Terms of Service

1. Acceptance

These Terms of Service govern your use of the websites, landing pages, forms, and services of LinkLead Media Inc. ("we," "us," "our"). By visiting our sites, entering information into our forms, booking a consultation, signing a Client Services Agreement, or submitting payment, you agree to be bound by these Terms and our Privacy Policy.

You represent that you are at least 18 years old and, where you act for a business, that you are authorised to bind that business.

Sections 2 through 5 apply to everyone who uses our sites. Sections 6 through 11 apply additionally to clients who purchase our services.

2. What We Do

We provide advertising, lead qualification, and appointment-setting services to home-improvement contractors, principally on a pay-per-appointment basis. Nothing on our websites is an offer of employment, a franchise, a business opportunity, or a security.

3. Requesting a Consultation

Our sites invite you to request a consultation by providing your contact details and selecting an appointment time. Booking a consultation creates no obligation on either party beyond attending, and no fee is charged for it.

3.1 Information entered before submission

You may ask us to delete a partial entry, or to stop contacting you, at any time — see Section 4 and our Privacy Policy.

4. Consent to Be Contacted

By providing your telephone number to us, including by entering it into a form you do not complete, you agree that we and those acting on our behalf may contact you at that number about your inquiry and our services by telephone call, prerecorded or artificial voice, automated dialing system, and SMS text message.

CONSENT TO RECEIVE CALLS OR TEXTS IS NOT A CONDITION OF PURCHASING ANY GOODS OR SERVICES. MESSAGE FREQUENCY VARIES. MESSAGE AND DATA RATES MAY APPLY.

Reply STOP to any text message to opt out of SMS, or HELP for assistance. To stop calls or emails, tell us on any call, use the unsubscribe link in any email, or write to ethan@linkleadmedia.com. We honour opt-outs promptly and maintain an internal do-not-contact list. We do not sell or share your number with third parties for their marketing.

5. Acceptable Use of Our Sites

You agree not to:

• Submit false, misleading, or third-party contact details without authority
• Book appointments you have no intention of attending, or book repeatedly to occupy availability
• Attempt to access, probe, scrape, or interfere with our systems or those of our providers
• Copy, reproduce, or repurpose the content, structure, or copy of our sites

We may refuse service, cancel appointments, and block access at our discretion.

6. Client Services, Fees, and Billing

Where you engage us as a client, the specific scope, pricing, appointment definitions, and term are set out in your Client Services Agreement or written proposal, which forms part of these Terms. Where there is a conflict, that Agreement governs.

Unless your Agreement states otherwise:

• Fees are charged per qualified appointment as defined in your Agreement
• Invoices are payable on the terms stated in your Agreement
• Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend delivery while amounts are outstanding
• Advertising spend on third-party platforms is separate from our fees unless expressly stated

6.1 Appointment credits

Where your Agreement provides for credits — for example for a no-show, a homeowner cancellation, or an appointment outside your service area — those credits are your sole and exclusive remedy in respect of the appointment concerned, and are applied as set out in your Agreement.

7. No Refunds

Except where an appointment credit applies under Section 6.1, or where a refund is required by law, all payments are non-refundable. You acknowledge that we do not guarantee any specific number of sales, contracts, conversions, or revenue, and that refunds will not be issued on the basis of dissatisfaction with results, lead responsiveness, or perceived performance.

If you dispute a charge, you agree to contact us first and allow thirty (30) days to resolve it. Initiating a chargeback without doing so is a breach of these Terms, and we may recover the disputed amount together with reasonable costs of recovery.

8. Your Responsibilities as a Client

Our results depend substantially on your own execution. You are responsible for:

• Attending booked appointments and responding to leads promptly
• Your own sales process, pricing, quoting, and workmanship
• Holding all licences, insurance, and permits required for your trade
• Your own compliance with laws governing your contact with consumers, including the Telephone Consumer Protection Act, state telemarketing and do-not-call rules, CAN-SPAM, and equivalent Canadian legislation
• The accuracy of any claims, offers, or pricing you ask us to advertise on your behalf

9. Disclaimer of Warranties

OUR SITES AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that any lead or appointment will convert, that any homeowner will proceed with work, or that our sites will be uninterrupted or error-free. We do not control third-party advertising platforms and are not responsible for their decisions, outages, policy changes, or account actions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability for fraud, wilful misconduct, or any liability that cannot lawfully be excluded. Where a jurisdiction does not permit some of these limitations, they apply to the fullest extent permitted there.

11. Indemnification

You agree to indemnify and hold harmless LinkLead Media Inc. and its officers, directors, employees, and contractors from any claim, demand, loss, liability, or expense, including reasonable legal fees, arising out of:

• Your use of our sites or services
• Your breach of these Terms
• Your violation of any law, including telemarketing, consumer protection, licensing, or advertising law
• Any dispute between you and a homeowner or customer, including in respect of work performed, quoted, or refused

12. Intellectual Property

All content, creative, copy, funnels, systems, processes, and materials we create or supply remain our exclusive property. During the term of your engagement you receive a limited, non-exclusive, non-transferable licence to use them for your own business. That licence ends when your engagement ends. You may not resell, sublicense, or reproduce them for any other business.

You retain ownership of your own trade marks, photographs, and materials, and grant us a licence to use them for the purpose of providing the services.

13. Confidentiality

Each party will keep confidential the non-public information of the other disclosed in connection with the services, and use it only for the purposes of the engagement. This obligation survives termination.

14. Term and Termination

Either party may terminate as set out in the Client Services Agreement. We may suspend or terminate immediately for non-payment, breach of these Terms, or conduct that exposes us to legal or platform risk. On termination, accrued fees remain payable and licences granted under Section 12 end.

15. Dispute Resolution

Before commencing any proceeding, you agree to notify us in writing at ethan@linkleadmedia.com describing the dispute, and to allow sixty (60) days for good-faith resolution.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. You and we submit to the exclusive jurisdiction of the state and federal courts located in Delaware, and consent to personal jurisdiction there.

To the extent permitted by law, each party waives any right to a trial by jury and to participate in a class or representative action.

16. Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, civil unrest, labour disputes, utility or internet failures, platform outages or policy changes, and governmental action.

17. General

We may amend these Terms at any time by posting a revised version with an updated Effective Date; continued use constitutes acceptance. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger or sale of assets. These Terms, together with any Client Services Agreement and our Privacy Policy, are the entire agreement between us and supersede prior discussions.

18. Contact

LinkLead Media Inc.
8 The Green, Suite B, Dover, DE 19901
ethan@linkleadmedia.com
+1 360-803-1586