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Terms and Conditions

TERMS & CONDITIONS

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE: All users of this site agree that access to and use of this site, are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Terms & Conditions of Use, Disclosures and Disclaimers:

Welcome to the website of Find Lists. The information on this page governs your use of the Find Lists web site. Your use of this site is your acknowledgement that you understand the terms and conditions set out here and that you agree to comply with these terms and conditions. If you are unable to accept and abide by these terms and conditions, please do not use this site or its information. Also note that we may change these terms and conditions from time to time without providing notice. You should refer to this material whenever using this site.

Please read the following carefully:

Find Lists and its contributors reserve all rights and no intellectual property rights are conferred by this agreement. Find Lists grants you a non-exclusive, non-transferable license to use the databases accessible to you subject to these Terms & Conditions. The databases may only be used for viewing information or for extracting information to the extent described below. You agree to use information obtained from Find Lists only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information or data. Find Lists is the owner in full of the copyright of the Databases it sells.

No Relationship Formed:

All materials on this Web site are provided by Find Lists for informational purposes only and do not contain legal advice, legal opinions or any other form of advice regarding any specific facts or circumstances or the data, products, and service(s). The transmission and receipt of information contained on the Web site neither form nor constitute any relationship with Find Lists, or any of its partners, associates or consultants. Any use of the information contained on this web site or transmittal of information from emails on this web site do not give you a reasonable basis for a belief that that use creates an attorney client relationship.

Limitation of Liability:

Although Find Lists makes reasonable efforts to keep material on this web site current, please understand that laws, regulations, other legal authorities and other information change quickly and may not be fully reflected on this site without delay. Therefore, you should not act upon any information on this website without seeking professional counsel. Our databases are sold as is. Find Lists makes no warranties, representations or claims of any kind with respect to any of the information on this web site, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall Find Lists or any of its partners, associates, consultants or agents involved in the creation or delivery of the material on this web site be liable to you or anyone else as a result of damages from your access or use of material on this web site.

Links:

In an attempt to provide increased value to our visitors, Find Lists may link to sites operated by third parties. However, even if the third party is affiliated with Find Lists, Find Lists has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Find Lists. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Find Lists seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Copyright:

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Find Lists. The collective work includes works that are licensed to Find Lists. Copyright 2014, Find Lists ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Find Lists or purchasing Find Lists products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Find Lists or to purchase Find Lists products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Find Lists.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks:

All trademarks, service marks and trade names of Find Lists used in the site are trademarks or registered trademarks of Find Lists.

Warranty Disclaimer:

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Find Lists disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Find Lists does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Find Lists does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. By purchasing a database on our site you understand that all fields may not be present on certain databases. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Miscellaneous:

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Find Lists products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Find Lists products) must be commenced within one (1) year after the claim or cause of action arises. Find Lists failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Find Lists may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site:

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Find Lists or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer:

Find Lists does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Find Lists is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Find Lists reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Find Lists in its sole discretion.

Limitations on Use:

You are prohibited from reselling any data/lists purchased from Find Lists. You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the web site of Find Lists whether or not enumerated here. If you have any questions about your obligations set out here, you should contact Find Lists to clarify and questions you have.

Indemnification:

You agree to indemnify, defend, and hold harmless Find Lists, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account or use of anything purchased from Find Lists You should contact Find Lists to clarify any questions you have.

Delivery:

After a database is purchased on this site and payment has cleared, the buyer will be given a link to download the database/list. Find Lists is not responsible for any computer issues you may have arising from download. You may need WinRar or WinZip installed on your computer to download our databases correctly. We track all downloads, and once a file has been downloaded one time, our service will be considered rendered. Delivery by mail: once a database/list is purchased from our site you may request to have the database/list mailed to your address via postal mail. By placing an order from Find Lists you agree to our Delivery Terms.

