Terms of Sale

1. What you are buying

1.1 Data records. Each order is for data records ("Data") matching the product, age band (where applicable), quantity, and states you choose at checkout. Lead data (General Life, Mortgage Protection, and Private Health) and Business Owner Raw Data are delivered as data files of records, not as live transfers, calls, or appointments.

1.2 Data may be licensed to multiple buyers. Data is not reserved for you. We may license the same records to other buyers before, at the same time as, or after your order, and more than once. Our sources may do the same. We do not tell you whether, when, or to whom a record has been or will be sold.

1.3 No statement about contact. We do not state or represent that any person or business in the Data has asked or agreed to be contacted by you or by anyone else, or that any method of contact is lawful for any record. You alone decide, with your own legal counsel, whether and how you may lawfully contact each person or business (Section 5).

2. Delivery

2.1 Timing. Please allow up to 3–5 business days from receipt of payment, and of any information we need to process your order, for delivery. Large or multi-state orders can take longer; if so, we will tell you the expected delivery window.

2.2 Method. We deliver Data electronically, as a data file (such as a CSV file) or a download link sent to the email address you entered at checkout. Delivery is complete when we send the file or link to that address. You are responsible for entering a correct email address. If you have not received a delivery within 5 business days after payment, contact us at the email address in Section 13.

2.3 Subscriptions. For a weekly or monthly subscription, each billing period's Data is delivered within 3–5 business days after that period's payment is received.

2.4 Unfilled orders. If we cannot fill all or part of an order from available inventory, we will tell you and, at our choice, deliver the shortfall when inventory becomes available or refund the amount paid for the records we did not deliver. This is the only case in which we issue a refund (see Section 9).

3. Accuracy; Data provided as-is

3.1 Reasonable effort. We make every reasonable effort to ensure that all Data meets the order criteria and industry standards for accuracy.

3.2 As-is. Except for the replacement remedy in Section 4, all Data is provided "AS IS" and "AS AVAILABLE," with all faults, and without any warranty of any kind, express or implied. To the fullest extent the law allows, we disclaim all warranties, including any warranty of accuracy, completeness, currency, deliverability, contactability, merchantability, fitness for a particular purpose, or results.

3.3 Aged data. Lead data is sold in age bands, and older records are more likely to contain phone numbers that have been disconnected or reassigned to someone else, email addresses that are no longer used, people or businesses that have moved, or people who are no longer interested. Email addresses are not guaranteed.

3.4 No guarantee of results. We do not guarantee any contact rate, answer rate, appointment, sale, commission, or return on your spend. Results depend on factors we do not control, including your scripts, follow-up, and compliance practices.

4. Your sole remedy: replacement of undeliverable or invalid records

4.1 We will replace Data that falls below industry-standard deliverability (for example, phone numbers that are disconnected or invalid, or records that are clearly malformed or duplicated within the same order) upon your submission of a supporting report. The report must identify each record (by row or phone number) and the reason, be sent to us in writing within 7 days after delivery, and come with supporting detail such as a dialer or carrier disposition report.

4.2 Replacement records will match the original product, age band, and states where inventory allows. Replacement data is your sole remedy for any problem with the Data. We do not give refunds or credits for delivered Data.

4.3 Email addresses are not guaranteed and are not eligible for replacement. Records are also not eligible for replacement because the person or business did not answer, was not interested, or asked not to be contacted.

5. Your compliance responsibilities

5.1 You are solely responsible. You alone are responsible for how you, your employees, and anyone acting for you (including call centers, dialer and texting vendors, and virtual assistants) use the Data, and for every call, text, email, voicemail, or other message made with it. You are solely responsible for complying with all applicable laws, including:

• the Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission's rules under it, including the rules for calls and texts made with an autodialer or an artificial or prerecorded voice, and calling-time limits;
• the Federal Trade Commission's Telemarketing Sales Rule (TSR), including the National Do Not Call Registry and its entity-specific and internal do-not-call requirements;
• all federal and state Do Not Call laws and lists;
• the California Consumer Privacy Act (CCPA), as amended, and all other state privacy laws that apply to your handling of personal information;
• the CAN-SPAM Act and state email laws, for any email you send; and
• state telemarketing laws and state "mini-TCPA" laws (for example, the Florida Telephone Solicitation Act, the Oklahoma Telephone Solicitation Act, and Maryland's Stop the Spam Calls Act), including any telemarketer registration, bonding, calling-hour, and call-frequency requirements.

5.2 Before any contact. Before you contact anyone in the Data, you must, at your own cost: (a) identify wireless (cell) numbers where the law requires it; (b) scrub every phone number against the National Do Not Call Registry, every applicable State Do Not Call registry, and your own internal do-not-call list, as often as the law requires; and (c) meet every other requirement the laws above place on the type of outreach you plan to make. You must promptly honor every stop, unsubscribe, and do-not-call request, and identify yourself truthfully in every contact.

