Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the Listing Leads website, applications, and services (collectively, the "Services"). The Services are operated by Mackin Ferry LLC, a Delaware limited liability company doing business as "Listing Leads" ("Listing Leads," "we," "us," or "our"), located at 850 New Burton Rd #201, Dover, DE 19904.

Please read these Terms carefully. By accessing or using the Services, registering for an account, or purchasing a subscription, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the Services.

Please review Section 14 (Dispute Resolution and Arbitration) carefully. It requires most disputes to be resolved through binding individual arbitration and contains a class action and jury trial waiver.

1. Eligibility and Acceptance

You must be at least 18 years old and able to form a legally binding contract to use the Services. By accessing the Services, you represent that you meet these requirements, that you have read and agree to these Terms, that you have the authority to agree on behalf of yourself or any entity you represent, and that your use complies with all applicable laws and regulations.

2. Changes to These Terms

We may revise these Terms at any time. Revisions are effective when posted, with an updated "Last Updated" date. Material changes will receive reasonable notice when practicable (for example, by email or an in-product notice). Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

3. Your Privacy

Your personal information is handled in accordance with our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, and share information, including phone numbers you provide and our text messaging program.

4. Accounts and Registration

Certain features require an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account. Accounts are for the individual registered user; access may not be shared except as expressly permitted for team plans. Notify us promptly at support@listingleads.com of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

5. Subscriptions, Billing, and Cancellation

5.1 Paid Plans

Some Services are offered on a paid subscription basis. Pricing, billing intervals, and plan features are described at the point of purchase. Payments are processed by our third-party payment providers; by subscribing you authorize recurring charges to your payment method.

5.2 Automatic Renewal

Unless otherwise stated, subscriptions renew automatically at the end of each billing period at the then-current rate until cancelled. You may cancel at any time through your account billing settings or by contacting support@listingleads.com. Cancellation takes effect at the end of the current billing period.

5.3 Trials

Free or discounted trials convert to a paid subscription at the standard rate unless cancelled before the trial ends. The applicable trial terms are disclosed at signup.

5.4 Refunds and Taxes

Except where required by law or expressly stated otherwise, payments are non-refundable and there are no refunds or credits for partial periods. You are responsible for any applicable taxes. We may change pricing prospectively with notice.

6. Electronic Communications and Consent to Contact

By creating an account or providing your contact information, you consent to receive electronic communications from us, including account, transactional, and service notices by email and, where you have provided a phone number, by phone and text message. These communications are part of your relationship with us. Marketing communications are subject to your consent and the opt-out choices described below and in our Privacy Policy. You agree that electronic notices, agreements, and disclosures satisfy any legal requirement that such communications be in writing.

7. SMS and Text Messaging Program

If you provide your mobile phone number and opt in (for example, by checking the SMS consent box on a signup or contact form, providing your number with a request to be texted, or otherwise affirmatively agreeing), you give your prior express written consent to receive recurring text messages (SMS/MMS) from or on behalf of Listing Leads at that number, including messages sent using automated technology.

• Message types. Messages may include account and service notifications, onboarding and support messages, appointment or campaign reminders, and marketing or promotional messages about our products, features, events, coaching, and offers.
• Consent is not a condition of purchase. You are not required to agree to receive marketing texts to purchase or use the Services.
• Message frequency varies and depends on your activity and interactions with us.
• Message and data rates may apply. Rates are charged by your mobile carrier and are your responsibility.
• Opt out at any time. Reply STOP to any message to cancel. You will receive a confirmation and no further messages unless you opt in again. Reply HELP for help, or contact support@listingleads.com.
• Carriers are not liable for delayed or undelivered messages. Supported carriers may change without notice, and we do not guarantee that messages will be delivered to all devices or carriers.

We may modify or terminate the messaging program at any time. How we handle the phone numbers and opt-in information collected for this program is described in our Privacy Policy. We do not sell or share your mobile number or SMS opt-in consent with third parties for their own marketing purposes.

8. Access to the Services

We reserve the right to withdraw or amend the Services at our discretion. You are responsible for arranging your own access and for ensuring that anyone who accesses the Services through your connection understands and complies with these Terms.

