SWITCHLEADS LLC TERMS AND CONDITIONS

Last updated: March 8, 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT ("AGREEMENT") CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SWITCHLEADS LLC.

SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 15 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

Purpose
Eligibility
Access
Acceptable Use Policy
Platform Services and Lead Submissions
Pay-at-Close Compensation Model
User Submissions and Content
Good Samaritan Content Policy & Complaint Procedures
Intellectual Property Ownership
Copyright Policy
Privacy
Third-Party Interactions
Indemnification
Disclaimer of Warranties
Limitation of Liability
Dispute Resolution
Exclusive Venue
Termination
General
Contact Information

1. Purpose

SwitchLeads LLC ("SwitchLeads," "we," "us," or "our") operates a lead generation and marketing platform that connects real estate wholesalers with licensed retail real estate agents and brokers ("Realtors"). Wholesalers submit off-market property leads through the SwitchLeads platform, and SwitchLeads markets those leads to qualified Realtors who are seeking motivated retail sellers. SwitchLeads charges Realtors a fixed marketing fee upon verified close of a transaction sourced through the platform. Compensation to wholesalers is issued on a pay-at-close basis, at a fixed dollar amount agreed upon at the time of lead submission, representing a portion of the marketing fee collected from the Realtor.

By using the SwitchLeads website, application, or any of the information and services offered through the platform ("Services"), you agree to be bound by this Agreement. The success of the Services depends on adherence to the terms of this Agreement by you and all other Users (collectively "you," "your," or "Users"). While we will do our best to enforce the terms of this Agreement, we cannot warrant or represent that other Users will adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.

2. Eligibility

By accessing or using the Services in any way, clicking on a button, or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:

You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time through the Services;
You are 18 or older;
You have the authority to enter into this Agreement personally, or on behalf of the organization you represent;
Where you are submitting leads as a wholesaler, you represent that the lead information was lawfully obtained and that you have the right to submit it through the platform. A real estate license is not required to submit leads unless required by applicable law in your jurisdiction; and
You will comply with all applicable laws, including those of the country, state, and city in which you are present while using the Services, including any laws governing real estate wholesaling, assignments, and lead generation activities.

If you do not agree to be bound by this Agreement, you may not access or use the Services.

3. Access

Access. By entering into this Agreement, you will be granted a revocable license to access the Services. Your access privileges are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to the Services or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear likely to do so. By agreeing to grant you access, we do not obligate ourselves to maintain the Services in its present form, and we expressly reserve the right to modify, suspend, or terminate your access privileges.

Prohibited Uses. You understand, acknowledge, and agree that any access or use of the Services shall be for lawful, legitimate real estate lead generation and marketing purposes only. You will not commercially exploit any portion of the Services outside of its intended use as a lead generation and marketing platform.

Privileges Nontransferable. Your access privileges may not be transferred to any third party. Each account is issued to a single user or entity and may not be shared.

Passwords and Security. You agree not to disclose your confidential password to anyone and to notify us immediately if there has been a breach of your account security.

4. Acceptable Use Policy

By using the Services, you agree that:

You will only use the Services for lawful purposes and not for deceptive or fraudulent purposes, and will not send or store any unlawful material.
You will not submit false, fabricated, or duplicate leads, or misrepresent the status, condition, or ownership of any property.
You will not use the Services to cause nuisance, annoyance, or inconvenience to other users, Realtors, sellers, or third parties.
You will not use the Services for any purpose other than submitting, receiving, and facilitating real estate leads and marketing introductions through SwitchLeads' pay-at-close model.
You will not violate the publicity or privacy rights of any individual, including property sellers or owners whose information is submitted as part of a lead.
You will not copy or distribute any content displayed through the Services without our prior written consent.
The information you provide to us, including all lead data, property information, and contact details, is accurate and lawfully obtained.
You will not use the Services in any way that could damage, disable, overburden, or impair any of our servers or the networks connected to them.
You will not attempt to gain unauthorized access to any part of the Services, any user account, or any system or network connected to our servers.
You will not use any robot, spider, crawler, scraping tool, or automated process to access, copy, or monitor any portion of the Services.
You will report any errors, bugs, unauthorized access methodologies, or breach of our intellectual property rights that you discover during your use of the Services.
You will not impersonate another person or entity, act as another user without authorization, or create multiple accounts for the same individual or organization without our prior approval.
Your submitted content and lead data does not contain material that violates any applicable state or federal law, including laws governing consumer data, real estate transactions, and electronic advertising.

Account Sharing Restrictions.

Individual Accounts: User accounts are intended for use by a single individual or entity. Simultaneous use of one account by multiple parties is not permitted.
Team or Organization Accounts: Organizations with multiple users must register separate accounts for each user. A team or organization admin account may optionally be used to manage and coordinate individual user accounts.
Account Activity Monitoring: We monitor IP addresses, device usage, and access patterns to maintain platform integrity and detect unauthorized account sharing or misuse.
Consequences of Violations: Should we identify unauthorized account sharing or misuse, we reserve the right to suspend or terminate the account and withhold any pending payouts where fraud or misuse is implicated.

