Terms of Service - LeadMaverick.io

Terms of Service

Last Updated: January 2025

Table of Contents

1. Acceptance of Terms

By accessing or using LeadMaverick.io services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Company Information

Card Enterprises, LLC (S-Corp)
31805 Temecula Parkway #D7-590
Temecula, CA 92952
Email: [email protected]

3. Services Description

LeadMaverick.io provides:

  • Business Consulting: Strategic guidance for lead generation and business growth
  • Lead Generation Systems: Setup and implementation of AI-powered lead recovery systems
  • Lead Generation Consulting: Ongoing advice and optimization for lead conversion
  • SMS Marketing Services: Automated follow-up via SMS messaging
  • Email Marketing Services: Automated email sequences and follow-up
  • AI Voice Systems: Automated phone call follow-up and qualification
  • CRM Integration: System setup and management with existing tools
  • Training and Support: Ongoing education and system optimization

4. Pricing and Payment

4.1 Fees

  • Setup Fees: One-time fees for initial system configuration
  • Monthly Management Fees: Recurring fees for ongoing service management
  • Third-Party Service Costs: Fees for SMS, email, and voice services (passed through at cost)

4.2 Payment Methods

We accept payments through Stripe, Square, and PayPal. All fees are due according to the payment schedule outlined in your service agreement.

4.3 Refund Policy

Refund Eligibility: Refunds are allowed if the setup process has not been initiated within the first 3 days of payment.

No Refunds After Setup: Once setup has begun, no refunds will be provided.

Third-Party Costs: Fees paid to third-party services (SMS, email providers) are non-refundable.

5. Cancellation Policy

To cancel your service:

  • Provide 30 days written notice via email to [email protected]
  • Cancellation takes effect at the end of your current billing period
  • You remain responsible for all charges incurred prior to cancellation
  • Data export must be requested within 30 days of cancellation

6. No Guarantees & FTC Compliance

IMPORTANT DISCLAIMERS:

• No Revenue Guarantees: We make no guarantees regarding specific results, leads generated, sales increases, or revenue improvements.

• Results May Vary: Results depend on numerous factors including your industry, market conditions, pricing, competition, and implementation of our recommendations.

• FTC Compliance: Any testimonials or case studies represent individual results and may not be typical. Your results may differ.

• Business Claims: All performance claims and statistics are based on our internal data and client reports. Past performance does not guarantee future results.

• Effort Required: Success requires active participation, proper implementation, and ongoing commitment to the process.

7. Age Restriction

Our services are intended for adults 18 years of age and older. By using our services, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from or provide services to anyone under 18.

8. User Responsibilities

You agree to:

  • Provide accurate and complete information
  • Comply with all applicable laws and regulations including TCPA, CAN-SPAM, and GDPR
  • Not use our services for illegal or unauthorized purposes
  • Maintain the confidentiality of your account information
  • Notify us immediately of any unauthorized use of your account
  • Ensure you have proper consent for all contacts in your database
  • Respect opt-out requests and do-not-call lists

9. SMS Marketing Terms & TCPA Compliance

By providing your phone number, you consent to receive SMS messages from us, including:

  • Service-related communications
  • Marketing and promotional messages
  • Appointment reminders and follow-ups

TCPA Compliance Notice:

• Frequency: Up to 3-5 messages per month
• Message & Data Rates: Message and data rates may apply depending on your mobile carrier
• Automated System: Messages may be sent using an automatic telephone dialing system
• Consent Not Required for Purchase: Consent to receive marketing messages is not a condition of any purchase
• Opt-Out: Reply "STOP" to any message to unsubscribe immediately
• Help: Reply "HELP" for customer support
• Time Restrictions: We will not send messages before 8:00 AM or after 9:00 PM in your time zone

10. Intellectual Property

All content, trademarks, and intellectual property on LeadMaverick.io are owned by Card Enterprises, LLC. You may not copy, reproduce, or distribute our content without written permission. You retain ownership of your data and content while granting us license to use it for service delivery.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARD ENTERPRISES, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Card Enterprises, LLC from any claims, damages, or expenses arising from your use of our services, violation of these terms, or violation of any third-party rights including privacy, publicity, or intellectual property rights.

13. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. You are responsible for ensuring compliance with applicable privacy laws for your own data collection and use.

14. Governing Law

These Terms of Service are governed by the laws of the State of California. Any disputes will be resolved in the courts of Riverside County, California.

15. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of any changes. We will notify you of material changes via email.

