercise one of your rights, please contact us. CA law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request. In addition to these rights, pursuant to CA’s Shine the Light law, CA residents who share PII with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of PII disclosed to those parties. If you would like to exercise this right, please contact us at ORDERS@HOFLEADS.COM

HOFLEADS.COM — LEAD-BUYER & LEAD-USE ADDENDUM

This Addendum is incorporated into and made part of the Agreement between HOFLEADS.COM (“Provider”) and the Buyer / Agent (“Buyer”). In case of conflict with other provisions, this Addendum controls.

1. Definitions

“Consumer Data / Lead Data” — Any personally identifying information provided by Provider to Buyer, including but not limited to name, mailing address, phone number, email, and other demographic or contact information.

“Use / Processing” — Any access, storage, calling, texting, emailing, mailing, sharing, or other use of Lead Data by Buyer or Buyer’s agents/contractors.

“Authorized Users” — Buyer and Buyer’s employees or contractors specifically engaged by Buyer who are authorized to use Lead Data under this Agreement.

“Consent Record” — Documentation evidencing valid prior express written consent from a consumer to be contacted for marketing purposes under applicable law (e.g., TCPA), including date/time, phone number, consent language presented, and method of consent (electronic signature, checked consent box with timestamp, etc.).

2. Scope of Lead Use & Prohibited Actions

2.1 Permitted Use

Buyer may use Lead Data only for internal marketing/solicitation to offer products/services specified in the Agreement (e.g., insurance sales).
Buyer may not resell, license, transfer, lease, or distribute Lead Data to any third party not directly engaged by Buyer as Authorized Users, except contractors employed to help contact the leads (provided they agree in writing to the same restrictions and compliance obligations).
Buyer acknowledges all Lead Data remains the property of Provider. Buyer receives only a limited, non-exclusive, non-transferable license for permitted use.

2.2 Prohibited Use

Buyer shall not use Lead Data for purposes other than permitted (e.g., resale, sharing, rental, public posting, unlawful marketing).
Buyer shall not contact any lead who has opted out, requested deletion, or is on any federal or state Do-Not-Call (DNC) registry (unless exempt as permitted by law, supported by valid Consent Records).
Buyer shall not use Lead Data to determine or influence employment eligibility, credit, underwriting, or risk assessment, except as expressly allowed by law and with required disclosures.

3. Compliance with Laws & Regulatory Requirements

3.1 Telemarketing / Privacy / Consent Compliance

Buyer warrants and agrees to comply with all applicable federal, state, and local laws, regulations, statutes, and rules governing telemarketing, text messaging, privacy, data protection, and the marketing or sale of goods/services, including but not limited to TCPA, DNC laws, and consumer privacy laws.
Before contacting any lead by telephone, text message, or automated message, Buyer shall obtain and maintain a valid Consent Record that meets the requirements for prior express written consent under applicable law — especially if using automatic telephone dialing systems (ATDS), prerecorded/artificial voice, or texting.
Buyer must maintain internal DNC/Do-Not-Text lists and immediately honor any opt-out or “STOP” requests by leads.
Buyer shall not represent or imply that Provider endorses Buyer’s services or has guaranteed results.

3.2 Data Security & Privacy

Buyer shall implement commercially reasonable administrative, technical, and physical safeguards to protect Lead Data from unauthorized access, use, disclosure, or breach. Safeguards include secure storage, encrypted transmission (where feasible), unique user credentials, limited access based on job necessity, and periodic security reviews.
Buyer agrees to comply with all applicable data privacy laws governing consumer personal data (e.g., state privacy laws like CCPA/CPRA where applicable).
If Buyer receives a request from a lead to delete their data or revoke consent, Buyer shall promptly mark the lead as “do not contact,” delete or anonymize their data (including backups), and cease further marketing to that lead. Buyer shall document and retain proof of compliance with such requests.

4. Recordkeeping, Lead Quality, & Audit Rights

Buyer shall maintain all Consent Records, calling logs, DNC scrub records, opt-out records, and other compliance documentation for a minimum of five (5) years.
Buyer must notify Provider in writing within five (5) business days of discovering material errors (invalid phone numbers, non-existent addresses, duplicates) in Lead Data. Failure to provide timely notice waives Buyer’s right to dispute the associated Lead Data.
Provider reserves the right — at any time, without prior notice — to audit Buyer’s compliance with this Addendum, including access to records, security controls, and relevant systems.
Buyer shall fully cooperate with any audit or compliance review. If Buyer fails to comply or is found in violation, Provider may immediately terminate Buyer’s license to use Lead Data and demand deletion or return of all Lead Data.

5. Indemnification, Warranties & Limitation of Liability

5.1 Indemnification

Buyer agrees to indemnify, defend, and hold harmless Provider (and its officers, directors, employees, affiliates, and licensors) from and against any claims, demands, liabilities, fines, damages, losses, costs, or expenses (including attorneys’ fees) arising from Buyer’s use or misuse of Lead Data, violation of this Addendum, or violation of any applicable law or regulation.

5.2 Disclaimer of Warranties

All Lead Data is provided “AS IS”, with no warranties — express or implied — including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, or compliance with any particular law.

5.3 Limitation of Liability

Under no circumstances shall Provider be liable for any indirect, incidental, special, punitive, or consequential damages, lost profits, loss of data, or business interruption resulting from Buyer’s use or misuse of Lead Data, whether arising in contract, tort, or any other legal theory. Buyer’s sole remedy, if any, is limited to the fees paid for the Lead Data.

6. Termination; Post-Termination Obligations

This Addendum remains effective as long as Buyer possesses or uses any Lead Data obtained from Provider.
Upon termination or expiration of Buyer’s relationship with Provider — or upon notice of breach — Buyer must cease all use of Lead Data, permanently delete or, at Provider’s option, return all Lead Data (including backups), and certify in writing that deletion or return is complete within ninety (90) days.
The obligations under Sections 3, 4, and 5 (Compliance, Audit Rights, Indemnification & Liability) shall survive termination or expiration.

7. Payment / Fee Enforcement

Payment obligations not otherwise defined in the main Terms shall include timely payment for Lead Data and associated services. If payment fails, is reversed, or is subject to chargeback, Provider may immediately suspend services, cancel pending Lead delivery, and pursue collection of all outstanding amounts, including associated costs/fees.
Buyer is responsible for all collection costs, including enforcement costs and attorneys’ fees.

8. Force Majeure

Provider shall not be liable for any delay or failure in performance resulting from acts beyond its reasonable control, including but not limited to natural disasters, labor disputes, pandemics, supply chain failures, system outages, or governmental actions.

9. Attorney Fees & Enforcement Costs

If Provider pursues enforcement of any provision of this Addendum (including collection, injunctive relief, or litigation), Buyer agrees to pay Provider’s enforcement costs, including reasonable attorneys’ fees and court expenses.

10. Miscellaneous

Amendments: Provider may revise or update this Addendum at any time. Continued use of Lead Data after any modification constitutes Buyer’s acceptance.
Governing Law: This Addendum is governed by the laws of the State of Washington. Any dispute shall be resolved exclusively in the courts of King County, Washington, consistent with the main Terms.

Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.