By accessing or using the Content Codes website and services, you (“Customer,” “you”) agree to be bound by these Terms of Service (“Terms”). Please read them carefully. If you do not agree, do not use the Services.
1. Services
Content Codes, Inc. (“Content Codes,” “we,” “us,” “our”), an Illinois corporation, provides done-for-you SEO content programs, lead data transfer services, and lead data enrichment services for real estate professionals (collectively, the “Services”). Service details, deliverables, and pricing are described on our website at https://contentcodes.com and confirmed in individual service agreements or order forms.
2. Subscriptions and Billing
SEO program subscriptions are billed monthly. You may cancel at any time — cancellations take effect at the end of the current billing period. We do not offer refunds for partial months unless required by applicable law. Ad spend (for any pay-per-click services) is billed separately and is not managed by Content Codes unless explicitly agreed in writing. We reserve the right to adjust fees on 30 days’ written notice; fee changes take effect at the start of the next billing period.
3. Content Ownership
Content created by Content Codes as part of your SEO program (including subdivision pages, area guides, blog posts, and property feature pages) is owned by you, the Customer, upon full payment for the period in which it was created. We retain the right to use anonymized, non-attributed examples of our work in our own marketing materials. We retain ownership of any underlying tools, templates, scripts, plugins, or proprietary methodologies used to produce the content.
4. Data Services
This Section 4 governs our Lead Data Transfer Service and Lead Data Enrichment Service. It contains representations and warranties you make to us that are material to our willingness to provide these Services.
4.1 Customer’s data, customer’s responsibility
Lead Data Transfer and Lead Data Enrichment Services are performed on data you own or have the legal right to process. You represent and warrant that:
- (a) You have obtained any necessary consents, notices, and authorizations required to share the lead data with Content Codes;
- (b) The lead data was collected by you (or on your behalf) in compliance with applicable law, including the Telephone Consumer Protection Act (“TCPA”), CAN-SPAM Act, state consumer privacy laws, and any applicable Multiple Listing Service (“MLS”), brokerage, or franchise rules;
- (c) You are the data controller / business with respect to the lead data, and Content Codes acts only as a service provider / processor on your behalf;
- (d) You have the authority to engage Content Codes to process the lead data for the purposes contemplated in our service agreement.
You acknowledge that Content Codes relies on these representations in agreeing to provide the Services. Breach of any representation in this §4.1 constitutes a material breach of these Terms and entitles Content Codes to immediate termination of Services without refund, in addition to any other remedies available at law or in equity.
4.2 Enrichment data is for marketing only — not a consumer report
Lead enrichment data we provide (including but not limited to estimated wealth tier, estimated household income, modeled homeownership status, demographic indicators, and verified phone numbers) is derived from licensed third-party data providers that aggregate public records and consumer marketing data.
Enrichment data is not a “consumer report” under the Fair Credit Reporting Act (“FCRA”) and is not derived from credit bureau sources. It is provided for marketing purposes only.
You acknowledge and agree that you will not use, and will not permit any third party to use, enrichment data for any of the following purposes:
- (a) Determining a consumer’s eligibility for credit, a loan, or any financial product;
- (b) Determining a consumer’s eligibility for insurance;
- (c) Determining a consumer’s eligibility for employment;
- (d) Determining a consumer’s eligibility to rent residential housing;
- (e) Any other purpose for which a consumer report is required under the FCRA or any state “mini-FCRA” or consumer reporting law;
- (f) Any purpose that would cause Content Codes or its data providers to be considered a “consumer reporting agency” under the FCRA.
4.3 TCPA and DNC compliance — your responsibility
When you receive enriched contact information (phone numbers, email addresses, or mailing addresses), you are solely responsible for ensuring that all outbound calls, texts, faxes, or other communications you initiate using that information comply with:
- (a) The federal Telephone Consumer Protection Act and the federal Telemarketing Sales Rule;
- (b) The federal Do-Not-Call (“DNC”) Registry and any applicable state Do-Not-Call registries;
- (c) Any applicable state telemarketing or “mini-TCPA” statutes (including Florida, Oklahoma, Washington, and others);
- (d) The CAN-SPAM Act for any commercial email communications.
Content Codes does not scrub enriched data against the DNC Registry, does not verify TCPA consent for the leads you provide, and does not warrant that enriched contact information is permitted under TCPA, DNC, or any state telemarketing law for any specific outreach activity.
