Terms of service

CABOOM LEADS – TERMS OF SERVICE

Last updated: February 27th, 2024

Welcome to CABOOM Leads! The terms “we”, “us” and “our” refer to CABOOM Leads. These Terms of Service (“Terms”) govern your access to and use of CABOOM Leads products and services (the “Services”), including our website, lead generation, marketing products, subscriptions, and any related offerings. By purchasing or using our Services, you agree to these Terms. If you do not agree, you must not use our Services.

1. Eligibility & Accounts

You must be at least the age of majority in your jurisdiction to use the Services. You represent that all information provided to us is true, accurate, and complete. You are solely responsible for maintaining the confidentiality of your account and all activity under it.

2. Our Products

CABOOM Leads provides marketing leads and related services. We make no guarantees regarding conversion rates, sales results, or business outcomes. Leads are provided “as is,” subject to verification processes disclosed on our site.

3. Orders & Subscriptions

By placing an order, you agree to pay all applicable fees. Subscriptions are subject to minimum commitment terms (as disclosed at purchase). All sales are final. No refunds will be issued except as required by law.

4. Compliance With Laws (Including TCPA)

You expressly acknowledge and agree:

  • Sole Responsibility: You, not CABOOM Leads, are solely responsible for ensuring that your use of leads complies with all applicable laws, regulations, and industry standards, including without limitation the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), CAN-SPAM, state “mini-TCPA” laws, do-not-call registries, and carrier guidelines.

  • Consent & Outreach Practices: You are solely responsible for obtaining and maintaining all required consents before making any calls, texts, emails, or other outreach to leads.

  • Disclaimer: CABOOM Leads does not warrant or represent that the leads you purchase are compliant for your intended use. By using our Services, you assume all risk of contacting leads.

5. Prohibited Uses

You may not use the Services to:
(a) violate any law, including telemarketing or consumer protection laws;
(b) send spam, junk messages, or robocalls without consent;
(c) misrepresent yourself to consumers;
(d) harass, threaten, or abuse any person.

Violation may result in immediate termination of Services without refund.

6. Disclaimer of Warranties

The Services and all products are provided “as is” and “as available” without any warranty, express or implied. CABOOM Leads disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, accurate, or error-free.

7. Limitation of Liability

To the fullest extent permitted by law:

  • CABOOM Leads’ total liability for any claim arising out of or related to these Terms or the Services shall not exceed the amount you paid to CABOOM Leads for the Services in the three (3) months preceding the claim.

  • We are not liable for any indirect, incidental, punitive, or consequential damages, including statutory damages under the TCPA or state law, lost profits, lost business opportunities, or attorney fees, even if advised of the possibility.

Some jurisdictions do not allow such limitations, in which case our liability shall be limited to the minimum extent permitted.

8. Indemnification

You agree to fully indemnify, defend, and hold harmless CABOOM Leads and its affiliates, officers, directors, employees, contractors, and partners from any and all claims, actions, damages, fines, penalties, attorney fees, and liabilities arising out of or relating to:

  1. Your use of the Services;

  2. Your violation of these Terms;

  3. Your violation of any laws, including but not limited to the TCPA, TSR, CAN-SPAM, or state telemarketing laws;

  4. Any claim by a consumer or regulator relating to your outreach practices.

9. Arbitration & Class Action Waiver

To the maximum extent permitted by law, you agree:

  • Binding Arbitration: Any dispute or claim arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration under the rules of the American Arbitration Association (AAA).

  • Waiver of Jury Trial: You waive the right to a trial by jury.

  • Class Action Waiver: You may bring claims only in your individual capacity and not as a class representative, class member, or private attorney general.

10. Governing Law & Venue

These Terms shall be governed by and construed under the laws of the State of Missouri, without regard to conflict-of-law principles. Arbitration or, if unenforceable, court proceedings shall take place exclusively in Greene County, Missouri.

11. Termination

We may suspend or terminate Services at any time if you violate these Terms or applicable law. You remain responsible for all fees due through the date of termination.

12. Entire Agreement

These Terms, along with our Privacy Policy and any purchase agreements, constitute the entire agreement between you and CABOOM Leads.

13. Contact

Questions should be directed to:

CABOOM Leads
3253 E. Chestnut Expressway, Suite 321
Springfield, MO
Email: support@caboomleads.com
Phone: 833-402-4368