Welcome to The List Broker, operated by The List Broker, located at 390 N Orange Ave Suite 2300, Orlando, FL 32801 (“The List Broker,” “we,” or “our”).
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Access and Retention.In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
- Eligibility.You must be at least eighteen (18) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
- Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of The List Broker, which may be revoked at any time, for any reason, in The List Broker’s sole discretion.
- Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify The List Broker of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The List Broker will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your The List Broker account.
- Your Use of the Service
- You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by The List Broker.
- You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.
- You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
- You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any content appearing on the Websites.
- You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
- You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in The List Broker’s sole and reasonable discretion;
- any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in The List Broker’s sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Service, or any content on the Websites.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any The List Broker employee. If The List Broker determines that any user has threatened, stalked, harassed, or verbally abused any The List Broker employee or another The List Broker Member, The List Broker reserves the right to immediately terminate that user’s membership and suspend access to the Service.
- You must not sell or transfer, or offer to sell or transfer, any The List Broker account to any third party without the prior written approval of The List Broker.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- Representations and Warranties.
You hereby represent and warrant to The List Broker as follows:a. You will not use the Websites and/or Service to send Spam (as defined at the Spamhause website <link to https://www.spamhaus.org/consumer/definition/>) or junk mail;
b. You are familiar with, and have ensured that you do not and will not, violate, any applicable law or regulation governing your use of the Service, including without limitation the CAN-SPAM Act of 2003, the the Telephone Consumer Protection Act of 1991 (TCPA), and the Telemarketing Sales Rule (TSR); and
Violation of any of the above may result in immediate action from The List Broker, including without limitation suspension or termination of your account.
- Membership; Pricing; Charges on Your Account.
We reserve the right to set prices in our sole discretion, and to increase or decrease prices without prior notice to users.
- Billing. The List Broker bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay The List Broker all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize The List Broker to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. The List Broker reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You acknowledge and agree that we cannot offer refunds for previously-submitted payments.
- Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. The List Broker may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by The List Broker) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before The List Broker could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”) in your account settings on the Websites. For your convenience, we take your payment information so that your The List Broker membership will not be interrupted. We auto-renew your membership at the level you selected. Your The List Broker subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable).
To cancel, simply send us an email at firstname.lastname@example.org at least three (3) days before the next scheduled payment. Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, or if you cancel your account less than three (3) days prior to the next scheduled payment.
d. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY THE LIST BROKER IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE THE LIST BROKER ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT THE LIST BROKER MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY THE LIST BROKER).
e. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
f. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that The List Broker is authorized to charge your Payment Method. The List Broker may submit those charges for payment and you will be responsible for such charges. This does not waive The List Broker’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
- Discount. We may provide a discount (the “Discount”), which Discount may provide you access to some or all features of the Service at an initially-discounted price. The Discount shall only last for the period of time stated at purchase; after such time, you will be charged the full price at the then-current rates. By way of example, if the Discount applies to the first month of a subscription, your second month will be charged at full price. In order to avoid being charged full price for the Service, please contact us at email@example.com.
- Modifications to Service. The List Broker reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The List Broker shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Services, The List Broker reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
12. Third Party Content. The List Broker may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. The List Broker does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that The List Broker does not create Third-Party Content, nor does The List Broker update or monitor it. The List Broker is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to The List Broker users (collectively, the “Reference Sites”). The List Broker does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
- Intellectual Property. The List Broker, The List Broker logos and any other product or service name or slogan contained in the Service are trademarks of The List Broker or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of The List Broker or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that The List Broker may provide you from time to time.
The List Broker retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of The List Broker, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on The List Broker is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of The List Broker and for The List Broker Members’ use only. Distribution of Content to others is strictly prohibited. You agree that The List Broker would be irreparably harmed by any violation or threatened violation of this section and that, therefore, The List Broker shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You may not use any metatags or any other hidden text utilizing ” The List Broker ” or any other name, trademark or product or service name of The List Broker without our prior written permission. In addition, the look and feel of the The List Broker Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of The List Broker and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by The List Broker. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, The List Broker’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
- Repeat Infringer Policy, The List Broker has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by The List Broker to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by The List Broker of infringing activity violations more than twice. The List Broker may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, The List Broker accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
- Limitation of Liability. In no event shall The List Broker be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from The List Broker or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The List Broker makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL THE LIST BROKER, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF THE LIST BROKER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE LIST BROKER HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, BREACH OF ANY LAW OR REGULATION, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF THE LIST BROKER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of The List Broker and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to The List Broker during the six months prior to notice to The List Broker of the dispute for which the remedy is sought.
- Indemnity by You.You agree to indemnify and hold The List Broker, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- any claim of a violation of law or regulation arising from your use of the Websites and/or Service;
- any third party claim, including without limitation harassment or invasion of privacy, arising from your use of the Websites and/or Service; and
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of The List Broker.
- Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE THE LIST BROKER THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
Please contact us with any questions regarding this agreement. The List Broker is a trademark of [COMPANY NAME]
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.