Terms of Use

Effective Date: Jul 25, 2022

1) Your Acceptance of Terms

These Terms of Use are entered into by and between you and Agency Leads (the “Company,” “we,” or “our”). By accessing or using any of the Services (defined below), you acknowledge that you have read, understood, and expressly agree to be bound by and comply with these Terms of Use, which together with any other documents incorporated by reference herein (collectively, these “TOU”) form a legally binding contract between you and the Company and govern your access to and use of the Website and any applicable Services, including the mandatory arbitration provision set forth in Section 18.

ARBITRATION NOTICE: UNLESS YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you are entering into these TOU on behalf of a company or other legal entity, you represent that you have full authority to bind such company or entity to these TOU, and that all references to “you” or “your” shall refer to such company or entity.

If you do not agree, are unwilling, or are unable to comply with these TOU, you must not access or use the Website or any Services made available through the Website.

By using the Website, or by clicking to accept or agree to these TOU when this option is made available to you, you accept and agree to be bound by these TOU, our Privacy Policy, and any other terms and conditions presented to you in connection with your access or use of the Website and any Services, as may be applicable.

2) Changes to These TOU

We may revise and update these TOU from time to time in our sole discretion by updating this posting, or by sending you email or written notification, and you consent to receive such notifications. All changes are effective immediately when we post them and apply to all access to and use of the Website or any applicable Services thereafter.

You are bound by any revisions and should therefore periodically revisit this page to review the current TOU and make sure that you add [email protected] to your email address book to help ensure you receive notifications from us. The Company is not responsible for any automatic filtering employed by your network provider in connection with email notifications.

Your use of the Website or any Services after the effective date of any revision to these TOU constitutes your agreement to the updated terms. If you do not agree to the modified terms and conditions, you should discontinue using the Website and/or the Services.

3) Description of Services

These TOU, together with any additional terms and conditions presented to you upon your use or access of the Website and/or purchase of Services, govern your use of all of the following (collectively, the “Services”):

1. This website (the “Website”), and all products, services, and content provided or made available to you through the Website, including but not limited to the proprietary databases developed and maintained by the Company and the formatting, categorization, structuring, and display of information therein (the “Databases”), and any and all materials, data, information, text, videos, software, images, graphics, illustrations, trademarks, copyrights, logos, and any other content or services developed, contained, or accessible by means of the Website or the Databases (collectively, “Company Content”).
2. Any mobile applications or other downloadable applications (“Applications”).

By using any Application to enable, augment, or enhance your use of the Website, you explicitly confirm your acceptance of the end-user license agreement associated with the Application provided at download or installation, as updated from time to time.

Any inconsistencies between terms and conditions shall be construed so that the more restrictive terms and conditions apply.

The Services do not include support of the Website or the Services. The Company makes no guarantees as to the availability of the Website or the Services.

4) Accessing the Website

The public portions of our Website do not require registration to browse and enjoy, and are offered and intended only for use by persons aged 18 years or older who reside in, access, or use the Website from within the United States of America, and who comply with and agree to abide by these TOU.

By using the Website or any of our Services, you represent and warrant that you are of legal age to form a binding contract with the Company, that your access and use of the Website and the Services shall be solely for their intended purposes as described in these TOU, and shall comply with all applicable laws, rules, and regulations, including but not limited to the CAN-SPAM Act of 2003 and laws pertaining to telemarketing, solicitation, and privacy (collectively, “Laws”), as the same may be amended.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Authorized Users.

You are responsible for (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these TOU and comply with them.

4.A) SMS Terms & Consent (Reference)

If you enroll in our SMS/text messaging programs or receive text messages from us, those communications are governed by our dedicated policy. Please review our current SMS Terms for details on consent, message frequency, fees, how to opt out (e.g., replying STOP), and additional disclosures. Where applicable, the SMS Terms supplement these TOU and control with respect to SMS messaging.

