Terms of Service
1. What we provide
We provide private health insurance marketing leads and related services. Leads are provided “as is.” We make no guarantee regarding contact rate, appointment rate, conversion, or any business outcome. Results depend on your follow-up, speed-to-lead, and sales process.
2. Lead recirculation & suppression
- We may recirculate leads. We reserve the right to resell or recirculate purchased leads, including offering them as discounted aged leads beginning 90 days after delivery.
- Logging a sale protects it. When you mark a lead “Sold” in your agent dashboard, that lead is permanently suppressed — we never resell or recirculate it. Log the sales you close and they stay yours.
- Accurate reporting is required. The “Sold” status must reflect a genuine, closed sale. Falsifying sale logs — or otherwise manipulating lead dispositions to suppress recirculation, obtain replacements or credits, or distort reporting — is a material breach of these Terms and may result in immediate suspension or termination of your account and access, without refund.
3. Orders, subscriptions & billing
Leads may be purchased one-time or as a recurring order. By ordering you authorize us (or our payment processor) to charge your payment method for the price, frequency, and dates shown at checkout until the order is fulfilled or you cancel. Recurring orders may be paused, resumed, or canceled at any time — there is no minimum commitment term.
4. Refunds and replacements
If we don’t approve your order, you’re refunded in full. We review every first order before any leads are sent. If we can’t approve it, we refund the entire amount you paid and no leads are delivered to you.
Once your order is approved, sales are final: you waive the right to a refund and the right to dispute lead charges, except where required by law. In place of refunds we offer a bounded replacement guarantee:
- Replacement requests must be submitted within 72 hours of that lead being delivered to you. The clock runs per lead, from its own delivery — not from when your whole order finishes filling.
- We replace up to 25% of your order for eligible reasons only.
- Eligible: a disconnected, invalid, or wrong phone number on a freshly delivered lead. (We don’t route duplicates or out-of-area leads, so those don’t arise.)
- Not eligible: unresponsive leads (a valid number that doesn’t answer or won’t engage), “didn’t recall filling out the form,” free/bonus leads, or replacements of prior replacement leads.
5. Chargeback / dispute procedure
Before initiating any payment dispute or chargeback, you must submit written notice to contact@healthproleads.com and allow a reasonable opportunity to resolve it. Any unauthorized chargeback will incur a $500 administrative fee in addition to the disputed amount.
6. TCPA & outreach compliance — your responsibility
You are solely responsible for ensuring your use of leads complies with all applicable laws including the TCPA, TSR, CAN-SPAM, state “mini-TCPA” laws, do-not-call registries, and carrier guidelines. We capture a TrustedForm certificate on every lead documenting the consumer’s consent at opt-in, but you remain responsible for obtaining and maintaining any consents required for your own calls, texts, and emails. We do not warrant that a lead is compliant for your intended outreach; you assume all risk of contacting leads.
7. License & resale restriction
Lead data and our marketing materials and processes are our intellectual property. You receive a restricted, non-exclusive, non-transferable, non-sublicensable, revocable license to use purchased lead data solely for your own lawful insurance solicitation. You may not resell, license, transfer, rent, or redistribute purchased leads.
8. Insurance products & our advertising
8.1 We are not an insurance agency. Pro Leads LLC is a marketing and lead generation company. We are not an insurance agency, insurance producer, broker, agent, or third-party administrator, and we are not licensed to transact insurance in any state. We do not sell, solicit, negotiate, bind, or place insurance. We do not receive commissions on insurance sales and we do not accept compensation that is contingent on any application, enrollment, or policy issued. All amounts you pay us are fees for lead generation services, payable regardless of whether you sell anything.
8.2 You select the products. We do not recommend, endorse, evaluate, vet, or approve any insurance carrier, plan, product, or benefit arrangement. You alone determine which products you offer, to whom, and in which states. You are solely responsible for the suitability of every product you present or sell to any consumer, including any consumer whose information you obtained from us.
