These Terms of Service ("Terms") govern your access to and use of the website located at https://leadfortyone.com/ (the "Site") and the lead generation and outbound marketing services (the "Services") offered by Lead Forty One, a registered trade name of 7 Mountain 41 Holdings LLC ("Company," "we," "us," or "our"). By accessing the Site or using the Services, you ("you," "User," or "Customer") agree to be bound by these Terms. If you do not agree, you must not access the Site or use the Services.
The Company provides lead generation and outbound marketing services for businesses. This includes managed outbound email outreach conducted on behalf of the Company's clients, sourcing of business contact information from third-party data providers, and the forwarding of interested prospects to clients. The specific scope, deliverables, and pricing applicable to any paid engagement are set forth in a separate written Service Agreement entered into between the Company and the Customer. In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement controls with respect to the paid Services.
The Services are intended solely for users who are at least eighteen (18) years old and who are accessing the Services for business purposes. By using the Services, you represent and warrant that you meet this requirement and that you have the authority to enter into these Terms on behalf of yourself or the entity you represent.
To engage the Services, you may be required to submit an inquiry or intake form and provide accurate, current, and complete information. You are responsible for maintaining the accuracy of the information you provide and for all activity conducted in connection with your engagement. The Company may assume that any communications received from your provided contact information were made by you.
The Services are offered on a subscription basis, billed monthly or annually as selected by the Customer. All fees are stated and payable in U.S. dollars and are processed through a third-party payment processor. The Company does not collect or store full payment card details.
By subscribing, you authorize the Company (through its payment processor) to charge your designated payment method on a recurring basis at the then-current rate for your subscription tier, until the subscription is cancelled in accordance with these Terms. Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to renewal as set forth below. The Company reserves the right to change its pricing, with changes to recurring fees applying to subsequent billing cycles.
If a payment fails or is declined, you agree to remedy the failed payment within seven (7) days. Failure to do so may result in suspension or cancellation of the Services.
The Company's standard monthly rates by subscription tier are: Starter — $300 per month; Growth — $600 per month; Pro — $1,000 per month. These standard monthly rates are used to calculate any applicable refund for annual subscriptions as described below.
a. Monthly Subscriptions. All payments to the Company are non-refundable. Because the Company's Services consist of work performed on the Customer's behalf during each billing period, fees for Services already rendered cannot be refunded. Subscriptions may be cancelled at any time and will remain active through the end of the current billing cycle. No partial or prorated refunds are issued for the current billing period. To prevent the next renewal charge, the Customer must provide cancellation notice at least thirty (30) days prior to the next billing date by emailing support@leadfortyone.com.
b. Annual Subscriptions. Annual subscribers may cancel at any time with thirty (30) days' written notice. The first thirty (30) days of an annual subscription are non-refundable to cover onboarding and campaign setup. Upon cancellation, Service continues through the 30-day notice period, after which the Company will refund the unused portion of the prepaid annual fee. The refund is calculated by charging the Customer the Company's standard monthly rate for the subscription tier purchased — Starter at $300 per month, Growth at $600 per month, or Pro at $1,000 per month — for each month (or partial month) of Service provided, and refunding the remaining balance. By cancelling prior to the completion of the twelve (12) month term, the Customer forfeits the discount associated with annual prepayment, and all months of Service rendered are billed at the standard monthly rate.
c. Discretionary Remedies. In the event of dissatisfaction, the Company may, at its sole discretion, offer remedies such as additional Service, extended campaign time, or account credit. Any such remedies are provided as a courtesy and do not constitute an obligation or entitlement.
You acknowledge and agree that you are solely responsible and liable for your use of the Services and any data, leads, or communications obtained through or in connection with the Services. You are solely responsible for your own understanding of, and compliance with, all applicable laws governing your marketing and use of personal information, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, and applicable state privacy laws.
The Company makes no representation regarding what any applicable law may or may not require of you. To the extent any law or regulation requires that you provide notice, obtain consent, or take any other action to lawfully market to any person or process their personal information, you represent and warrant that you will obtain such notices or consents or otherwise complete such action on your own behalf.
You agree that you will not use the Services, or any leads or data provided through the Services, in any manner that violates applicable law, infringes the rights of any third party, or is fraudulent, deceptive, harassing, or otherwise unlawful.
