These Terms of Service (the “Terms”) are an agreement between you and The Lexington Group LLC, a Delaware limited liability company doing business as Locate Next (“Locate Next,” “we,” “us” or “our”). They cover the website at locatenext.com, the application at app.locatenext.com, Locate’s connection for AI apps, and every search, list, export and other feature we offer (together, the “Service”).
1. Accepting these terms
You accept these Terms when you create an account, sign in, use the Service, add funds or pay any fee, whichever happens first. If you use the Service for a company, you confirm that you are authorized to bind that company, and “you” means both you and the company. If you do not accept these Terms, do not use the Service.
We may update these Terms. The new version applies from its effective date shown at the top of this page. We will tell account holders about material changes by email or in the app at least 14 days before they take effect, except where a change is required by law. Using the Service after that date means you accept the new version.
2. Who may use Locate Next
The Service is for businesses and professionals in the United States who are at least 18 years old, such as real estate investors, agents, wholesalers and local service businesses. It is not for personal, family or household use. We may decline or withdraw access at our discretion. You must give accurate account information, keep your sign-in private, and are responsible for everything done under your account and your workspace, including by people you invite.
3. The Service
Locate Next helps you find property owners and the ways to reach them. You can search for homeowners by place, upload your own lists, run skip tracing searches that may return phone numbers with their line type, email addresses, possible relatives and associates and address history, and export your results. Results come from public property records and from third-party data providers. We may add, change or remove features at any time.
4. Not a consumer reporting agency
Locate Next is not a consumer reporting agency, and the Service does not provide consumer reports as defined by the Fair Credit Reporting Act (“FCRA”). You may not use the Service or any result, in whole or in part, as a factor in deciding anyone’s eligibility for credit, insurance, employment, housing, tenancy, a government license or benefit, or for any other purpose covered by the FCRA or similar state laws.
You will use results only for lawful business purposes and in line with the Gramm-Leach-Bliley Act, the Driver’s Privacy Protection Act and every other law that applies to you. You alone are responsible for how you contact people, including compliance with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the National Do Not Call Registry, state calling, texting and telemarketing laws, and any consent you need. A Do Not Call check in Locate is a convenience, not legal advice and not proof that a call or text is allowed.
5. Fees, searches and refunds
5.1 Prices
Prices are shown on our pricing page and in the app before you are charged. They currently include a plan fee of $49 a month and $0.17 for each search with results. We may change prices with at least 14 days’ notice. A change does not affect a charge you have already approved.
5.2 What a search with results means
A search is charged when it returns at least one phone number or email address for the person searched. A search that returns neither is not charged. A search with results is charged whether or not the returned information belongs to the person you meant to reach, is current, or leads to a conversation. Data from records and providers is never complete or perfect, and an inaccurate, outdated or unwanted result is not a billing error and is not grounds for a refund.
5.3 Billing
Plan fees are billed in advance for each monthly period and renew automatically until you cancel. Searches are paid from your workspace balance. You authorize us and our payment processors, Whop for the monthly membership and Stripe for balance top-ups, to charge the payment method you provide for every fee and amount you approve. Your card details go to them and never reach Locate.
5.4 No refunds
All fees and payments are final and non-refundable when paid, except where a refund is required by applicable law or is expressly provided in these Terms. This includes plan fees for a period that has started, searches that have run, and funds added to your balance. We do not prorate. When you cancel, your plan stays active until the end of the period you have paid for and no further plan fees are charged.
5.5 Your balance
Funds you add are a prepayment for searches in the Service only. A balance has no cash value, earns no interest, cannot be transferred, sold or redeemed for cash, and is not refunded when an account closes, except where the law requires otherwise. Before a list is traced, Locate shows the most it can cost, and you start the search yourself.
5.6 Billing errors
If you believe we charged you in error, tell us at hello@locatenext.com within 30 days of the charge, with the date, the amount and what you believe is wrong. We will review our records and correct any genuine error, by credit to your balance or a refund to the original payment method, as we decide. Charges not disputed within 30 days are final.
5.7 Taxes
Prices do not include taxes. You are responsible for any sales, use or similar taxes that apply to your purchases, other than taxes on our income.
6. Payment disputes and chargebacks
6.1 Before you dispute a charge with your bank or card issuer, you agree to contact us at hello@locatenext.com and to give us ten (10) business days to resolve it. Most questions are settled faster that way.
6.2 If you file a chargeback or payment dispute, we may suspend your account, your workspace and any pending searches or exports while it is open. If the dispute is decided in our favor, or you withdraw it, the disputed amount remains payable, and you will also pay any dispute or chargeback fee our payment processor charged us. We may require payment of these amounts before restoring access.
6.3 You agree that we may give the card issuer and our payment processor the records that show what you agreed to and what you received, including your acceptance of these Terms, account and sign-in records, IP addresses, the searches you ran and their results, balance and billing history, exports and communications with us.
