Terms & Conditions

1. Acceptance of Terms

By purchasing leads or any other product or service from NexAnswer (“NexAnswer,” “we,” “our”), you (“Buyer”) agree to these Terms & Conditions in full. If you do not agree to any part of these terms, do not place an order. Placing an order and completing payment constitutes acceptance of every term below.

2. All Sales Are Final — No Refunds, No Chargebacks

All lead purchases are final. Once payment is received, no refunds, credits, or exchanges will be issued for any reason, including but not limited to disconnected phone numbers, wrong numbers, uninterested prospects, low contact rates, lack of appointments, lack of sales, or any perceived quality issue.

Buyer expressly waives the right to file chargebacks, disputes, or reversals with any bank, credit card issuer, or payment processor. Any chargeback filed in violation of this section will be contested with proof of purchase and delivery, and Buyer will be liable for all associated fees, collection costs, and legal expenses NexAnswer incurs in defending the dispute.

3. Leads Sold “As-Is”

All leads are sold on an “as-is,” “where-is,” and “with all faults” basis. NexAnswer makes no representations, guarantees, or warranties of any kind, express or implied, regarding:

• Contact rates, answer rates, or reachability of any lead
• The accuracy, completeness, or currency of any lead’s contact information
• The interest level, buying intent, or eligibility of any lead
• Appointment set rates, close rates, application rates, or issued-paid rates
• Any specific return on investment, revenue, or commission
• Merchantability, fitness for a particular purpose, or non-infringement

Lead performance depends heavily on Buyer’s dialing systems, scripts, licensing, carrier selection, timing, follow-up cadence, and sales skill. NexAnswer is not responsible for Buyer’s results.

4. Buyer Compliance — TCPA, DNC, and State Regulations

Buyer is solely and fully responsible for complying with all federal, state, and local laws governing the contact and marketing of the leads purchased, including without limitation:

• The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations, including current one-to-one consent requirements
• The Federal Trade Commission’s Telemarketing Sales Rule (TSR)
• The National Do Not Call Registry and any applicable state Do Not Call lists
• State-level calling time restrictions, licensing, and disclosure requirements
• CAN-SPAM Act for any email contact
• State privacy laws, including CCPA/CPRA where applicable
• Insurance department rules regarding solicitation, replacement, and suitability

Buyer must independently scrub leads against the National DNC Registry and any applicable internal, state, or carrier DNC lists prior to contact, and must maintain valid consent records for any autodialed, prerecorded, or SMS communications. Buyer is responsible for verifying that its licensing, appointments, and carrier authorizations permit contact and sale in each state where a lead resides.

5. Limitation of Liability

To the maximum extent permitted by law, NexAnswer, its owners, officers, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost commissions, lost business opportunities, TCPA damages, statutory penalties, attorneys’ fees, reputational harm, or regulatory fines, arising from or related to Buyer’s use of the leads or products purchased.

NexAnswer’s total aggregate liability to Buyer for any and all claims arising out of or relating to the leads or these Terms — whether in contract, tort, statute, or otherwise — shall not exceed the amount Buyer actually paid to NexAnswer for the specific order giving rise to the claim.

6. Indemnification

Buyer agrees to indemnify, defend, and hold harmless NexAnswer and its affiliates from and against any and all claims, demands, actions, penalties, fines, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Buyer’s contact, marketing, or use of the leads; (b) any alleged violation by Buyer of TCPA, DNC, TSR, CAN-SPAM, state calling rules, insurance regulations, or any other law; (c) any complaint, dispute, or lawsuit filed by a lead or third party in connection with Buyer’s conduct; and (d) any breach of these Terms by Buyer.

7. Lead Ownership and Resale

Leads are licensed to Buyer for Buyer’s own use only. Buyer may not resell, re-broker, share, transfer, sub-license, or redistribute any lead data to any third party. Violation of this section constitutes a material breach and Buyer will be liable for all resulting damages plus liquidated damages of $500 per lead redistributed.

8. Delivery

Leads are delivered by email to the address provided at checkout after payment clears and the order is marked fulfilled. It is Buyer’s responsibility to provide a valid email address, monitor it for delivery, and check spam/junk folders. NexAnswer is not responsible for undelivered or delayed emails caused by Buyer’s inbox provider, spam filters, or incorrect contact details.

9. Governing Law

These Terms are governed by the laws of the United States and the state in which NexAnswer is domiciled, without regard to conflict-of-laws principles. Any dispute arising from these Terms or Buyer’s purchase shall be resolved exclusively in the state or federal courts located in that jurisdiction, and Buyer consents to personal jurisdiction and venue there.

10. Severability & Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between Buyer and NexAnswer regarding the purchase of leads and supersede any prior oral or written communications, marketing statements, or representations.

11. Contact

Questions about these Terms should be sent to the email address printed on your order confirmation. NexAnswer reserves the right to update these Terms at any time; the version in effect at the time of your purchase governs that order.