Effective Date: 10/28/2024

These Terms of Sale (“Terms”) govern your purchase and use of the qualified Motor Vehicle Accident (“MVA”) lead/case generation services provided by Safer eCommerce LLC d/b/a getMVA.com (“Company,” “we,” “our,” or “us”).

By clicking to accept, signing an order proposal or contract, submitting an order form, or making payment, you (“Client,” “you,” or “your”) acknowledge that you have read, reviewed, and agree to be bound by these Terms.

1. Agreement to Terms; Contract Supremacy

These Terms and any applicable campaign proposals are incorporated herein by reference.

Specific campaign requirements, including but not limited to lead qualifications, geographic boundaries, age limits, treatment gaps, property damage thresholds, retainer formats, delivery expectations, pricing, and other campaign-specific terms, may be agreed upon in writing.

Any final signed contract or campaign proposal executed before campaign launch shall prevail over this general Terms page. In the event of any conflict between these Terms and a final signed agreement, the final signed agreement shall control.

2. Pricing and Payment

All orders require upfront payment by wire transfer or ACH before campaign execution, unless otherwise specified in a written proposal.

Pricing will be clearly stated for each order, including the applicable price per lead/case and the total quantity ordered.

Payments are non-cancellable once work begins. Full payment for all delivered leads/cases must be settled before delivery, unless otherwise specified in a written agreement.

3. Order Scope and Delivery Timeline

Each engagement will specify the number of qualified leads/signed cases requested by Client, the applicable qualification criteria, and the expected delivery timeline.

Delivery status updates may be provided upon request during business hours, Monday through Friday, from 9:00 AM to 6:00 PM Pacific Time.

Campaigns are generally non-cancellable once execution begins or once funds have been applied toward production.

4. Lead/Case Qualification Criteria and Billability Standard

Leads/Cases qualify based on the mutually agreed-upon criteria established at the time of signing and campaign launch.

A lead/case is considered billable and accepted upon delivery if it:

Meets all stated qualification parameters, including geography, timeframe, fault status, injury severity, property damage threshold, and any other written criteria;

Includes a signed contingency retainer agreement in the preferred law firm format; and

Is not subject to a valid, documented, and undisputed credit claim within the 8-day review window set forth below.

5. Credit Policy

If a delivered lead/case fails to meet the agreed-upon qualifications, Client may request a replacement credit under this section.

Eligible for Credit

A lead/case may be eligible for credit if it is determined to be:

Already represented at the time of signing;

Outside the agreed target geography;

Older than the maximum agreed timeframe;

An at-fault claimant;

A no-injury claim;

A duplicate within 30 days; or

Below the agreed property damage threshold.

Not Eligible for Credit

A lead/case is not eligible for credit if the issue arises from:

The claimant retaining another attorney after delivery;

Rejection based on internal firm preferences;

Delay in management or follow-up by Client; or

Any other reason not tied to the agreed-upon lead/case qualification criteria.

Credit Request Window

Credit requests must be submitted with supporting documentation, including any applicable attorney drop letter and proof of qualification failure, within 5 days of delivery or discovery.

Credit Resolution

Approved credits are issued as replacement lead/cases only. Cash refunds are not provided unless expressly required by the court of law and agreed to in writing.

Leads/Cases become undisputed, accepted, and billable after the applicable review window expires.

6. Refund Policy and Non-Cancellation Clause

All orders become non-cancellable once execution begins, including when setup work has begun or initial lead/case batches begin delivery.

Cash refunds will be honored only on a limited basis and are restricted to unused funds, if legally required by the court of law and agreed to in writing, at the conclusion of services, in this event proof of fund allocation or usage may be provided upon request.

7. No Guarantees and Good-Faith Effort

We do not guarantee specific lead/case outcomes, settlement values, lead/case acceptance decisions, or exact completion by day 60.

We will use reasonable good-faith efforts to fulfill all orders within the agreed delivery timeline, which is generally up to 60 days from campaign launch unless otherwise specified in writing.

Delays outside our control may extend delivery timelines accordingly.

8. Independent Contractor Status and Legal Advice

Provider is an independent contractor and does not act as a law firm.

Provider does not provide legal advice regarding purchased lead/cases. Client retains sole discretion and responsibility for lead/case management, client retention, follow-up timing, litigation strategy, and all legal decisions related to delivered files or clients.

Provider shall not be liable for claims arising from Client’s handling of delivered files or clients, unless such claims are caused by Provider’s gross negligence or willful misconduct.

9. Limitation of Liability

Liability under these Terms shall not exceed the total amount paid for the relevant campaign or order.

This limitation applies regardless of cause or theory of liability, including breach of contract, negligence, or any other claim, except where otherwise required by law.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.

Any disputes shall be resolved in accordance with applicable state law, subject to the limitation of liability and any exclusive venue provisions set forth in a signed agreement.

11. Modifications to These Terms

We reserve the right to update these general Terms periodically.

Specific campaigns or pilot programs may include customized scope, pricing, delivery, qualification, credit, refund, or other terms. In the event of any conflict, a final executed agreement shall prevail over this general Terms page.

12. Acknowledgment

By submitting an order form, making payment to Safer eCommerce LLC d/b/a getMVA.com, providing a payment receipt, or signing any campaign proposal, you acknowledge that you have read, reviewed, and agree to be bound by these Terms of Sale.