6.4 Filing a chargeback for a charge you approved, for searches that ran, or for a period of service you received is a breach of these Terms.
7. Electronic records and our records
You agree to receive agreements, receipts and notices electronically, and that your electronic acceptance, including clicking to continue, signing in, starting a search or paying, has the same effect as a handwritten signature. Our system records of sign-ins, searches, results, charges, balances, exports and acceptances are the official record of your use and are presumed accurate unless you prove otherwise.
8. Data accuracy
Results are compiled from public records and third-party sources that may contain errors, gaps or outdated information. We do not verify each result, and we make no promise that any result is accurate, complete, current or belongs to a particular person. You are responsible for confirming information before you rely on it.
9. Acceptable use
You will not, and will not let anyone else:
- use the Service to stalk, harass, threaten, intimidate or harm anyone, or to locate a person who does not want to be found for any unlawful reason;
- use results for any purpose covered by the FCRA, for tenant or employment screening, or to decide anyone’s eligibility for anything;
- contact anyone in violation of telemarketing, calling, texting, email or privacy laws, or the Do Not Call rules;
- resell, sublicense, publish or redistribute results or data from the Service, or build a database, list or product to compete with it;
- scrape, crawl, bulk download or access the Service by automated means other than the interfaces we provide, or get around limits, prices or security;
- use results to train, fine-tune or improve any machine learning or AI model;
- share your account, or upload anything unlawful, infringing or harmful, or that you have no right to use.
We may investigate suspected misuse, cooperate with law enforcement, and keep and share records as the law allows.
10. Your content and ours
You keep ownership of the lists and files you upload (“Your Content”). You give us a license to host, process and use Your Content only to run, secure and support the Service for you. You confirm that you have the right to upload Your Content and to use it this way. The Service, its software, design and data compilations belong to Locate Next and its licensors. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable right to use the Service and the results you receive for your internal business purposes.
11. Suspension and termination
You may stop using the Service and cancel your plan at any time. We may suspend or end your access at any time if we believe you have broken these Terms or the law, if an amount is unpaid or disputed, if your use creates risk for us, our providers or others, or if we stop offering the Service. If we end the Service for everyone without any breach by you, we will refund any unused balance. Sections 4 to 10 and 12 to 17 continue after your access ends.
12. Disclaimers
THE SERVICE AND ALL RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
13. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, LOCATE NEXT AND ITS MEMBERS, OFFICERS, EMPLOYEES AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DEALS, DATA OR GOODWILL, EVEN IF TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR ANY CLAIM ARISING FROM HOW YOU CONTACT OR USE INFORMATION ABOUT ANY PERSON, INCLUDING CLAIMS UNDER THE TCPA OR DO NOT CALL RULES.
14. Indemnification
You will defend, indemnify and hold harmless Locate Next and its members, officers, employees and providers from any claim, loss, fine, penalty, damage or cost, including reasonable attorneys’ fees, arising from your use of the Service or results, Your Content, your calls, texts, emails or other outreach, or your breach of these Terms or the law.
15. Resolving disagreements
15.1 Informal resolution first. Before starting any claim, the party with the claim must send a written notice describing it and the relief sought, to hello@locatenext.com if it is yours, and try in good faith to resolve it for 30 days.
15.2 Binding individual arbitration. Any dispute, claim or controversy relating to the Service or these Terms, including their formation and enforceability, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator. The Federal Arbitration Act governs this section. Arbitration will take place in Wilmington, Delaware or by video, and judgment on the award may be entered in any court with jurisdiction. Either party may bring an individual claim in small claims court, and either party may ask a court for an injunction to protect its intellectual property or stop misuse of the Service.
15.3 No class actions and no jury. Claims may be brought only on an individual basis, never as a plaintiff or class member in a class, collective, consolidated or representative proceeding. The arbitrator may not combine claims of more than one party. You and we each waive the right to a jury trial.
15.4 Opting out. You may opt out of arbitration by emailing hello@locatenext.com within 30 days after you first accept these Terms, with your name, account email and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.
15.5 Time limit. Any claim must be started within one (1) year after it arises, or it is permanently barred.
15.6 Governing law and courts. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules. For any matter not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Delaware.
16. General
These Terms, together with any order or pricing you accept in the app, are the entire agreement about the Service. If any part is found unenforceable, the rest stays in effect, and the unenforceable part is limited as little as needed. Our failure to enforce a right is not a waiver. You may not assign these Terms without our written consent; we may assign them in a merger, sale or reorganization. Neither party is responsible for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email or shown in the app.
17. Contact
The Lexington Group LLC, doing business as Locate Next. Email hello@locatenext.com. Our Privacy Policy explains how we handle personal information.