Terms of Service
Last updated on June 1, 2011.
The Gist
These TERMS OF SERVICE (this "Agreement") is made between listsOnline.com, Inc. ("listsOnline") and you, or, if you represent an entity or other organization, that entity or organization (in either case "You").
listsOnline provides certain services relating to the development, transmission, analysis, and management of marketing databases (the "Service" and/or "Services") through the web site located at www.listsOnline.com and such other Sites as may be designated by listsOnline (each, the "Site").
All access to and use of the Services available through the Site is subject to the terms of this Agreement. If You wish to access and use the publicly available portions of the Services and the Site, You may do so only in compliance with the terms of this Agreement. If You have placed or later place an order (whether through the Site, by email, phone or otherwise) with listsOnline (your "Order") seeking to access and use certain of the Services requiring registration, listsOnline is willing to accept Your Order and provide You with access to and use of those Services only if You comply with the terms and conditions of this Agreement.
Without limiting the foregoing, the Services are not available to individuals under the age of 18 or who do not meet any of the other qualifications included in this agreement.
PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, LISTSONLINE IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ACCESS OR USE THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.
This Agreement is entered into as of when You first access or use the Services or a Site (the "Effective Date"). This Agreement consists of the following terms and conditions. Unless otherwise amended as provided herein, this Agreement will exclusively govern your access to and use of the Services and the Sites and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding your access to and use of the Services and the Sites. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
listsOnline reserves the right, at any time, to change or modify the Site, Services or this Agreement, by making such change or modification available on the Site or by providing other notice to You. Any such change or modification will be effective immediately upon posting on the Site or such other notice. As applicable, You will be deemed to have agreed to such change or modification through your continued use of the Site or Services.
Use of the Service
You are responsible for the security of your passwords and for any use of your account.
Your use of the Service must comply with all applicable laws, regulations and ordinances.
You may not (and You may not permit anyone else to reverse engineer or access the Service in order to (a) build a competitive product or Service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
You may not (and You may not permit anyone else to knowingly or willfully use the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with listsOnline's infrastructure; or interfere or attempt to interfere with the proper working of the Service.
listsOnline reserves the right to enforce quotas and usage limits to any resources at its sole discretion, with or without notice, which may result in listsOnline disabling or throttling your usage of the Service for any amount of time.
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that your disclosure is unsolicited and without restriction and will not place listsOnline under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Service Policies and Privacy
The Service shall be subject to the privacy policy for the Service available as described on the Privacy Policy page on the listsOnline site. You agree to the use of your data in accordance with listsOnline's privacy policies.
Fees for Use of the Service
Customer will pay all fees due for Service according to the prices listed on the listsOnline pricing page unless otherwise agreed to in writing.
All fees are non-cancelable and nonrefundable.
Payments are non-refundable
Charges are solely based on listsOnline's measurements of your use of the Service, unless otherwise agreed to in writing.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
listsOnline may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
Cancellation and Termination
You must cancel your account via an email, written or phone request.
You will not receive any refunds if You cancel your account.
Upon cancellation, payments for any unpaid usage will be due upon cancellation.
All of Customer Data and Content will, within a reasonable amount of time to be determined solely by listsOnline, be deleted from the Service upon cancellation.
You agree that listsOnline, in its sole discretion and for any or no reason, may terminate or suspend your account. You agree that any termination of your access to the Service may be without prior notice, and You agree that listsOnline will not be liable to You or any third party for such termination.
Customer Data
"Customer Data" means any data in it's original condition that you submit to listsOnline for the purpose of using the Service.
listsOnline claims no ownership or control over any Customer Data. You retain copyright and any other rights You already hold in the Customer Data and You are responsible for protecting those rights, as appropriate.
You agree to assume full responsibility for configuring the Service to allow appropriate access to any Customer Data provided to the Service.
You retain sole responsibility for any collaborators or third-party services that you allow to view and/or access Customer Data and entrust them at your own risk.
listsOnline is not responsible for any collaborators or third-party services that you allow to view and/or access Customer Data.
Content
"Content" means all content generated by listsOnline on your behalf or provided to you by listsOnline including data overlays and appended data information from listsOnline or listsOnline partner sources and does not include Customer Data as received by listsOnline.
Delivery
Customer Data and Content are delivered electronically. You acknowledge that certain mechanical or software failures may render the Internet or email unavailable for periods of time without warning or notice and listsOnline assumes no responsibility of any kind for any delays caused by such failures.
Modification of the Service
You acknowledge and agree that the Service may change from time to time without prior notice to You.
Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
listsOnline shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
License from listsOnline
listsOnline gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by listsOnline as part of the Service as provided to You by listsOnline. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by listsOnline, in the manner permitted by the Terms.
Exclusion of warranties
You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available".
You agree that listsOnline has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Data.
listsOnline does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.
Limitation of liability
You expressly understand and agree that listsOnline, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not listsOnline has been advised of or should have been aware of the possibility of any such losses arising).
Indemnification
You agree to hold harmless and indemnify listsOnline, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "listsOnline and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, listsOnline will provide You with written notice of such claim, suit or action.
General Legal Terms
The Terms constitute the whole legal agreement between You and listsOnline and govern your use of the Service and completely replace any prior agreements between You and listsOnline in relation to the Service.
You agree that if listsOnline does not exercise or enforce any legal right or remedy which is contained in the Terms (or which listsOnline has the benefit of under any applicable law), this will not be taken to be a formal waiver of listsOnline's rights and that those rights or remedies will still be available to listsOnline.
listsOnline shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Colorado. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of Colorado, U.S.A. or in state court in Boulder, Colorado U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by listsOnline.
Further Information
If you have any questions regarding this policy or any other listsOnline issue. Please contact us via the contact information listed on the listsOnline web site (http://www.listsonline.com).