HOMEFIELD / TERMS OF SERVICE

Terms of Service

1. Who we are, and what these terms cover

“Homefield” is a service of Homefield Growth LLC, a California limited liability company (“Homefield,” “we,” “us”), with a mailing address at 14320 Ventura Blvd #1137, Los Angeles, CA 91423. These Terms of Service (the “Terms”) govern your use of this website and, together with any written order, proposal, or onboarding confirmation we issue to you (an “Order”), the marketing services we provide to business clients. If an Order conflicts with these Terms, the Order controls for that engagement.

Our services are offered to businesses only. By using the services you represent that you are acting for a business, not as a consumer, and that you have authority to bind that business. If you do not agree to these Terms, do not use the services.

2. The services

Homefield provides business-to-business marketing services: we design and run outbound email campaigns to homeowners within a territory you select, and we deliver to you the replies from homeowners who express interest (each a “Qualified Lead,” defined below). “Territory” means the set of ZIP codes assigned to you at onboarding, as recorded in your Order.

Homefield is a marketing-services provider only. We are not an insurance producer or agency, a real estate broker or agent, a contractor, or a lender; we do not sell insurance, real estate, home services, or financial products to consumers; we take no payments from consumers; and we do not sell consumer data. You remain solely responsible for the products and services you sell, for holding every license your industry and your states require, and for your own conduct toward the homeowners you contact.

3. Onboarding and campaign approval

During onboarding you will (a) confirm your Territory; (b) provide accurate business information, including your legal name, licenses where applicable, and the branding to be used in campaigns; and (c) review and approve the sender identity, every email sequence, and the targeting parameters before anything is sent on your behalf. Nothing is sent without your approval, and campaigns are sent at your direction, on your behalf, and under your business identity. By approving campaign content you represent and warrant that it is truthful, substantiated, not misleading, and lawful for your industry and your states, and each campaign we run in reliance on your approval is run as your agent for that purpose. Campaigns are sent from dedicated sending domains that we register, own, and manage, using a sender identity you approve. We may decline or suspend any campaign content that we reasonably believe is unlawful, deceptive, or likely to harm deliverability or our reputation — but our right to decline is a courtesy, not a review service, and does not shift responsibility for your campaigns to us.

4. You are the sender; we facilitate

Every message we send on your behalf is sent using a sender identity, subject lines, and body copy that you have reviewed and approved in advance. Those messages advertise and promote your business, are transmitted at your direction, and are sent under your business identity. Accordingly, you are the sender of each campaign message for purposes of the CAN-SPAM Act and any comparable federal or state law, and Homefield acts solely as a facilitator — a service provider that operates the sending infrastructure and executes campaigns on your behalf. To the extent any law distinguishes a “sender” from an “initiator,” you are the sender whose product or service is advertised or promoted in each message; we do not originate or transmit any message you have not approved.

It follows that: (a) you are responsible for the content, claims, offers, and accuracy of all approved copy, including any changes you request; (b) you are responsible for compliance with the CAN-SPAM Act — truthful headers and subject lines, accurate identification of the sender, a valid postal address, a functioning opt-out mechanism, and prompt honoring of opt-outs — and with every other law that applies to your marketing; (c) the best-practice mechanics we implement under Section 10 are operational assistance we provide as your service provider, not an assumption of your obligations as sender; and (d) we do not send, and are not responsible for, copy you have not approved.

Approval may be given in writing, by email, or through the onboarding review we conduct with you. If you learn that approved copy has become inaccurate, or you want it changed, tell us and we will change it; until you do, the copy in market is the copy you approved, and your continued acceptance of leads from a campaign confirms your approval of that campaign.

5. Qualified Leads and billing

A “Qualified Lead” is a reply from a homeowner in your Territory expressing interest in your services — for example, asking for a quote, an estimate, a valuation, or an offer; asking what you would charge; or asking to be contacted. We do not bill for bounces, automatic replies, unsubscribe requests, out-of-territory contacts, duplicates, wrong contacts, hostile replies, or replies declining interest.

Rates are confirmed in writing in your Order. For home insurance, unless your Order states otherwise, the price is $35 per Qualified Lead for 60–99 leads per calendar month (Starter), $30 for 100–199 (Elite Growth), and $25 for 200 or more (Scale). The minimum monthly lead volume is 60 Qualified Leads, starting at $2,100 per month. Certain products, including real estate agents’ just-listed and just-sold campaigns, use the flat campaign rate stated in your Order.

Invoices are issued twice monthly, on the 1st and 15th of each month, in advance for Qualified Leads in the upcoming billing period (approximately two weeks). If either billing date falls on a Saturday or Sunday, billing occurs on the next business day. Invoice amounts are based on the lead volume and rates agreed in your Order, are itemized by lead quantity and rate, and are due on receipt. Each lead and its full reply thread are provided as the lead is delivered. You are responsible for applicable taxes other than taxes on our income. Amounts more than 15 days past due may accrue interest at the lesser of 1.5% per month or the maximum lawful rate, and we may pause campaigns and lead delivery for accounts that are past due.

6. Lead disputes, credits, and refunds

If you believe a lead was billed in error — it does not meet the Qualified Lead definition, is a duplicate, or is outside your Territory — notify us within 7 days of delivery. If we agree, we will credit it against your next invoice or remove it. If a billing error results in an overcharge, notify us within 30 days of the charge and we will correct it with a credit or a full refund at your choice. Our Refund Policy states these rules in plain language. Except as stated in this section or required by law, fees for services already performed are non-refundable.