You further acknowledge that Content Codes acts as a passive data supplier under this §4.3 and is not a joint user, co-initiator, or facilitator of any communication you initiate using enriched contact information. Content Codes has no visibility into your consent records, suppression lists, dialer infrastructure, or campaign content, and bears no responsibility for them.
4.4 Estimated data, no warranty of accuracy
Enrichment data is provided on an estimated basis. Modeled fields (wealth tier, income tier, homeownership status, demographic indicators) are statistical estimates derived from public records and consumer marketing data and may differ from actual values. Verified contact fields (phone numbers) are validated against active-line databases at the time of delivery but are not guaranteed to be current, complete, or correct on any specific record. Content Codes makes no warranty regarding the accuracy, completeness, or fitness for any particular purpose of enrichment data.
4.5 Data retention and return on termination
We retain customer-provided lead data only for the time necessary to deliver the Services, plus a 60-day buffer for re-runs, audits, and dispute resolution, after which the data is deleted from our systems. Upon termination of Services, we will, at your written request and within 60 days of termination, return or permanently delete any remaining customer-provided lead data, except where retention is required by applicable law.
4.6 Compliance cooperation
If Content Codes has a reasonable basis to believe you have used or are using enriched data in violation of §4.2 (FCRA restrictions) or §4.3 (TCPA / DNC compliance), we may request, on at least 15 days’ written notice, reasonable cooperation in investigating the matter — including providing access to relevant records sufficient to verify compliance. Refusal to cooperate, or audit findings indicating non-compliance, constitute a material breach under §8. This §4.6 survives termination for 12 months with respect to enriched data delivered during the term.
5. Acceptable Use
You agree not to use the Services for any unlawful purpose, to transmit spam, to harass any individual, or to attempt to gain unauthorized access to our systems. Without limiting the foregoing, you specifically agree not to:
- (a) Use enrichment data for any FCRA-regulated purpose described in §4.2;
- (b) Initiate any call, text, fax, or commercial email using enriched contact information in violation of the TCPA, DNC Registry, or state telemarketing laws;
- (c) Resell, redistribute, or sublicense enrichment data to any third party other than your own employees and contractors who need access to perform their duties for you;
- (d) Use the Services to compete with Content Codes’ Services, including without limitation using enriched data, lead lists, content templates, or proprietary tools obtained from the Services to build, license, or resell competing lead-data, lead-enrichment, or content-generation products;
- (e) Reverse-engineer, decompile, or attempt to extract our underlying tools, templates, scripts, or proprietary methodologies;
- (f) Use the Services in any way that violates the rules of the National Association of Realtors (“NAR”) Code of Ethics, your local Multiple Listing Service (“MLS”) rules, your sponsoring broker’s compliance policies, or your franchise’s (if any) compliance requirements. You are solely responsible for compliance with these rules; Content Codes makes no representation that the Services automatically comply with them.
You are responsible for maintaining the confidentiality of any account credentials we provide to you and for all activity that occurs under your account.
6. Customer Indemnification
You agree to defend, indemnify, and hold harmless Content Codes, its officers, employees, and agents from and against any third-party claims, demands, losses, damages, fines, penalties, settlements, costs, and reasonable attorneys’ fees arising out of or relating to:
- (a) Your breach of any representation, warranty, or covenant in §4 (Data Services) or §5 (Acceptable Use);
- (b) Your use of enrichment data in violation of the FCRA, TCPA, DNC Registry, state telemarketing or privacy laws, MLS rules, or brokerage compliance policies;
- (c) Your collection, retention, or disclosure of the lead data you provided to Content Codes;
- (d) Any claim by a consumer that you contacted them without proper consent, in violation of a Do-Not-Call request, or in any other unlawful manner.
Defense procedure.You shall retain counsel reasonably acceptable to Content Codes to defend any claim subject to indemnification under this §6, at your expense. Content Codes shall have the right (but not the obligation) to participate in the defense with counsel of its own choosing at its own expense. Content Codes will promptly notify you of any claim, give reasonable cooperation in the defense, and will not settle any claim without your prior written consent (not to be unreasonably withheld). You shall not settle any claim that imposes any non-monetary obligation on Content Codes, admits any liability of Content Codes, or otherwise affects Content Codes’ rights, without Content Codes’ prior written consent.