The Company sources business contact information from third-party data providers and conducts outreach in a manner relating to recipients' profession, business, or employment. All outreach conducted by the Company includes a valid physical mailing address and a clear method to opt out of future communications, and opt-out requests are honored within ten (10) business days.
Where the Customer engages the Company to conduct outreach on the Customer's behalf, the Customer authorizes the Company to send communications that identify, represent, or promote the Customer's business, products, or services to prospective customers, and to use the Customer's business name, branding, and provided materials solely for the purpose of performing the Services. The Customer represents and warrants that it has the authority to grant such permission and that the products or services being promoted are legitimate and lawful. The specific terms of this authorization are set forth in the separate Service Agreement.
The Company is not responsible or liable for the acts or omissions of third parties, including third-party data providers, payment processors, email delivery platforms, or clients. The Company does not guarantee the accuracy, completeness, or deliverability of data obtained from third-party providers.
All content on the Site and in the Services, including text, graphics, logos, designs, and the Company's trademarks and service marks (collectively, the "Content"), is owned by or licensed to the Company and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purpose. You may not copy, reproduce, distribute, modify, or create derivative works from the Content without the Company's prior written permission. Any feedback or suggestions you provide may be used by the Company without restriction or compensation to you.
The Site may contain links to third-party websites or services that are not owned or controlled by the Company. The Company is not responsible for the content, privacy practices, or availability of any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and policies of those third parties.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL GENERATE ANY PARTICULAR NUMBER OF LEADS, RESULTS, SALES, OR OUTCOMES. THE COMPANY MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA OR CONTENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DAMAGES (COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE) AS A RESULT OF A DATA BREACH. THE COMPANY IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES.
You agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation, including marketing and data privacy laws; or (d) your violation of the rights of any third party.
Each party may have access to non-public, proprietary, or confidential information of the other party in connection with the Services. Each party agrees to protect the other's confidential information with reasonable care, to use it only for purposes of performing under these Terms, and not to disclose it to third parties except to its representatives who need to know it and are bound by comparable obligations, or as required by law.
These Terms remain in effect while you use the Site or Services. The Company reserves the right, in its sole discretion and without notice or liability, to suspend or terminate your access to the Site or Services for any reason, including any breach of these Terms or applicable law. Provisions that by their nature should survive termination — including those relating to intellectual property, disclaimers, limitation of liability, indemnification, confidentiality, and dispute resolution — will survive.
The Company reserves the right to modify these Terms at any time. When changes are made, the Company will update the "Effective Date" above and, where changes are significant, provide reasonable notice. Your continued use of the Site or Services after changes become effective constitutes acceptance of the modified Terms. The Company may also change, suspend, or discontinue any aspect of the Site or Services at any time.
These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
Please read this section carefully. It affects your legal rights.
a. Informal Resolution. Before initiating any formal proceeding, the parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Services (a "Dispute") through good-faith informal negotiation for at least thirty (30) days after written notice of the Dispute is provided to support@leadfortyone.com.
b. Binding Arbitration. If the parties cannot resolve a Dispute through informal negotiation, the Dispute shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules. The arbitration shall be conducted by a single arbitrator and shall take place in the State of New Jersey. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU AND THE COMPANY ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
Customer Initials: _______
c. Class Action Waiver. The parties agree that any arbitration or proceeding shall be conducted only in their individual capacities and not as a plaintiff or class member in any purported class, collective, or representative proceeding. YOU AND THE COMPANY EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR TO SEEK RELIEF ON A CLASS BASIS.
Customer Initials: _______
d. Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. For any Dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Somerset County, New Jersey.
e. Survival. This Section survives termination of these Terms.
By using the Site, submitting forms, or communicating with the Company electronically, you consent to receive communications from the Company electronically, and you agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures and records in connection with the Services.
These Terms, together with any signed Service Agreement and the Company's Privacy Policy, constitute the entire agreement between you and the Company regarding the Site and Services. If any provision is found unlawful, void, or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. The Company's failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without the Company's prior written consent; the Company may assign these Terms freely. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and the Company.
For questions regarding these Terms, contact:
Lead Forty One
971 US Highway 202N STE R
Branchburg, New Jersey 08876
Email: support@leadfortyone.com