7. Territory exclusivity

While your account is active and in good standing, we will not run campaigns for another client in the same industry in your assigned ZIP codes, and we de-duplicate across our network so a homeowner in your Territory is not contacted on behalf of a competing client. Different industries may hold the same ZIP codes. Replies generated in your Territory belong to you, including follow-up conversations after delivery. Territory assignments are released 30 days after your account becomes inactive or past due, and may then be offered to other businesses.

8. Your responsibilities

9. Phone numbers are supplemental; Do Not Call is your responsibility

Some records we deliver may include a telephone number drawn from public records or licensed data providers. Any phone number we provide is supplemental information, furnished as a convenience only, on an “as is” basis, and is not part of the Qualified Lead you are billed for. You agree to the following before using any such number.

10. Compliance: best practices from us, ultimate responsibility yours

11. Intellectual property

We own the Homefield services, our data, templates, software, and methods, and everything we develop in providing the services, other than your business identity and marks. You grant us a limited, non-exclusive license to use your name, logo, and approved content solely to perform the services during the engagement. We grant you a limited license to use campaign materials we prepare for you solely in connection with the services. Neither party acquires the other’s intellectual property.

12. Confidentiality

Each party will protect the other’s non-public business information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to employees and contractors who need it and are bound by comparable obligations, or where disclosure is required by law. This obligation survives termination for two years; trade secrets are protected for as long as they remain trade secrets.

13. No guarantee of results; disclaimers

Marketing outcomes depend on factors we do not control, including your territory, market conditions, your pricing, and the speed and quality of your follow-up. Reply rates, close rates, and cost figures on our website are illustrative or reflect results reported by participating businesses; they are not promises. We do not guarantee any number of leads, appointments, customers, policies, listings, or revenue.

Except as expressly stated in these Terms, the services are provided “as is,” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. You acknowledge that you are a sophisticated business, that you have not relied on any statement outside these Terms and your Order, and that nothing in the services creates a fiduciary, advisory, or legal-representation relationship.

14. Indemnification

You will defend, indemnify, and hold harmless Homefield Growth LLC and its members, managers, officers, employees, and contractors (the “Homefield Parties”) from and against any and all third-party claims, demands, investigations, regulatory or enforcement actions, fines, penalties, damages, settlements, and reasonable attorneys’ fees and costs arising out of or relating to: (a) the campaigns run at your direction and on your behalf and sent with you as the sender under Section 4, including any claim under the CAN-SPAM Act or any other marketing, advertising, or solicitation law; (b) your products and services and your dealings with homeowners; (c) your own communications with homeowners, including calls and texts subject to the TCPA, the Telemarketing Sales Rule, and federal, state, and company-specific do-not-call rules, and including any call or text you place to a phone number we provided, whatever that number’s registry status turns out to be; (d) content, claims, offers, marks, instructions, or information you supplied or approved, including all campaign copy you approved; (e) your use or misuse of lead data or supplemental phone numbers; (f) your lack of a required license; or (g) your breach of these Terms. This obligation does not apply to the extent a final judgment establishes that a claim resulted solely from the Homefield Parties’ willful misconduct. The Homefield Parties will give prompt notice and reasonable cooperation; you will control the defense with counsel reasonably acceptable to us, and you will not settle any claim in a way that imposes obligations on a Homefield Party without our written consent. This Section survives termination.

15. Limitation of liability

To the fullest extent permitted by law: (a) the Homefield Parties are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or goodwill, however caused and under any theory of liability; (b) the Homefield Parties’ total aggregate liability for all claims arising out of or relating to the services is capped at the fees you actually paid us in the 3 months before the event giving rise to the claim, and this cap is your sole and exclusive remedy path; and (c) no claim arising out of the services may be brought by you more than one year after the events giving rise to it. These limits do not apply to your payment obligations, to your indemnification obligations under Section 14 (which are uncapped), or to liability that cannot be limited by law.

16. Term, cancellation, and effect

There is no minimum term after onboarding. Either party may cancel with 30 days’ written notice (email suffices). We may suspend or terminate immediately for non-payment, for a material breach that is not cured within 10 days of notice, or if continuing would violate law. On termination: fees for leads already delivered and campaigns already run remain payable; your Territory releases per Section 7; leads already delivered — including reply threads — remain yours; and each party will, on request, delete or return the other’s confidential information, except for suppression lists (which we keep so opt-outs stay honored) and records we must retain by law.

17. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the services that the parties cannot resolve informally will be finally resolved by binding arbitration in Los Angeles County, California, administered by JAMS under its streamlined rules, before a single arbitrator; judgment on the award may be entered in any court of competent jurisdiction. Both parties waive any right to a jury trial and agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. Either party may seek temporary injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual property. If the arbitration agreement is found unenforceable, exclusive venue lies in the state and federal courts located in Los Angeles County, California.

18. General

These Terms and your Order are the entire agreement for the services and supersede prior discussions. You may not assign them without our written consent, except to a successor in a merger or sale of substantially all assets; we may assign to an affiliate or successor. Neither party is liable for delay caused by events beyond its reasonable control. Notices may be sent by email to the addresses on file (for us, brian@homefieldemail.com) and are effective on receipt. If a provision is unenforceable, the rest remain in effect. A failure to enforce is not a waiver. The parties are independent contractors. We may update these Terms by posting a revised version with a new effective date; the version in effect when an Order is issued governs that Order, and continued use of the services after a change otherwise constitutes acceptance.

19. Contact

Homefield Growth LLC · 14320 Ventura Blvd #1137, Los Angeles, CA 91423 · brian@homefieldemail.com

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