Terms of Use, Conditions, and Privacy Policy

These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your use of any marketing or email data or services provided by Best MCA Lead Services Inc. or its affiliated companies (“Best MCA Lead Services”), which data or services are referred to collectively as the “Data.”

General Terms

Ownership

(a) The term “Best MCA Lead Services Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by Best MCA Lead Services, work product produced by Best MCA Lead Services, and derivative works of any of the foregoing...

(b) All Best MCA Lead Services Property shall remain the property of Best MCA Lead Services.

(c) As between you and Best MCA Lead Services, Best MCA Lead Services shall be the sole owner of all intellectual property rights in and to the Best MCA Lead Services Property and the Data.

Limited License

Upon execution of the Agreement and payment of all amounts due, you are granted a personal, nontransferable license to use the Data solely for direct marketing, market research, and prospecting purposes, in accordance with the Agreement.

Limitations on Use

(a) You will not share, sell, transfer, or otherwise make the Data available to any third party without prior written authorization.

(b) You will not refer to Best MCA Lead Services in any promotional materials.

(c) You will not use the Data for consumer credit, insurance, employment, or tenant screening purposes, or any other use restricted under the Fair Credit Reporting Act.

Your Responsibilities

(a) You must comply with all applicable laws and regulations, including telemarketing and email marketing laws, and DMA guidelines.

(b) Use of email Data must comply with CAN-SPAM, COPPA, TCPA, and all relevant laws.

(c) You are responsible for compliance with all do-not-contact lists.

Disclaimer of Warranties; Limited Warranty

The Data is provided on an “as is” basis. Best MCA Lead Services disclaims all warranties, express or implied, including merchantability or fitness for a particular purpose, except that if notified of an error within 14 days, Best MCA Lead Services will correct it at no charge.

Limitation of Liability

Best MCA Lead Services shall not be liable for any indirect, incidental, or consequential damages. Its maximum liability shall not exceed the amount you paid within the 12 months preceding the event giving rise to such liability.

Indemnification

You shall indemnify and hold harmless Best MCA Lead Services and its affiliates against any claim, damage, or expense arising from your use of the Data or breach of this Agreement.

Interruption of Service

Temporary interruptions may occur, and such interruptions do not result in liability or suspension of your payment obligations.

No Assignment

You may not assign your rights or obligations without prior written consent from Best MCA Lead Services.

Termination

Best MCA Lead Services may terminate the Agreement and require immediate return or destruction of the Data for noncompliance.

Governing Law & Jurisdiction

This Agreement shall be governed by the laws of the State of Nebraska. Any disputes shall be brought in the state or federal courts of Douglas County, Nebraska.

Payment Terms

(a) All payments are due according to the billing terms in effect when the charge becomes payable; fees are nonrefundable.

(b) Recurring billing authorizations will automatically renew per the agreed term unless cancelled in writing.

(c) A 1.5% monthly interest (or maximum legal rate) applies to overdue amounts.

Entire Agreement

This Agreement supersedes all prior agreements and may only be amended in writing signed by both parties.

File Management Library

When applicable, you may store marketing content (logos, images, documents) through Best MCA Lead Services systems. You retain ownership but grant limited hosting permission. You are responsible for ensuring all rights to your uploaded content and any regulatory compliance.

Execution

The Agreement may be executed physically, by facsimile, or electronically, with each copy considered an original.

Refund Request Policy

Purchasers may request a refund on their first order, or equivalent value in replacement products. Refund requests must be made before placing a new order; placing a new order implies satisfaction with prior orders.