These Terms of Use govern your access and use of this Unlimitlists web site and its related sites (collectively, the “Unlimitlists Site”). Please read these Terms of Use carefully before using the Unlimitlists Site. By using the Unlimitlists Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Unlimitlists Site.

Unlimitlists.com subscribers, new customers (“you”) are subject to these Terms & Conditions.

Limited License

Upon your execution of the Agreement and the payment of all amounts due to Unlimitlists, you are granted a personal, nontransferable and nonexclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the terms of the Agreement. Upon expiration or termination of the Agreement, you shall not have access to data files stored post login.

Your Responsibilities and Usage of Data

• Your use of the data will comply with all applicable federal, state and local and foreign laws, statues, rules, regulations (“Laws”) including Laws regarding telemarketing, email, and facsimile marketing, customer solicitation and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
• Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry laws.
• For the purpose of consumer data it is the user’s responsibility to ensure compliance with Telephone Consumer Protection Act (TCPA) rules including compliance with the DNC registry. Data is regular updated and compared against the DNC registry, consumers are encouraged to get a free SAN at https://telemarketing.donotcall.gov and use our online tool to maintain compliance. Note: The courts have ruled the list buyers cannot be legally protected from fines or court actions based off the compliance a list broker provides. In fact, any marketer can be held liable for violating the DNC laws even if they are only calling numbers not listed on the DNC http://business.ftc.gov/documents/alt129-qa-telemarketers-sellers-about-dnc-provisions-tsr#Compliance. For more information regarding this please review http://business.ftc.gov/documents/alt129-qa-telemarketers-sellers-about-dnc-provisions-tsr.
• You may not share your account information with any other users. Sharing account information will result in a suspension or cancellation of the user account.
• You may not utilize any data mining software or service with the purpose of extracting data or information from the database.
• You may not sell, license, dispense or in any other way distribute the data to a third party. If a user is found selling data that user will be charged $200 per list sold and $.05 per record.

Fair Usage

In order to ensure fair usages for all users, each user is subject to a fair usage policy even though we provide users unlimited access to the data. You can download 5,000 records at any time and as often as you would like up to the plans max download capacity (based on plan type). If you are an Unlimited plan user than and plan on downloading more than 100,000 records in a given month. Please contact support@unlimitlists.com to increase the total number of downloadable records at one time for your plan to avoid having your account locked.

Disclaimer of Warranties; Limited Warranty.

The data is provided on a strictly “as is” basis. Unlimitlists does not assure or warrant the correctness, comprehensiveness or completeness.

Unlimitlists will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expenses, including any and all attorney’s fees and legal costs, whether general, direct, special, incidental, consequential or other damage caused in whole or in part of directly or indirectly by any use of the Data provided by Unlimitlists.

Cancellation & Refunds

Monthly Subscription

A user can cancel their Monthly subscription at any time. Subscription is non-refundable and is not eligible for a pro-rated refund. User will need to cancel a minimum of 3 days prior to the payment cycle to ensure no additional payment is processes for next payment cycle. Once the Monthly subscription is canceled the user will have access to their account and data for the remainder of the month. At the end of the month the user won’t have access to their account, lists and/or data.

Governing Law; Jurisdiction

The Agreement shall be governed by and construed under the laws of the State of Virginia, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the Circuit Court of Loudoun, Virginia.

Indemnification

Each party to this agreement shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and employees, from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense, including attorneys’ fees and witness fees, arising from, or in connection with, or caused by, any act, failure to act, or negligence of such indemnifying party, to the extent limited in accordance with the laws of the state of Virginia. This indemnification shall not be limited in any way, by any limitation on the amount or type of damages or compensation payable to, or for, the indemnifying party under workers’ compensation, disability benefits, or other employee benefit acts.

Unlimitlists has the right to change, modify or add to the terms and conditions governing this site, or any part thereof, the information, products, or services offered through this site. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including posting on this site or by other electronic or conventional means. You agree to review this page periodically to be aware of any such changes, modifications, additions or deletions to the terms and conditions stated herein. Your continued use of the site after such notice has been given shall be deemed to constitute acceptance of the changes, modifications, additions or deletions.