Refund Policy:

Due to the nature of the data sold, all sales are final and non-refundable. If you have any questions regarding any of our terms and conditions or refund policy please contact Find Lists before placing your order. By placing your order and submitting your information you are entering into a binding purchase contract. This has been done to protect the integrity of our databases from any fraudulent activity on our website. I give full authorization to Find Lists to charge me in full for any and all products purchased from Find Lists. I understand that any and all products purchased from this site do not have any specific guarantee of response rate or accuracy. I understand that all sales are final, and I understand there are no refunds. If you do not agree with these terms, conditions, or refund policy please leave our site.

Email Marketing/Email Campaign Sending Terms:

This is a legal binding agreement between you and Find Lists.

This agreement is regarding your purchase of a service where Find Lists agrees to send your email campaigns.

Find Lists not responsible for the success or the failure of your email sending campaign. We do not guarantee sales or sign ups and will not issue a refund for a campaign that doesn't get sales or sign ups.

We do not guarantee any specific open or click through rate for your campaign. We have clients with high open/click through ratios, clients with very low open/click through ratios, and clients in the middle. There are many factors that play into a successful email campaign including subject line, number of emails being sent, the email list used, day/time sent, etc.

We have a NO refund policy on email sending. NO refunds will be issued for our email campaign sending service. We reserve the right to stop sending a email campaign at any time without refund for CAN-SPAM Act Violations.

When using Find Lists for sending email campaigns you may have issues due to website server overload, website errors, domain blacklisting, IP Blacklisting, complaints and many others. You agree that Find Lists will not be held responsible in any way for anything that arises from Find List's email campaign sending service.

Due to the nature and electronic data and service Find Lists provides, Find Lists does not accept cancellations, requests for modifications, or returns for credit or refund. All sales are final. In the event that a customer requests a refund, Find Lists has full authority to affirm any refund whatsoever.

You understand that this purchase will appear on your credit card statement under the name Find Lists and in the event you have any problems with this order, you can contact us for a prompt resolution. You understand that by using our email marketing services, we can't be held responsible for successes or failures that may incur.

Right to refusal:

Find Lists reserves the right to refuse any or all service based on our company policy of respectable marketing practices at anytime.

Campaign starting date:

The campaign starting date is specified at the time of order. Due to variances in amounts of orders at different times, the starting date may fluctuate, and we are in no way to be held responsible if your campaign does not start by a specific date. You are guaranteed that Find Lists will send the number of emails you specify within 5 days of the campaign starting date. This is the only guarantee for this service. In no event shall Find Lists be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other pecuniary loss) arising out of the use or inability to use the service, even if Find Lists has been advised of the possibility of such damages.

Any order that results in a Fraudulent Charge or Chargeback will be reported to a fraud database used by over 1000 online advertising providers. All information on fraudulent orders is blacklisted with all providers and ALL the information we collect may be turned over to law enforcement authorities for further investigation.

In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated or not with the internet and its underlying infrastructure"), the Client will NOT hold Find Lists or its Partner/Affiliate websites responsible for these errors. Any and All campaigns delivered on behalf of the Client, using the Clients Ad during this down time will not be credited or refunded.

Client understands that HIT COUNTERS on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE FROM A CAMPAIGN. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also understands that Find Lists does not guarantee sales or signups and will not issue a refund if none are achieved.

We reserve the right to host any and all images that might appear in an email ad on one of our servers.

The client understands and acknowledges that the campaign report received by Find Lists or its Partner/Affiliate websites to be true and accurate and agrees to hold Find Lists or its Partner/Affiliate websites, its parent company as well as all companies and individuals involved harmless for any unexpected results arising from any advertising campaign.

Client agrees to these terms of service and understands that they are legally binding.

Find Lists reserves the right to stop a campaign at any time without refund due to CAN-SPAM Violations.

Legal Use:

If our services are used for illegal purposes, then you will be in violation of our Terms & Conditions, and we will cancel your account immediately.

If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect.

These terms and conditions are subject to change at any time after the stated term has ended.

By placing an order with us, you acknowledge that you agree to these terms and conditions.

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