17. Force Majeure

17.1 Definition of Force Majeure Events

For the purposes of this Agreement, a "Force Majeure Event" means any circumstance or event beyond the reasonable control of either party that prevents, hinders, or delays the performance of any obligation under this Agreement, including but not limited to:

  • Acts of God: Natural disasters, earthquakes, floods, hurricanes, tornadoes, wildfires, lightning strikes, severe weather conditions, or other natural catastrophes
  • Government Actions: Laws, regulations, orders, directives, sanctions, embargoes, or actions by any governmental authority or regulatory body
  • Public Health Emergencies: Epidemics, pandemics (including COVID-19 and variants), quarantine orders, or public health directives
  • Civil Unrest: War, terrorism, riots, civil disorder, rebellion, revolution, insurrection, or military actions
  • Infrastructure Failures: Power outages, internet outages, telecommunications failures, or failure of essential utilities
  • Cyber Attacks: Cyberterrorism, distributed denial of service attacks, or other malicious cyber activities that significantly impact operations
  • Labor Disputes: Strikes, lockouts, labor shortages, or other industrial actions (excluding disputes involving our own employees)
  • Supply Chain Disruptions: Unavailability of essential third-party services, software, or infrastructure necessary for service delivery

17.2 Effect of Force Majeure

If either party is prevented from performing any of its obligations under this Agreement by a Force Majeure Event, then:

  • The affected party shall be excused from performance of such obligations during the continuance of the Force Majeure Event
  • No party shall be deemed to be in breach of this Agreement or liable for any delay or failure in performance
  • The time for performance of such obligations shall be extended for a period equal to the duration of the Force Majeure Event
  • Payment obligations that have already accrued shall remain due and payable unless specifically affected by the Force Majeure Event

17.3 Notice Requirements

The party claiming Force Majeure must:

  1. Immediate Notice: Provide written notice to the other party as soon as reasonably practicable, but no later than 10 business days after becoming aware of the Force Majeure Event
  2. Detailed Information: Include in the notice:
    • Nature and expected duration of the Force Majeure Event
    • Specific obligations that cannot be performed
    • Expected impact on service delivery
    • Mitigation measures being taken
  3. Regular Updates: Provide regular updates on the status of the Force Majeure Event and expected resolution
  4. End Notice: Promptly notify when the Force Majeure Event has ended and normal performance can resume

17.4 Service Credits and Compensation

Service Adjustments During Force Majeure:

  • If services are completely suspended due to Force Majeure for more than 30 consecutive days, the Client may receive a pro-rated credit for the period of non-performance
  • No refunds or credits will be provided for Force Majeure Events lasting less than 30 days
  • Partial service degradation may result in partial credits at our discretion
  • Credits are the sole remedy for Force Majeure-related service interruptions

17.5 Third-Party Services

Force Majeure Events affecting our essential third-party service providers (including but not limited to GoHighLevel, Twilio, Mailgun, Google, Meta, or TikTok) that substantially impact our ability to deliver services may constitute Force Majeure under this Agreement, provided we have no reasonable alternative providers available.

18. Dispute Resolution and Arbitration

⚠️ IMPORTANT ARBITRATION NOTICE

PLEASE READ THIS SECTION CAREFULLY. This section contains important information about your legal rights. It affects how disputes between you and LeadMaverick.io are resolved and may limit your ability to file a lawsuit in court or participate in class-action litigation.

YOU HAVE THE RIGHT TO OPT OUT of this arbitration agreement within 30 days of agreeing to these Terms of Service. See Section 18.9 below for opt-out instructions.

18.1 Informal Dispute Resolution

Before initiating any formal dispute resolution process, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good faith, informal negotiations.

The dispute resolution process shall begin when one party sends a written notice of the dispute to the other party. The notice must:

  • Describe the nature and basis of the claim or dispute
  • Set forth the specific relief sought
  • Include the sending party's name, address, and contact information
  • Be signed by the party or their authorized representative

Notice Address for LeadMaverick.io:
Card Enterprises, LLC
Attn: Legal Department
31805 Temecula Parkway #D7-590
Temecula, CA 92952
Email: [email protected]

Both parties agree to negotiate in good faith for a period of 60 days from the date the notice is received. If the dispute is not resolved within this 60-day period, either party may initiate arbitration proceedings as set forth below.

18.2 Binding Arbitration Agreement

If informal dispute resolution fails, any claim, dispute, or controversy arising out of or relating to this Agreement, including:

  • The breach, termination, enforcement, interpretation, or validity of this Agreement
  • The relationships that result from this Agreement
  • Claims relating to advertising, marketing, or sales practices
  • Claims relating to data privacy, security, or protection
  • Claims for damages, injunctive relief, or other remedies

shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect.

