These Terms & Conditions ("Terms") govern your access to and use of the websites, APIs, data feeds, and services (collectively, the "Services") offered by Powerful Proximity Consulting, a division of PPC Media Services ("Powerful Proximity," "we," "us," or "our"). By accessing the Services or purchasing any data product, you agree to these Terms.
1. Eligibility
The Services are intended for licensed businesses and their authorized representatives operating in the mortgage, debt-relief, solar, insurance, home-services, and adjacent verticals. You represent that you have the legal capacity and authority to enter into these Terms on behalf of your organization.
2. Client Account and Orders
Data programs are provisioned under a signed insertion order or master services agreement ("MSA"). In the event of a conflict between these Terms and a signed MSA, the MSA controls. Volume, filters, price, delivery method, and return policy are defined per campaign.
3. License to Use Consumer Records
Subject to payment and continued compliance, we grant the Client a limited, non-exclusive, non-transferable, non-sublicensable license to use each delivered consumer record for the purpose disclosed in the underlying consumer opt-in and for no other purpose. Records may not be resold, re-licensed, appended, aggregated into another list product, or transferred to any third party without our prior written consent.
4. Client Compliance Obligations
Client is solely responsible for:
- Compliance with all applicable federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), CAN-SPAM Act, California Consumer Privacy Act (CCPA/CPRA), GDPR, and state debt-relief, mortgage-lending, and solar-marketing laws.
- Scrubbing records against internal Do Not Call/Do Not Contact lists prior to outreach.
- Honoring consumer requests to opt out, delete, or limit contact within the timeframes required by law.
- Maintaining any state or federal licenses required for the products or services being marketed.
- Providing accurate caller-ID and mailer-identification information.
5. Compliance Artifacts
Where available, delivered records include TrustedForm certificates, Jornaya LeadiD tokens, IP address, timestamp, and the URL where consent was captured. Client is responsible for retrieving, storing, and preserving these artifacts for the duration required by law.
6. Return, Credit, and Dispute Policy
Real-time and live-transfer records may be returned for credit within the timeframes defined in the applicable insertion order, generally 24 to 72 hours after delivery, for reasons including wrong-number, disconnected, duplicate, or Do Not Call registrations. Aged records are sold as-is subject to a stated deliverability guarantee. All return requests must be submitted with substantiating evidence.
7. Payment Terms
Unless otherwise stated in the insertion order, invoices are due Net-7 from delivery. Past-due balances accrue interest at the lesser of 1.5% per month or the maximum permitted by law. Continued delivery is contingent on account being in good standing.
8. Intellectual Property
The Services, including all software, databases, methodologies, and documentation, are the exclusive property of Powerful Proximity Consulting and its licensors. Nothing in these Terms transfers ownership to Client.
9. Confidentiality
Each party will protect the other's non-public business information using at least the same degree of care it uses to protect its own confidential information and in any event no less than reasonable care.
10. Warranties and Disclaimers
Powerful Proximity warrants that consumer records are sourced through vetted partners and captured through opt-in landing pages with disclosed consent language. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR CONVERSION PERFORMANCE OF ANY RECORD.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWERFUL PROXIMITY'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY CLIENT TO POWERFUL PROXIMITY IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
Client will indemnify, defend, and hold harmless Powerful Proximity from any third-party claim, fine, or liability arising out of Client's misuse of consumer records, non-compliance with law, or breach of these Terms.
13. Release of Liability and Transfer of Responsibility
Client expressly acknowledges and agrees that, upon delivery of any consumer record, data file, list, lead, live transfer, or other data asset (collectively, "Data") and receipt of payment, full custody, control, and responsibility for that Data transfers to Client. From the moment of delivery forward, Client assumes all risk and sole responsibility for how the Data is stored, secured, contacted, marketed to, retained, refreshed, resold (where permitted), suppressed, or disposed of.
Client releases, waives, and forever discharges Powerful Proximity Consulting, PPC Media Services, and each of their parents, subsidiaries, affiliates, officers, directors, members, employees, contractors, data partners, and agents (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, fines, penalties, judgments, settlements, losses, damages, costs, and expenses (including reasonable attorneys' fees) of any kind, whether known or unknown, arising out of or relating to:
- Client's use, misuse, re-use, resale, appending, aggregation, or transfer of the Data;
- Contact attempts made using the Data, including calls, texts, emails, ringless voicemails, direct mail, or door-to-door outreach;
- Use of aged, expired, stale, or previously delivered Data beyond the freshness window or license scope disclosed at the time of sale;
- Failure by Client or its downstream vendors to scrub against internal, state, or federal Do Not Call / Do Not Contact registries prior to outreach;
- Alleged or actual violations of the TCPA, TSR, CAN-SPAM, CCPA/CPRA, GDPR, state UDAP statutes, state debt-relief or mortgage-marketing laws, or any other federal, state, or local law or regulation;
- Any complaint, arbitration demand, class action, regulatory inquiry, enforcement action, or private litigation brought by a consumer, competitor, attorney general, regulator, or other third party against Client or any Released Party as a result of Client's use of the Data;
- Any financial, reputational, operational, or consequential outcome — including lost revenue, chargebacks, carrier flagging, spam labeling, or business disruption — that Client experiences as a result of using the Data.
The Released Parties make no guarantee of contact rate, connection rate, conversion, deliverability beyond any stated match rate, TCPA compliance of Client's dialing configuration, or the ongoing accuracy of any Data after the time of delivery. Consumer contact information changes constantly, and Client is solely responsible for validating, re-scrubbing, and refreshing Data prior to each use.
This release is intended to be construed as broadly as permitted by applicable law. Client knowingly and voluntarily waives any statute, rule, or common-law doctrine that would otherwise limit the effect of a general release, including any waiver of unknown claims. Nothing in this section limits liability that cannot be waived as a matter of law.
14. Suspension and Termination
We may suspend or terminate the Services immediately, without notice, for suspected non-compliance with law, breach of these Terms, non-payment, or activity that jeopardizes our data supply chain or partner relationships.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles. Exclusive venue for disputes lies in the state or federal courts located in Carroll County, Georgia, and each party consents to personal jurisdiction there.
16. Changes
We may revise these Terms from time to time. Material changes will be posted on this page and will take effect upon posting. Continued use of the Services constitutes acceptance of the revised Terms.
17. Contact
For questions about these Terms, please reach out via our contact form.
This page is maintained by Powerful Proximity Consulting and is provided for informational purposes only. It is not legal advice and is not an independent certification. Please consult your own counsel before relying on it.