Terms of Service

Agreement

Lamb Leads is a product of Lamb Services LLC, a California limited liability company. Lamb Services LLC operates the Lamb Leads service and the website at lamb-leads.com, and is the entity registered with mobile carriers for the text-message programme described in these pages. "Lamb Leads" is the name of the service; Lamb Services LLC is the company behind it.

These terms are an agreement between you and Lamb Services LLC. Where these terms say "we" or "us", they mean Lamb Services LLC. By subscribing to a territory or using the service, you accept them. If you are accepting on behalf of a company, you confirm you are authorised to bind it.

What the service is

We collect county and municipal public health inspection records and other government records published in the areas we cover — for example, county health inspection records — identify the ones that describe a problem a particular trade fixes, and make those available to one contractor per trade per territory.

The underlying records belong to the authorities that published them. We republish and organise them; we do not verify their accuracy, and we cannot correct them. If a record is wrong, it is wrong at its source and must be corrected with the authority that published it.

Lamb Leads is an independent business. It is not affiliated with, endorsed by, sponsored by, or acting on behalf of San Diego County, the County of San Diego Department of Environmental Health and Quality, or any other government agency.

Our supply of records depends on third parties we do not control. A publishing authority may change what it publishes, how it publishes it, or whether it publishes at all, and it may block automated access. If that happens we may be unable to supply new records for the area affected. We do not guarantee that any authority will continue publishing, and we do not warrant that the supply will continue.

What we do not promise

What you are buying is exclusive access to a territory for a trade. That is the whole of what we sell, and it is important to be plain about what it is not.

We do not guarantee any number of leads. We do not promise any particular number of leads, we do not promise a minimum, and no figure quoted anywhere — on this site, in an email, in a conversation, or in a proposal — forms part of this agreement or is a commitment of any kind. Any figure you have seen is a description of what has happened historically and is illustrative only.

We do not guarantee any outcome. We do not promise that you will win work, that you will make money, that any lead will answer the telephone, or that any lead will want what you sell. No result of any kind is guaranteed.

How many records appear in your territory depends on how many inspections the responsible authority carries out there and what its inspectors find. We do not control either, we do not influence either, and neither is predictable.

Exclusivity

While your subscription is active, we will not sell access to the same trade in the same territory to anyone else. That is the exclusivity you are paying for.

Exclusivity is per trade and per territory. Another contractor in a different trade may hold the same territory, and you may hold the same trade in a different territory. Exclusivity does not mean that nobody else contacts the businesses in your territory; it means we do not supply the same records to a competitor in your trade.

If your subscription ends, for any reason, the exclusivity ends with it. The leads already delivered to your account remain yours and stay in your account, along with everything you have recorded against them. The territory becomes available to other contractors, and records published after your subscription ends go to whoever holds the territory then.

We may change territory boundaries. Territories are drawn from postcode groupings and some will turn out to be smaller than intended; where that happens we expand the territory rather than reduce the price. We will give you at least thirty days' written notice by email before a change to the boundary of a territory you hold takes effect. If a change is not acceptable to you, you may cancel before it takes effect.

Subscription and payment

Subscriptions are monthly, charged in advance, per territory per trade, at the rate agreed with you when you subscribe. There is no free trial.

Subscriptions renew automatically each month until cancelled. You may cancel at any time through the billing area of your account. Cancellation takes effect at the end of the period you have already paid for; we do not refund part of a month.

If a payment fails, we will suspend access to the application while it remains unpaid. Suspension does not delete anything: the leads already delivered to you, and everything you have recorded against them, remain in your account, and your territory is not resold while the subscription is merely unpaid. Access resumes as soon as a payment succeeds.

If a subscription remains unpaid, we may cancel it, at which point the exclusivity provisions above apply.

Outreach you send, and your responsibility for it

The product includes, or will include, features that send email to the businesses in your territory on your behalf, from your domain and under your name.

You are solely responsible for all outreach sent from your domain through the platform. That includes its content, its timing, who receives it, how often, and its compliance with the CAN-SPAM Act and every other law that applies to it. It is your message, sent in your name, and the recipient will understand it as coming from you.

Where you enable automated sending, messages are sent without a human reviewing each one before it goes. That is what automation means, and enabling it is your decision. You are responsible for what is sent whether or not you read it first.

You must maintain a working unsubscribe mechanism, honour every opt-out you receive within the time the law requires, keep a suppression list, and include a valid physical postal address in every message, as CAN-SPAM requires.

You will indemnify, defend and hold harmless Lamb Services LLC, its members, officers and agents, against any claim, demand, action, penalty, fine, loss, damage, liability, cost or expense, including reasonable legal fees, arising out of or relating to outreach sent by you or on your behalf through the platform, including any claim that it breached the CAN-SPAM Act, the Telephone Consumer Protection Act, any state equivalent, or any other law.