18.3 Arbitration Procedures

18.3.1 Arbitrator Selection

  • The arbitration shall be conducted by a single arbitrator selected in accordance with AAA Commercial Arbitration Rules
  • The arbitrator must be neutral and impartial
  • The arbitrator must have experience in commercial disputes and, preferably, technology and marketing services

18.3.2 Location

The arbitration shall take place in:

  • Riverside County, California; or
  • The county where the Client is located; or
  • By mutual agreement, conducted remotely via video conference

18.3.3 Governing Rules

  • The arbitration shall be governed by the Federal Arbitration Act
  • The arbitrator shall apply California substantive law
  • The AAA Commercial Arbitration Rules shall govern the procedure
  • The arbitrator may award any relief that would be available in court

18.3.4 Discovery

Discovery shall be limited to:

  • Production of documents directly relevant to the dispute
  • No more than two depositions per side, limited to 7 hours each
  • Written discovery limited to 25 requests per side
  • Expert witnesses limited to one per side, unless the arbitrator determines additional experts are necessary

18.4 Costs and Fees

18.4.1 Arbitration Costs

  • Each party shall pay their own attorneys' fees and costs
  • LeadMaverick.io shall pay the arbitrator's fees and AAA administrative costs for claims under $75,000
  • For claims over $75,000, costs shall be allocated according to AAA Commercial Arbitration Rules
  • The arbitrator may award attorneys' fees to the prevailing party if authorized by law

18.4.2 Fee-Shifting Prohibition

Notwithstanding any other provision, LeadMaverick.io will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator finds that your claim was frivolous or brought for an improper purpose.

18.5 Limitations on Arbitration

18.5.1 Individual Claims Only

CLASS ACTION WAIVER: Both parties agree that any arbitration shall be conducted on an individual basis only and not as a class action, collective action, or representative proceeding. Neither party may serve as a class representative or participate as a member of a class of claimants with respect to any claim subject to arbitration.

18.5.2 Consolidated Arbitrations

Multiple arbitrations may not be consolidated unless all parties agree in writing. The arbitrator may not consolidate more than one person's claims without the written consent of all parties.

18.5.3 Jury Trial Waiver

Both parties hereby waive their right to a jury trial for any claim subject to this arbitration agreement.

18.6 Exceptions to Arbitration

Notwithstanding the above, the following disputes are not subject to arbitration:

  • Claims in small claims court (provided the claim remains in small claims court)
  • Claims for injunctive relief to protect intellectual property rights
  • Claims related to violations of Computer Fraud and Abuse Act
  • Claims that cannot be arbitrated as a matter of law

18.7 Enforceability and Severability

If any portion of this arbitration agreement is deemed invalid or unenforceable, the remainder shall remain in effect. However, if the class action waiver is found unenforceable, then the entire arbitration agreement shall be null and void.

18.8 Survival

This arbitration agreement shall survive:

  • Termination of this Agreement
  • Bankruptcy or insolvency proceedings
  • Any changes to the Terms of Service that do not specifically revoke this arbitration agreement

18.9 Opt-Out Procedure

Your Right to Opt Out

You may opt out of this arbitration agreement by sending a written notice to LeadMaverick.io within 30 days of first agreeing to these Terms of Service.

Opt-Out Requirements:

  • The notice must be sent within 30 days of agreeing to these Terms
  • The notice must be in writing (email acceptable)
  • The notice must include your name, address, email address, and phone number
  • The notice must clearly state: "I opt out of the arbitration agreement in the LeadMaverick.io Terms of Service"
  • The notice must be signed (electronic signature acceptable for email)

Send Opt-Out Notice To:
Email: [email protected]
Subject: "Arbitration Opt-Out"

Or Mail To:
Card Enterprises, LLC
Attn: Arbitration Opt-Out
31805 Temecula Parkway #D7-590
Temecula, CA 92952

Effect of Opt-Out: If you validly opt out, this arbitration agreement will not apply to you, and you may pursue claims in court. However, all other terms of the Agreement remain in effect.

18.10 30-Day Right to Reject Changes

If LeadMaverick.io makes any material changes to this arbitration agreement, you may reject the changes by sending written notice within 30 days of the change taking effect. If you reject the changes, the previous version of the arbitration agreement will continue to apply to disputes arising before the change.

18.11 Emergency Relief

Notwithstanding this arbitration agreement, either party may seek emergency equitable relief before a court to prevent irreparable harm pending the completion of arbitration proceedings.

18.12 International Disputes

For clients located outside the United States, disputes may be resolved through:

  • Arbitration under the International Chamber of Commerce (ICC) Rules
  • Arbitration administered by the International Centre for Dispute Resolution (ICDR)
  • The courts of California, if arbitration is not available or appropriate under local law

🔍 Before You Agree

Please Consider:

  • Arbitration is final and binding - there is no right of appeal
  • Discovery may be more limited than in court proceedings
  • You give up your right to a jury trial
  • You cannot participate in class action lawsuits for covered claims
  • Arbitration proceedings are generally private and confidential

You have 30 days to opt out of this arbitration agreement if you do not wish to be bound by its terms.

19. Contact Information

For questions about these Terms of Service, please contact us:

Email: [email protected]
Legal: [email protected]
Address: 31805 Temecula Parkway #D7-590, Temecula, CA 92952

Legal Notice: This document constitutes the complete Terms of Service for LeadMaverick.io. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

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