8.3 Licensing and appointments. You represent and warrant that you hold, and will maintain for as long as you use leads obtained from us, all insurance licenses, appointments, certifications, and registrations required in every state in which you contact, solicit, or transact with consumers, and that you are authorized by the applicable carrier or plan sponsor to market each product you offer. You will notify us promptly if any license, appointment, or authorization is suspended, revoked, or lapses, or if any product you market becomes the subject of a regulatory action, consumer alert, or order in any state where you sell.
8.4 What our advertising says, and does not say. We generate leads through advertising we produce. That advertising describes general categories of private health insurance products and general market conditions. It does not identify, describe, endorse, or represent any specific carrier, plan, product, or benefit arrangement, and we do not select or influence the product any consumer is ultimately offered. Any premium ranges, cost estimates, or savings figures appearing in our advertising are general market illustrations. They are not quotes, are not offers of coverage, are not specific to any carrier or plan, and are not guarantees of eligibility, price, or benefits.
8.5 A lead is not a qualification. A lead indicates only that a consumer responded to general advertising regarding private health insurance and provided their information. It is not a representation that the consumer is eligible for, has been screened for, has been quoted, or has been promised any specific plan, premium, benefit, or type of coverage. You are solely responsible for everything you present to a consumer and for how you describe any product, at every stage of your sales process.
8.6 No representation as to coverage type. We make no representation that any product you sell is comprehensive major medical coverage, is compliant with the Affordable Care Act, is issued by a licensed insurer, or provides any particular benefit. You are solely responsible for accurately characterizing the coverage you sell, including any limitations, exclusions, underwriting requirements, or non-insurance status, at the point of sale and in all communications with consumers.
8.7 Scope of consent. The consent captured at opt-in and documented by the TrustedForm certificate relates to contact regarding health insurance. You may not use lead data to market unrelated products or services, and you may not use it for any purpose outside your own lawful insurance solicitation as described in Section 7.
8.8 Errors and omissions coverage. You represent that you maintain errors and omissions insurance appropriate to the products you sell, and will provide a certificate of coverage upon our request.
8.9 Indemnification for insurance activities. In addition to Section 11, you agree to defend, indemnify, and hold harmless Pro Leads LLC from any claim, demand, investigation, regulatory action, penalty, fine, or proceeding arising out of or relating to: (i) any insurance or benefit product you market, recommend, or sell; (ii) your licensure, appointment, or authority to sell any product; (iii) any representation you make to a consumer; (iv) the suitability of any product for any consumer; (v) how you characterize any coverage; or (vi) any use of lead data outside the scope permitted by these Terms.
8.10 Right to decline or terminate. We may decline to sell leads to you, or terminate your access, at our sole discretion, including where we believe the products you market or the manner in which you market them may not comply with applicable law. Declining or terminating is not a determination regarding the legality of any product and does not create any duty on our part to review, monitor, or evaluate the products you sell.
9. Disclaimer of warranties
The services and all leads are provided “as is” and “as available” without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of liability
To the fullest extent permitted by law, our total liability for any claim arising out of these Terms or the services shall not exceed the amount you paid us in the three (3) months preceding the claim. We are not liable for indirect, incidental, punitive, or consequential damages, including TCPA or other statutory damages, lost profits, or attorney fees.
11. Indemnification
You agree to indemnify, defend, and hold harmless Pro Leads LLC and its affiliates, officers, and employees from any claims, damages, fines, penalties, and attorney fees arising out of your use of the services, your violation of these Terms, your violation of any law including the TCPA, or any consumer or regulator claim relating to your outreach.
12. Arbitration & class-action waiver
Any dispute arising out of these Terms or the services shall be resolved by final and binding arbitration under the rules of the American Arbitration Association. You waive the right to a jury trial and may bring claims only in your individual capacity, not as a class representative or member.
13. Governing law, venue & time limit
These Terms are governed by the laws of the State of Utah without regard to conflict-of-law principles. Any arbitration or permitted court proceeding shall occur exclusively in Washington County, Utah. Any claim must be filed within one (1) year of the event giving rise to it or be permanently waived.
14. Termination & entire agreement
We may suspend or terminate services for any violation of these Terms or applicable law; you remain responsible for fees due through termination. These Terms, with the Privacy Policy and any order agreements, are the entire agreement between you and us.
Pro Leads LLC (HealthProLeads.com) · contact@healthproleads.com