5.3 Do Not Call suppression. You understand that separate federal and state Do Not Call lists exist. Data is delivered without Do Not Call scrubbing unless we agree otherwise in writing. Any Do Not Call suppression we perform at your request is based solely on files you supply before your order is processed, and we accept no liability or responsibility for the suppression of files against Do Not Call lists you provide. If a Do Not Call or suppression file you provide is inaccurate, incomplete, or outdated, we have fully met our obligation to you and offer no indemnification or protection of any kind in this regard.

6. License; no resale or redistribution

6.1 Your own internal marketing use only. When you pay, we grant you a limited, non-transferable, non-sublicensable, revocable license to use the Data you receive solely for your own internal marketing, in compliance with these Terms and the law. We and our sources keep all other rights in the Data.

6.2 No resale, sharing, or publishing. You may not resell, share, sublicense, rent, lend, transfer, publish, or otherwise redistribute any Data, in whole or in part, to anyone, including other agents, agencies, downlines, affiliates, lead marketplaces, or list brokers, and you may not combine the Data with other data to build a product for others.

6.3 Other prohibited uses. You may not use the Data for any unlawful, deceptive, harassing, or fraudulent purpose, or as a factor in deciding anyone's eligibility for credit, insurance, employment, or housing.

6.4 Breach. If you breach this Section 6 or Section 5, your license to the Data ends immediately, you must delete the Data, and we may stop deliveries and cancel any subscription without a refund.

7. No liability for your use; limitation of liability

7.1 Your use of the Data. We are not responsible or liable for any illegal or improper use of the Data by you or anyone acting for you.

7.2 Limitation of liability. To the fullest extent the law allows, our total liability for all claims arising out of or relating to an order, the Data, or these Terms will not exceed the amount you paid us for that order (for a subscription, the amount paid for the billing period that gave rise to the claim). We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, commissions, or business, even if we were told they were possible.

8. Indemnification

You will defend, indemnify, and hold harmless Invictus Marketing Agency LLC and its members, managers, officers, employees, contractors, and agents from and against all claims, demands, lawsuits (including individual and class actions), regulatory inquiries, fines, penalties, judgments, settlements, losses, and costs (including reasonable attorneys' fees) arising out of or relating to your use of the Data, including any claim under the TCPA, the Telemarketing Sales Rule, federal or state Do Not Call laws, the CCPA or other state privacy laws, the CAN-SPAM Act, or state telemarketing laws; any call, text, email, or other contact made by you or for you; and your breach of these Terms.

9. Payment; all sales final

9.1 Price and payment. Prices are shown before checkout and are charged through Stripe on Stripe's secure checkout page. We never receive or store your full card number. You are responsible for any taxes that apply to your purchase.

9.2 ALL SALES ARE FINAL AND ALL FEES PAID ARE NON-REFUNDABLE. Because Data is digital information that cannot be returned once delivered, we do not give refunds or credits for any order, except for undelivered Data under Section 2.4.

10. Subscriptions (weekly and monthly)

10.1 Recurring billing until you cancel. If you choose Weekly or Monthly billing at checkout, your subscription renews automatically and you authorize us, through Stripe, to charge your payment method the amount shown at checkout when you check out and then every week (Weekly) or every month (Monthly) until you cancel. Each billing period you receive the same order (product, age band, quantity, and states).

10.2 Cancel anytime. You may cancel at any time by replying to your Stripe receipt email or by emailing us at the address in Section 13 from the email address you used at checkout. We do not currently offer an online self-service billing portal. Cancellation takes effect at the end of the current billing period: you will receive that period's delivery and will not be charged again.

10.3 No refunds or proration. We do not give refunds or prorations for partial billing periods, unused time, or Data you chose not to use.

10.4 Failed payments. If a renewal charge fails, we will not deliver for that period until payment succeeds, and we may cancel the subscription.

10.5 Changes. To change your product, age band, quantity, or states, cancel and place a new order. We will not change the price of an active subscription without notifying you by email at least 30 days before the change takes effect, and you may cancel before then.

11. Disputes and chargebacks

11.1 If you have a problem with an order, contact us first so we can try to resolve it.

11.2 Filing a chargeback or payment dispute with your bank or card issuer in lieu of contacting us is a breach of these Terms. If you do, your license to the Data in that order ends immediately and you must delete it; we may suspend future deliveries, cancel any subscription, and refuse future orders; and we may give Stripe and your card issuer evidence of your order, the delivery, and your agreement to these Terms (including the terms version and the time we recorded your agreement). To the extent the law allows, you will reimburse our reasonable costs of the dispute, including any dispute fees.

12. Governing law, venue, and general terms

12.1 Governing law. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, and by applicable federal law.

12.2 Venue. Any dispute arising out of or relating to these Terms, an order, or the Data must be brought only in the state courts located in St. Johns County, Florida, or in the United States District Court for the Middle District of Florida, and you agree to the personal jurisdiction of those courts.

12.3 Changes to these Terms. We may update these Terms for future orders by posting a new version on this page. The version you agreed to at checkout applies to that order and to every renewal of it.

12.4 Electronic agreement and records. Checking the box at checkout and submitting payment is your electronic signature. With each order we record the version of these Terms you agreed to, the time of your agreement, and the exact checkbox wording you agreed to.

12.5 Other terms. These Terms are the entire agreement between you and us about your purchase. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written approval.

13. Contact