9. Acceptable Use and Prohibited Conduct

You agree that you will not:

• Violate any law, regulation, or third-party right
• Use the Services, including any content, contacts, scripts, or messaging generated through the Services, to send unlawful, unsolicited, or non-compliant communications, including communications that violate the TCPA, CAN-SPAM, CASL, or other marketing and anti-spam laws
• Harvest, scrape, or collect data without authorization
• Attack, probe, overload, or attempt to gain unauthorized access to the Services
• Impersonate any person or misrepresent your affiliation
• Use automated tools to access the Services except as expressly permitted
• Introduce malware or interfere with the proper functioning of the Services
• Reproduce, resell, or use the Services or their content competitively
• Restrict or inhibit any other user's use or enjoyment of the Services

You are solely responsible for your own marketing and outreach and for obtaining any required consents from the people you contact. The Services are tools; you are the sender, and you must comply with all laws that apply to your communications.

10. Intellectual Property

10.1 Our Content

All website content, features, and functionality are owned by Listing Leads or its licensors and protected by copyright, trademark, and other laws. You may not reproduce, distribute, modify, or publicly display our content without permission.

10.2 Agent Tools and License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services and the templates, campaigns, scripts, and other materials we provide for your own real estate marketing. No ownership is transferred. You may not display, sublicense, or use the materials competitively against us.

10.3 Trademarks

The Listing Leads name, logo, and marks require our prior written permission to use.

10.4 Your Content and Feedback

You retain ownership of content you upload or input ("Your Content"). You grant us a worldwide, non-exclusive license to host, process, and use Your Content as needed to provide and improve the Services. You represent that you have the rights to Your Content. If you submit feedback or suggestions, you grant us the right to use them without restriction or compensation.

11. AI-Generated Content

The Services use third-party artificial intelligence providers to help generate marketing content such as emails, letters, text messages, call scripts, and images. AI-generated output may contain errors or inaccuracies and is provided for your review. You are responsible for reviewing, editing, and verifying all AI-generated content before use, and for ensuring that any communications you send comply with applicable laws. How data is shared with AI providers is described in our Privacy Policy.

12. Third-Party Services and Links

The Services may link to or integrate third-party sites, products, and services. We do not control and are not responsible for third-party content, offerings, or privacy practices, and a link does not imply endorsement. Your use of third-party services is governed by their terms.

13. Reliance, Disclaimers, and Limitation of Liability

13.1 No Reliance

Information provided through the Services is for general purposes only. We are not responsible for typographical errors, inaccuracies, or omissions, and any reliance is at your own risk. We do not guarantee any specific business result.

13.2 Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

We disclaim all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty regarding completeness, security, reliability, quality, accuracy, or uninterrupted or error-free operation.

13.3 Limitation of Liability

IN NO EVENT WILL LISTING LEADS OR MACKIN FERRY LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES.

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or related to the Services will not exceed the greater of the amounts you paid us in the twelve (12) months preceding the claim or one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Dispute Resolution and Arbitration

Before filing a claim, the parties agree to first attempt informal resolution by contacting support@listingleads.com. If a dispute is not resolved within 30 days, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Kent County, Delaware, except that either party may bring an individual claim in small claims court.

Class action and jury trial waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND LISTING LEADS WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

15. Indemnification

You agree to defend, indemnify, and hold harmless Listing Leads, Mackin Ferry LLC, and their officers, members, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use or misuse of the Services, your communications with third parties, or your violation of these Terms or any law.

16. Termination

We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, the licenses granted to you end, while provisions that by their nature should survive (including Sections 10, 13, 14, 15, and 18) will survive.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Subject to Section 14, the exclusive jurisdiction and venue for any matter not subject to arbitration is the state and federal courts located in Kent County, Delaware, and you consent to personal jurisdiction there.

18. General Terms

18.1 Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, outages, carrier or vendor failures, labor disputes, or governmental actions.

18.2 Assignment

You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

18.3 Waiver and Severability

Our failure to enforce any provision is not a waiver. If any provision is held invalid, it will be limited or removed to the minimum extent necessary, and the remaining provisions remain in effect.

18.4 Notices

Legal notices to us must be sent to Mackin Ferry LLC, 850 New Burton Rd #201, Dover, DE 19904, with a copy to support@listingleads.com. We may provide notices to you by email or in-product notice.

18.5 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

19. Contact

Mackin Ferry LLC, 850 New Burton Rd #201, Dover, DE 19904.
Questions: support@listingleads.com