5. Platform Services and Lead Submissions

While SwitchLeads will use its best efforts to match submitted leads with qualified Realtors and facilitate successful closings, we cannot guarantee that any submitted lead will result in a closed transaction or a payout. The availability and quality of Realtors, market conditions, property status, and other factors outside our control may affect outcomes.

We do not guarantee the accuracy, completeness, or suitability of any lead submitted by users or any Realtor information provided through the platform. Any reliance on platform content is at your own risk. Links to third-party websites or services do not constitute endorsement or affiliation.

6. Pay-at-Close Compensation Model

Payout Structure. SwitchLeads operates on a pay-at-close basis. Wholesalers who submit leads through the platform are eligible to receive a fixed dollar amount payout upon successful close, as agreed at the time of lead submission and set forth in any applicable lead agreement or order form. This fixed amount represents a portion of the marketing fee collected by SwitchLeads from the Realtor and is not calculated as a percentage of the property sale price.

Realtor Marketing Fee. Realtors who receive leads through the platform agree to pay SwitchLeads a fixed marketing fee upon verified close of a transaction sourced through the platform, as set forth in any applicable Realtor agreement or order form. This fee is a marketing fee paid to SwitchLeads for lead generation and marketing services and is not a referral fee, commission split, or settlement service charge.

Payout Conditions. Payouts are contingent upon: (a) the lead being accepted and activated on the platform; (b) a verified retail close of the subject property facilitated through or confirmed by SwitchLeads; (c) the wholesaler's account being in good standing at the time of close; and (d) receipt of all required tax documentation (e.g., completed W-9) from the wholesaler.

Verification. SwitchLeads reserves the right to verify all closing information, including closing disclosures, title records, and transaction documents, before issuing any payout. We will not issue payouts based on unverified or disputed closing information.

Disputes. Any disputes regarding payout amounts, lead attribution, or closing verification must be submitted in writing to [email protected] within 30 days of the disputed close date. We will work in good faith to resolve payout disputes promptly.

Clawback. SwitchLeads reserves the right to claw back any payout issued within 90 days of the close date where the underlying transaction is subsequently rescinded, determined to be fraudulent, or where the wholesaler is found to have materially misrepresented the lead. No clawback will be initiated after 90 days from the date of payout, except in cases of fraud or willful misrepresentation.

Tax Obligations. You are solely responsible for any federal, state, or local tax obligations arising from payouts received through the platform. SwitchLeads will issue applicable tax documentation (e.g., Form 1099) in accordance with IRS requirements.

No Guarantee of Payout. Submission of a lead does not guarantee a payout. SwitchLeads is not responsible for transactions that do not close, are rescinded, or are determined to be ineligible after review.

7. User Submissions and Content

We may provide you with interactive opportunities through the Services, including the ability to submit lead data, property information, and other content. You represent and warrant that you are the owner of, or otherwise have the right to provide, all content and data you submit through the Services. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute, and otherwise use your submitted content in connection with our business and in all forms now known or hereafter invented, without notification to or approval by you, except as otherwise required by law.

Feedback. You agree that any submission of ideas, suggestions, or proposals to us is at your own risk and that we have no obligations (including confidentiality obligations) with respect to such feedback. You hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use such feedback for any purpose, except as otherwise required by law.

8. Good Samaritan Content Policy & Complaint Procedures

Policy. It is the policy of SwitchLeads not to tolerate intellectual property infringement, violations of applicable law, or the posting of unlawful, obscene, harassing, defamatory, or otherwise objectionable material on the platform. We will do our best, in good faith, to remove or restrict access to such material.

Complaint Procedures. If you believe that someone has posted material on the platform that infringes intellectual property rights, violates applicable law, or is otherwise objectionable, please notify us promptly at [email protected]. To help us respond efficiently, please include:

The nature of the right infringed or violated;
All facts supporting your belief that a right has been violated;
The precise location of the offending material on the platform;
Any grounds to believe the person who posted the material was unauthorized to do so; and
If known, the identity of the person who posted the material.

Indemnification. By lodging a complaint, you agree that the substance of your complaint constitutes a representation made under penalty of perjury under applicable law, and you agree to defend and indemnify SwitchLeads against any liability arising from our response to your complaint.

Investigation. We have the right (but not the obligation) to investigate any complaint and, at any time and for any reason, to remove any material posted through the Services, with or without cause, in our sole discretion.

9. Intellectual Property Ownership

SwitchLeads (and our licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services or any intellectual property rights owned by us. The SwitchLeads name, logo, and product names are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

10. Copyright Policy

We will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner and believe that any content on the platform infringes on your copyrights, you may contact us at: [email protected].

11. Privacy

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference and available at switchlead.com/privacy.