7. Limitation of Liability and Disclaimer of Warranties
7.1 Disclaimer of warranties
Except as expressly set forth in these Terms, the Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, Content Codes disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of data. We make no guarantees regarding specific search rankings, organic traffic levels, AI citation frequency, lead conversion rates, or any specific marketing outcome.
7.2 Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Content Codes be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, or loss of goodwill, arising from or relating to the Services or these Terms, even if Content Codes has been advised of the possibility of such damages.
Content Codes’ total cumulative liability for any and all claims arising from or relating to these Terms or the Services is limited to the greater of (i) the fees you paid to Content Codes in the three (3) months immediately preceding the event giving rise to the claim, or (ii) ten thousand US dollars ($10,000).
Notwithstanding the foregoing, for claims arising from (a) Content Codes’ breach of confidentiality obligations under §9, or (b) loss, theft, or unauthorized disclosure of customer-provided lead data caused by Content Codes’ gross negligence or willful misconduct, Content Codes’ total cumulative liability is limited to the fees you paid in the twelve (12) months immediately preceding the event giving rise to the claim.
These limitations apply regardless of the legal theory of the claim (contract, tort, strict liability, or otherwise) and apply even if a remedy fails of its essential purpose.
8. Termination
You may cancel your subscription at any time as set forth in §2.
We may suspend or terminate your access to the Services immediately, without refund, if (a) you materially breach these Terms (including without limitation §4 Data Services or §5 Acceptable Use), (b) you fail to pay fees when due, (c) we are required to do so by law or regulatory authority, or (d) your conduct creates a material risk of legal liability to Content Codes.
The following sections survive termination: §3 (Content Ownership, with respect to content already delivered and paid for), §4.2 (FCRA restrictions on enrichment data already received), §4.3 (TCPA/DNC obligations on enriched contact data already received), §4.6 (Compliance cooperation, for 12 months as set forth therein), §6 (Customer Indemnification), §7 (Limitation of Liability and Disclaimer of Warranties), §9 (Confidentiality), §10 (Privacy Policy, with respect to data we hold post-termination), §11 (Governing Law and Dispute Resolution), §13 (General Provisions).
9. Confidentiality
Each party may receive confidential information of the other party in connection with the Services, including business plans, customer lists, technical information, and pricing. Each party agrees to use the other party’s confidential information only as necessary to perform under these Terms and to protect it with at least the same care it uses to protect its own confidential information. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.
10. Privacy Policy
Our Privacy Policy at https://contentcodes.com/privacy-policyis incorporated into these Terms by reference and describes how we collect, use, share, and protect personal information in connection with the website and Services. The Privacy Policy is the public-facing summary; for customer-provided lead data, the obligations in §4 of these Terms govern in addition to the Privacy Policy.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles.
Any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted in Cook County, Illinois, in the English language, before a single arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Class action waiver. You and Content Codes each agree that any dispute will be resolved only on an individual basis and not as a class, collective, consolidated, or representative action. The arbitrator may not consolidate claims of multiple parties.
Notwithstanding the foregoing, either party may seek injunctive, declaratory, or other equitable relief in a court of competent jurisdiction in Cook County, Illinois, for actual or threatened (a) infringement or misappropriation of intellectual property rights or trade secrets, or (b) breach of confidentiality obligations under §9, or (c) breach of the FCRA-restriction or TCPA-restriction obligations in §4.2 and §4.3 by either party.
12. Force Majeure
Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, or failures of internet, electrical, or telecommunications service providers.
13. General Provisions
Assignment. You may not assign these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of our assets.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
Entire agreement. These Terms, together with our Privacy Policy and any service agreement or order form we sign with you, constitute the entire agreement between you and Content Codes regarding the Services and supersede all prior or contemporaneous communications and agreements.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
Notices. Notices to Content Codes must be sent to [email protected]. Notices to you will be sent to the email address associated with your account; you are responsible for keeping that address current.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.
14. Changes to These Terms
We may update these Terms from time to time. We will notify active customers of material changes by email at least 30 days before the changes take effect. Your continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms. If you do not agree to an update, you may cancel your subscription as set forth in §2.
15. Contact
Questions about these Terms? Email us at [email protected] or use our contact page at https://contentcodes.com/contact.