Terms of Service

Agreement

These Terms of Service (“Terms”) are an agreement between you (the business or person ordering from us, “you”) and Andrew Ornelas, doing business as Prospect Miner (“we”, “us”). By requesting a quote, paying an invoice, or using our lists or services, you agree to these Terms. If a written quote or proposal we send you conflicts with these Terms, the quote controls for that order. Our services are for business use only.

What we provide

• One-time lead lists: a list of local businesses in the area you choose (a radius around an address, a zip code or a city), sorted by industry.
• Monthly subscriptions: a set number of new lists each month, with a 3-month minimum term.
• Done-for-you email outreach: we use your list(s) to run email campaigns on your behalf, with A/B tested templates and reply tracking, quoted per client.

Lists are built from publicly available sources such as business websites, directories, chamber of commerce and association listings, and public advertising listings.

Deliverables

Each list is delivered as a CSV spreadsheet (or Google Sheet on request) with, where available: industry, business name, a contact name and role, an MX-verified email address, a phone number, address and distance from your location. Decision-maker names are included when we can find them; not every row will have one. Lead counts depend on how many qualifying businesses exist in your market; we'll confirm what your area can support before you pay. We'll give you an estimated delivery date with your quote; it's an estimate, not a guarantee.

Your license to use the lists

Once you've paid, you may use the lists for your own business's sales and marketing, including by your employees and contractors. You may not resell, share, publish or give away the lists (or substantial parts of them) to third parties without our written permission.

Your responsibility to follow the law

You're responsible for how you use our lists and for following every law that applies to your outreach, including:

• CAN-SPAM Act (U.S. email): identify yourself honestly, use truthful subject lines, include a valid physical postal address and a working opt-out, and honor opt-outs within 10 business days.
• TCPA, the National Do Not Call Registry and state telemarketing laws (calls and texts): get any required consent before autodialed or prerecorded calls or texts, especially to mobile numbers, and check numbers against do-not-call lists where required. Unless we agree otherwise in writing, we don't scrub phone numbers against Do Not Call registries, and some numbers may be mobile.
• GDPR, UK GDPR, Canada's CASL and other laws if you contact anyone outside the U.S.
• state privacy and anti-spam laws, and the rules of your email and phone providers.

We don't provide legal advice. If you're unsure what applies to you, check with your own lawyer.

No guarantee of results

Lists and outreach give you contacts and conversations to work — not guaranteed outcomes. We don't guarantee email deliverability or inbox placement, open or reply rates, meetings, sales, revenue, or search-engine rankings. Business information changes constantly, and some contacts will be out of date.

Accuracy target and bounce replacement

We check that each email's domain has working mail servers (MX records) and remove dead domains, support@ and no-reply inboxes. Our target is that fewer than 10% of the emails in a delivered list hard-bounce. That is a goal we work toward, not a guarantee.

Replacement policy: if more than 10% of the emails in a delivered list hard-bounce, tell us within 14 days of delivery and send your bounce report (from your email or sending tool). We'll replace the hard-bounced emails above the 10% threshold with new leads from the same market where available. “Hard bounce” means a permanent delivery failure (for example, “address does not exist”), not soft bounces, spam-filter blocks, full mailboxes or out-of-office replies. Replacements are our only obligation for list accuracy.

Free samples

We may offer a free sample of up to 50 contacts for one area and one industry. Samples are limited to one per business, and we may decline or limit any sample request. The same license, acceptable-use rules and legal compliance duties in these Terms apply to samples. Samples are provided as-is, and the bounce replacement policy does not apply to them.

Payment

Prices are listed on our Pricing page or in your quote, in U.S. dollars, and don't include any applicable taxes. Unless your quote says otherwise, we invoice you and payment is due before we deliver a one-time list or begin a subscription or outreach month. Launch pricing applies only to the number of clients stated and may end at any time.

Refunds

Because a list can't be “returned” once you have it, one-time lists are non-refundable once delivered. Our remedy for quality problems is the bounce replacement policy above. If we can't deliver a list you've paid for, we'll refund you for the undelivered list.

Subscriptions and cancellation

Subscriptions renew and are billed monthly. They have a 3-month minimum term. After the minimum term, you can cancel anytime by emailing hello@theprospectminer.com before your next billing date; cancellation takes effect at the end of the month you've already paid for. Paid months are non-refundable, and unused lists don't roll over unless we agree in writing.

Done-for-you outreach

• Pricing: outreach is quoted per client. Your quote sets the fees, which may include a setup fee, a monthly fee and/or a fee per booked meeting. A “booked meeting” is a meeting a prospect accepts that is scheduled on your calendar through our outreach, unless your quote defines it differently.
• Setup fees cover domain, inbox and campaign setup and are non-refundable once setup work has started. Monthly fees are billed in advance and are non-refundable for months already started.
• Your approval and content: you approve the messaging before campaigns go live, and you're responsible for the accuracy of the claims about your business, products and offers. Campaigns are sent on your behalf, and you're the sender for legal purposes.
• Compliance: every campaign includes an opt-out and the physical postal address you provide, and we honor opt-outs promptly. We may pause a campaign to protect deliverability or to comply with the law or a provider's rules.
• Cancellation: outreach is month-to-month unless your quote states a minimum term. Cancel by email before your next billing date.

Acceptable use

You agree not to use our lists or services to:

• send spam or messages that are deceptive, harassing, threatening or unlawful;
• promote illegal products or services, scams, or adult, gambling or other content prohibited by email-provider rules;
• harvest, scrape or rebuild our data into a competing product;
• contact people who've opted out or asked to be removed; or
• discriminate unlawfully or violate anyone's rights.

If you break these rules, we may suspend or end your service without a refund.

Your responsibility for claims

If someone brings a claim against us because of how you used our lists or the outreach content you approved, or because you broke these Terms or the law, you agree to cover our reasonable costs, including legal fees, from that claim.

Limitation of liability

Our lists and services are provided “as is” and “as available.” To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and accuracy. We aren't liable for lost profits, lost revenue, lost data, or any indirect, incidental, special or consequential damages. Our total liability for any claim relating to our services is limited to the amount you paid us for the specific list or service giving rise to the claim in the 3 months before the claim. Some places don't allow certain limits, so some of these may not apply to you.

Governing law and disputes

These Terms are governed by the laws of the State of Oregon, USA, without regard to its conflict-of-laws rules. Before filing any claim, both sides agree to try to resolve the dispute informally by email for at least 30 days. Any lawsuit must be brought in the state or federal courts located in Oregon, and both sides consent to their jurisdiction.

General

If any part of these Terms is found unenforceable, the rest still applies. Not enforcing a term isn't a waiver. You may not transfer these Terms without our consent. These Terms, together with your quote or invoice, are the entire agreement between us for our services.

Changes to these Terms

We may update these Terms from time to time. We'll change the effective date at the top of this page, and changes apply to orders placed after that date. Your active subscription or outreach plan stays on the Terms in place when you started it until your next renewal after we notify you.

Contact

Questions about these Terms: hello@theprospectminer.com. Prospect Miner, Lake Oswego, Oregon, USA.