12. Third-Party Interactions

The Services may contain links to or display content originating from third-party websites and services. Such third-party websites and services are not under our control. We are not responsible for any third-party websites, content, or services. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party websites or their products and services. You use all third-party links at your own risk and should review applicable terms and privacy policies before proceeding with any third-party transaction.

13. Indemnification

You agree to indemnify and hold harmless SwitchLeads LLC and its officers, directors, employees, agents, and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from: (a) your submitted content or lead data; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Services, including data privacy and real estate laws; or (e) any misrepresentation made by you in connection with a submitted lead or transaction.

In the event of any claim potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys' fees. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This provision does not require you to indemnify any Indemnified Party for such party's own negligence, fraud, or willful misconduct. The provisions of this section will survive any termination of your account or this Agreement.

14. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING LEAD DATA, REALTOR INFORMATION, OR TRANSACTION STATUS.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR FREE OF TECHNICAL DEFECTS. WE DO NOT GUARANTEE THAT ANY SUBMITTED LEAD WILL RESULT IN A CLOSED TRANSACTION OR PAYOUT. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SWITCHLEADS LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST LEADS, LOST TRANSACTION OPPORTUNITIES, LOST DATA, OR DATA BREACH; OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES (INCLUDING ATTORNEYS' FEES) IN EXCESS OF THE TOTAL PAYOUT AMOUNTS ACTUALLY PAID TO YOU BY SWITCHLEADS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO PAYOUTS APPLY, ONE HUNDRED ($100) U.S. DOLLARS.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 16 SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."

a. Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any lead submission or transaction facilitated through the platform, to any payout or compensation matter, to any marketing or communications from us, or to any aspect of your relationship with SwitchLeads will be resolved by binding arbitration, rather than in court, except that: (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual basis; and (2) you or SwitchLeads may seek equitable relief in court for infringement or other misuse of intellectual property rights.

IF YOU AGREE TO ARBITRATION WITH SWITCHLEADS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK RELIEF IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. INSTEAD, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING.

b. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act. To begin an arbitration proceeding, you must send a written letter requesting arbitration and describing your claim to: SwitchLeads LLC, Attn: Legal, [Your Registered Address], or by email to [email protected]. The arbitration will be conducted by JAMS under its applicable rules. Disputes involving claims under $250,000 (exclusive of attorneys' fees and interest) shall be subject to JAMS's Streamlined Arbitration Rules; all other claims shall be subject to JAMS's Comprehensive Arbitration Rules and Procedures. JAMS's rules are available at www.jamsadr.com or by calling 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS's rules.

c. Arbitrator Powers. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this Arbitration Agreement. The arbitrator will have the authority to grant motions dispositive of all or part of any claim, award monetary damages, and grant any non-monetary remedy or relief available under applicable law. The arbitrator's decision is final and binding on both parties.

d. Waiver of Jury Trial. YOU AND SWITCHLEADS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. CLAIMS AND DISPUTES WILL BE RESOLVED BY ARBITRATION, EXCEPT AS SPECIFIED IN SECTION 16(a).

e. Waiver of Class or Consolidated Actions. YOU AND SWITCHLEADS AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS. If this waiver is deemed invalid or unenforceable with respect to a particular claim, neither party is entitled to arbitration of that claim, and it will instead be resolved in court as set forth in Section 17.

f. Opt Out. You may opt out of this Arbitration Agreement by notifying SwitchLeads in writing no later than 30 days after first becoming subject to this Agreement. Your notice must include your name, address, email address, and a clear statement that you want to opt out. Send your opt-out notice to: [email protected]. Opting out does not affect any other part of this Agreement.

g. Survival. This Arbitration Agreement will survive any termination of your relationship with SwitchLeads.

h. Modification. If we make any future material change to this Arbitration Agreement, it will not apply to any individual claim for which you have already provided us written notice.

17. Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in court, both you and SwitchLeads agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts of the State of California, or in the applicable federal district court for the Central District of California.

18. Termination

At its sole discretion, SwitchLeads may modify or discontinue the Services, or may modify, suspend, or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. Termination of your account does not relieve you of any obligations that arose prior to termination, including any representations made in connection with submitted leads. We reserve the right to withhold or claw back any payout issued within 90 days prior to termination where such termination is related to fraud, misrepresentation, or material breach of this Agreement. All provisions which by their nature should survive termination shall remain in full force and effect.

19. General

No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you and SwitchLeads as a result of this Agreement or your use of the Services. Wholesalers and Realtors using the platform are independent parties and not agents or employees of SwitchLeads.

Choice of Law. This Agreement is governed by the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any conflict-of-law principles.

Severability. If any provision of this Agreement is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Electronic Communications. You consent to receive communications from us in electronic form and agree that all terms, agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement. This Agreement is the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions and agreements between the parties with respect to such subject matter.

20. Contact Information

For questions, complaints, or legal notices related to this Agreement, please contact us at:

Email: [email protected]