Terms and Conditions

These Terms and Conditions govern your purchase of real estate seller leads through Motivated Leads Marketplace (the "Marketplace"), a service of Motivated Leads, LLC, a Pennsylvania limited liability company ("we," "us," or "Motivated Leads"). By creating an account and checking the agreement box, you ("Client" or "Buyer") agree to be bound by these terms in full.

1. What We Do

The Marketplace offers real estate seller leads for purchase through a reverse auction. Leads are organized by lead type (for example, motivated seller, land, mobile home, condo, commercial, or MLS-listed) and property location. Listed prices decrease over time until a lead is purchased or the listing expires.

Leads represent self-reported information from individual consumers. We do not guarantee that any lead will result in a closed transaction, and we do not guarantee lead volume, availability, or delivery on any fixed schedule.

2. How the Marketplace Works

Account and wallet: Access to the Marketplace requires a funded account wallet. All purchases are made against your wallet balance. We do not extend credit or bill in arrears.

Reverse auctions: Each lead is listed at a starting price that decreases at a set increment and interval until it sells or reaches its floor price. You may purchase a lead instantly at its current listed price ("Buy Now"), or place a buy order at a target price you're willing to pay.

Buy orders: When you place a buy order, the amount is held in your wallet, not charged. If the price reaches your target and you win the lead, the hold converts to a charge. If you are outbid or the lead sells to someone else first, the hold is released back to your wallet.

Lead visibility before purchase: Before you purchase a lead, you can see its county, lead type, time received, time remaining, and current price. Contact and property details are not visible until after purchase.

No exclusivity guarantee outside this transaction: Once purchased, a lead is assigned to you. We do not guarantee a lead was not previously offered, viewed, or attempted through other means prior to being listed on the Marketplace.

3. Funding Your Account

Deposits: You may fund your wallet in any amount you choose, subject to any posted minimum deposit amount. All payments are prepaid.

Auto-recharge (optional): You may enable auto-recharge in your account settings and set your own trigger amount and top-up amount. If enabled, your wallet will be recharged automatically using your saved payment method when your balance falls below your chosen trigger. You may disable auto-recharge at any time.

All fees are non-refundable except as described in our Refund Policy (Section 4). Funds deposited into your wallet are credited toward lead purchases and are not eligible for cash refund under any circumstances.

4. Lead Return Policy

If you receive a lead that doesn't meet our standards, you have 5 calendar days from delivery to request a return through your account dashboard. Include supporting detail (screenshots, call recordings, property links) to speed up review.

Refundable Cases

Refunds may be approved if:

- The seller is not the property owner - must confirm with the actual owner first

- The seller confirms they are not selling, or only if the price is right (recording required)

- The property is a duplicate of one we delivered to you within the last 365 days

- The phone number is invalid or disconnected

Non-Refundable Cases

Refunds are not available if:

- No deal was made due to price, terms, or timeline - the seller is real and was reached, they just didn't accept your offer

- The property type matches the lead type you purchased (a mobile home, land, condo, or MLS lead delivered as that type is not a defect - it's what you bought)

- The request is submitted after the 5-day window

- Tax records, county records, or equity position didn't match your expectations

- You forgot to pause or cancel a subscription or bidding option

Approved returns are issued as account credits, not cash refunds, and can be applied toward any future lead purchase. We aim to process approved returns within 5 business days. All return decisions are made at our sole discretion.

5. Chargeback Policy

All fees paid to us are final and non-refundable except as described in Section 4. By providing your payment information, you agree not to initiate a chargeback or payment dispute with your bank or card issuer for any charge made in accordance with these terms.

If a chargeback is initiated:

- The disputed amount, plus all associated fees (including legal and administrative costs), becomes immediately due and payable by you.

- We may terminate your account immediately with no refund of remaining balance.

- The chargeback will be treated as a material breach of this agreement, and we reserve the right to pursue all available legal remedies.

You are responsible for ensuring your payment provider is aware of this policy and for providing a copy upon request.

6. Account Management

You may pause your account at any time in your dashboard to stop future purchases and any active auto-recharge. Any unused wallet balance remains available for future use. If your account is inactive for an extended period, unused balances may be subject to the same expiration terms as our standard lead services; contact us with questions about your balance status.

Either party may close this agreement at any time, with or without cause. Closing your account does not entitle you to a refund of any unused balance.

7. Your Responsibilities

When you receive leads from us, you take on full responsibility for how you use them. Specifically, you agree to:

- Comply with all applicable federal, state, and local laws governing outreach to consumers, including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), CAN-SPAM, and all applicable Do Not Call (DNC) regulations.

- Scrub all leads against the National and applicable State Do Not Call registries before making contact.

- Never contact leads using automated dialing systems (ATDS), pre-recorded messages, or artificial voices unless you have proper consent.

- Use leads only for your own business - reselling leads to third parties is not permitted.

- Contact leads only under the same company name you registered with us.

- Handle all consumer information securely and in compliance with applicable privacy laws.

We are not responsible for how you contact or engage with leads. Any legal exposure arising from your outreach is yours alone.

What We're Not Responsible For

Our leads are provided "as is." We make no guarantee regarding:

- The accuracy or completeness of lead information

- Whether a lead will result in a contact, appointment, or closed deal

- Your ability to legally contact any given lead under TCPA or other telemarketing regulations

We strongly recommend consulting legal counsel before launching any calling or texting campaign to ensure you're compliant with applicable law.

Limitation of liability: In no event will we be liable for indirect, consequential, incidental, or punitive damages. If we are ever found liable to you for any reason, our total liability is capped at the fees you paid us in the 3-month period immediately preceding the claim.

9. Pricing Transparency

Unlike our standard lead services, current Marketplace pricing (including starting price, current price, and floor price for each listing) is visible to buyers as part of how the reverse auction works. This information is not confidential and may be visible to other Marketplace participants.

10. Indemnification

You agree to defend, indemnify, and hold harmless Motivated Leads, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, penalties, or legal fees arising from:

Your use of leads in violation of applicable law

- Any TCPA, TSR, DNC, or consumer privacy violation related to your outreach

- Your breach of any obligation under these terms

- Any other action or omission by your company in connection with this agreement

11. Intellectual Property and Non-Disparagement

You may not use our name, logo, or trademarks in any marketing, advertising, domain names, or keyword campaigns without our prior written consent. This restriction survives the end of your agreement with us.

Both parties agree not to make negative or disparaging statements about the other - publicly or privately - during or after the term of this agreement.

12. Governing Law

This agreement is governed by the laws of the Commonwealth of Pennsylvania. Any disputes must be brought exclusively in Allegheny County, Pennsylvania.

Contact

Motivated Leads, LLC 5225 Library Road #136, Bethel Park, PA 15102 Email: info@motivated-leads.com Phone: 412-254-9225

These Terms and Conditions constitute the full agreement between you and Motivated Leads, LLC regarding your use of the Marketplace.