Either of us may stop automated sending at any time, immediately and without notice. You may switch it off in your account. We may switch it off if we believe it is being used unlawfully, if it is generating complaints, if it threatens the deliverability or reputation of the platform, or if we are required to. We do not have to give a reason before acting, and we will tell you promptly afterwards.

Telephone contact and the TCPA

The telephone numbers we supply are business telephone numbers taken from the government records we collect — for example, county health inspection records. We do not supply mobile numbers of individuals, and we do not supply numbers obtained from any source other than those public records.

The platform provides manual click-to-dial only. It presents a number for you to call and you place the call yourself. It does not dial automatically, it does not use an automatic telephone dialling system, it does not deliver artificial or prerecorded voice messages, and it does not send text messages to leads.

You must not use lead data for automated calling, predictive dialling, ringless voicemail, artificial or prerecorded voice messages, or text messaging to any lead. This restriction is absolute and is a condition of your access to the data.

You are responsible for your own compliance with the Telephone Consumer Protection Act and every other law governing telephone contact, including checking the numbers you call against applicable do-not-call registries and honouring any request to stop calling. The penalties are substantial and they fall on the caller.

What you may do with the lead data

You may use the records we supply to contact businesses in your territory about work you do, and to run your own sales process.

You may not resell, redistribute, sublicense, publish or otherwise make the records available to anybody else, whether or not for payment. You may not use them to build or contribute to a competing product, and you may not permit anyone outside your business to access your account.

Access is licensed to you for the term of your subscription. It is not a transfer of ownership of anything.

Text message notifications

If you provide a mobile number in your account settings, you are opting in to receive text messages from us telling you when new leads arrive in your territory. These are notifications about your own account. We do not send marketing text messages.

Message frequency varies, because it follows what the authorities in your territory publish. We send one message per batch of new leads rather than one per lead.

Message and data rates may apply.

Reply STOP to any message to opt out, or remove your number in your account notification settings. Reply HELP for help, or write to us at the address below.

Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and your handset, and neither is under our control.

Acceptable use

You must not use the service unlawfully, attempt to gain access to any account or data that is not yours, interfere with its operation, scrape or bulk-extract data from it by automated means, or reverse engineer it.

Your account

You are responsible for keeping your login credentials secure and for everything done under your account. Tell us promptly if you believe someone else has access to it. Accounts are for your business; do not share a login outside it.

Suspension and termination

We may suspend or terminate your access if you breach these terms, if your payment fails, if we are required to by law, or if your use of the service exposes us or the platform to legal or reputational risk. Where the circumstances allow, we will tell you first.

You may stop using the service and cancel at any time.

Disclaimer of warranties

The service is provided as it is and as it is available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

We do not warrant that the service will be uninterrupted, that it will be error-free, that the records it contains are accurate or complete, or that it will produce any particular result for your business.

Limitation of liability

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business or lost data, however caused.

To the fullest extent the law allows, our total liability arising out of or relating to this agreement will not exceed the total amount you paid us in the twelve months before the event giving rise to the claim.

Nothing in this agreement limits any liability that cannot lawfully be limited.

Governing law and disputes

This agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules.

If a dispute arises, we both agree to try to resolve it informally first. Write to us describing the dispute and what you want, and we will have sixty days to try to settle it before either of us starts a formal proceeding.

If it cannot be settled, any dispute arising out of or relating to this agreement will be resolved by binding arbitration administered in San Diego County, California, under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction. Each of us waives the right to a trial by jury.

Each of us agrees to bring claims only in an individual capacity, and not as a plaintiff or class member in a class, collective or representative proceeding. Either of us may still bring an individual claim in small claims court.

If the class-action waiver in the paragraph above is found unenforceable, the arbitration agreement in this section does not apply to the claim to which it was found unenforceable, and that claim will be heard in a court in San Diego County, California.

Changes to these terms

We may change these terms. If we do, we will update the date at the top of this page, and where a change materially affects your rights we will tell you by email to the address on your account at least thirty days before it takes effect. Continuing to use the service after that means you accept the change. The current version is always at https://lamb-leads.com/terms.

General

If any provision of these terms is held unenforceable, the rest remains in force and the unenforceable provision is limited to the minimum extent necessary.

Our failure to enforce a provision is not a waiver of it.

You may not assign this agreement without our written consent. We may assign it in connection with a merger, acquisition or sale of the business.

These terms, together with the privacy policy, are the whole agreement between us about the service, and replace anything said or written before.

Contact

Questions about these terms should go to wyatt@lamb-services.com, or by post to Lamb Services LLC, 640 Richland View Ct, San Marcos, CA 92069.