5) Access to Subscription Services

Access to our Databases and other non-public subscriber-only areas of our Website and Services are offered and intended only for Authorized Users on behalf of Authorized Businesses in connection with Free Trial Subscriptions or Paid Subscriptions, and are subject to the terms and conditions of the Company’s Subscription Agreement. Each user of subscriber-only Services must be an Authorized User, meeting all of the eligibility requirements set forth in the Subscription Agreement, and currently employed by an Authorized Business.

Authorized Businesses are those businesses, organizations, or other legal entities whose subscription to the Services has been pre-approved by the Company, have completed and submitted a subscription registration form and either purchased a subscription to the Services (“Paid Subscription”) for the period of time for which it has paid the Company (the “Subscription Period”), or been granted a free trial subscription (“Free Trial Subscription”)—any Free Trial Subscription will be treated hereunder in the same manner as a Paid Subscription subject to these TOU—and have affirmatively agreed to be bound by these TOU, the Subscription Agreement, and any other agreements between you and the Company applicable to your access and use of the Services, the terms and conditions of which are incorporated herein by reference.

To speak with a Company representative about becoming an Authorized Business, please contact us using the Contact Information set forth in Section 24, or submit a request for information by completing and submitting our online request form, and a representative will contact you. The Company reserves the right, in its sole discretion, to refuse to grant any business, organization, or other legal entity “Authorized Business” status.

The Company reserves the right to refuse to provide you access to the Services or to allow you to open a User Account for any reason.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures in connection with your registration as an Authorized User, you must treat such information as confidential and must not disclose it to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to any subscriber-only Services using your credentials. Notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Use particular caution when accessing your account from a public or shared computer.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOU.

You agree that all information you provide to register with this Website or otherwise, including through any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

6) Intellectual Property Rights

The Company Content, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company has expended significant resources gathering, assembling, and compiling the data sets contained in the Services; as such, the Services constitute valuable intellectual property of the Company. Except for the limited license granted herein, no right, title, or interest in any Company Content is transferred to you, and the Company reserves all rights not expressly granted herein.

Any use of the Company Content not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark, and other laws. The Company will enforce its intellectual property rights to the fullest extent of the law.

Any personal data you transmit to the Website by electronic mail or otherwise will be used by the Company in accordance with its online Privacy Policy, which is incorporated herein and subject to these TOU. Any other communication or material you transmit to the Company, such as questions, comments, suggestions, or ideas, will be treated as non-confidential and non-proprietary.

7) Limited License

Subject to your compliance with these TOU, the Company grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable limited license to use the Company Content solely for your personal, non-commercial use; or, if an Authorized User, then on behalf of your current employer, provided such employer is an Authorized Business, and solely for its legitimate and ordinary internal business purposes in accordance with these TOU.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or accessible through our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files automatically cached by your web browser for display enhancement purposes.
• You may store contact information and lead information for the sole purpose of ordinary business operations.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide Applications for download, you may download a single copy to your computer or mobile device provided you agree to be bound by the end-user license agreement for such applications.
• Authorized Users may access the Databases and other subscriber-only Services included in your Subscription to view the licensed information available through the Services and to contact persons found in the Databases, provided all such contacts are made in conformance with applicable laws regarding commercial emails, telemarketing, solicitation, and privacy, and directly relate to your legitimate, internal, ordinary business purposes.

The Company may terminate your license at any time for any reason or no reason without notice.

8) Prohibited Conduct

In accessing or using the Website or any of the Services, you agree that you shall not engage in any of the following prohibited activities:

• Use the Company Content in any way not expressly permitted under these TOU, including modifying, copying, distributing, displaying, publishing, licensing, creating derivative works from, transferring, or selling any Company Content or other information.
• Copy, distribute, or disclose for commercial purposes any part of the Services in any medium, including through automated or non-automated “scraping” or data mining.
• Develop or derive for commercial sale any Company Content in any form (e.g., an individual’s contact information or lists of multiple individuals’ contact information) or other information that you may access through the Services.
• Use any Company Content to compete with, or assist any other person or entity in competing with, the Company.
• Violate any applicable Laws, including using any Company Content in a manner that violates the U.S. CAN-SPAM Act of 2003, as amended.
• Make available to the Company any information if doing so would violate applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, employer policies, or other requirements to which you are bound.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity; conduct fraud; hide or attempt to hide your identity.
• Use multiple email addresses, multiple aliases, fictitious names, or fictitious email addresses when using any Services or submitting any User Contributions.
• Violate or attempt to violate the security of any Services (e.g., unauthorized logins; testing, scanning, probing, or hacking; breaching security, encryption, or authentication measures; interfering with the Website by overloading, flooding, pinging, or crashing).
• Reverse engineer, decompile, or disassemble any portion of the Services.
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, or the like) to navigate, search, or access any portion of the Website other than the database made available by the Company and generally available to third-party web browsers; or access the Services in any manner that sends more request messages to our servers than a human user can reasonably produce using a conventional web browser.
• Upload invalid data, viruses, worms, malware, or otherwise threaten or interfere with the safety, security, or proper functioning of any Services.
• Bypass any measures the Company may employ to prevent or restrict access to any Services.
• Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm the Company or users of the Website or expose them to liability.

9) User Contributions

The Website may contain interactive blogs, message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these TOU.

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable Laws. Without limiting the foregoing, User Contributions must not:

• Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or that invades another’s privacy or infringes any intellectual property right.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person.
• Violate the legal rights (including publicity and privacy) of others or contain material that could give rise to civil or criminal liability under applicable laws or that is otherwise in conflict with these TOU and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if not the case.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
• All of your User Contributions comply with these TOU.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you—not the Company—have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.

10) Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the TOU (including the Content Standards), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including intellectual property or privacy rights.
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website or Services for any violation or suspected violation of these TOU.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

11) Copyright Infringement

If you believe that any User Contributions violate your copyright, or if you believe that the Website or Services contain content that infringes your copyright, please forward the following information to Agency Leads, LLC, 2101 E Broadway Rd, Ste 1, Tempe, AZ 85282, Attn: DCMA Customer Support, or by email to [email protected]:

• Your mailing address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the infringing material is located on the Website or Services.
• A statement that you have a good-faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the alleged owner of the copyright interest, or the person authorized to act on their behalf.
• A statement that the information contained in your notice is true and accurate, subject to penalty of perjury, and that you are either the copyright owner or authorized to act on the owner’s behalf.

12) Subscription Agreement and Other Terms and Conditions

All subscriptions through our Website for access and use of subscriber-only Services and resources are governed by our Subscription Agreement and made subject to compliance with these TOU. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by reference into these TOU.

13) Links from the Website

The Company does not endorse or make any representations or warranties with respect to third-party websites, products, services, advertisers, or information accessible via the Website (“Third-Party Materials”), and these TOU do not govern any such Third-Party Materials. The Company does not review sites that link to the Website, or any third-party sites (including social media plug-ins) which you may access or link to through the Website, and is not responsible for the content or the privacy policies of any off-Website pages. Your linking to or accessing any Third-Party Materials is at your own risk. You are encouraged to review the terms and conditions and privacy policies of all such third-party sites, and you hereby release the Company from any and all losses, liability, and damages arising from your access or use of any third-party websites and/or Third-Party Materials.

14) Disclaimer of Warranties

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of the Website or any Services or items obtained through the Website or to your downloading of any material posted on it or on any website linked to it.

Your use of any of the Services, including the Website, Databases, and Company Content, is at your own option and risk. All Services are provided to you on an “as is” and “as available” basis. To the maximum extent permitted under applicable law, the Services are provided without warranty of any kind, whether express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Company does not guarantee any results from using the Services. The Company does not warrant that the Company Content is correct, complete, secure, accurate, reliable, or free from errors and omissions; that the Services will meet your specific requirements; that the Services will be uninterrupted and secure, free from viruses, defects, or other harmful components; or that defects will be corrected. You acknowledge that you will be solely responsible for any damage to your computer system, device, equipment, or other property that results from your use of the Services.

You acknowledge that inherent risks exist in all internet transactions, including theft and damage caused by hackers and viruses; as such, the Company makes no guarantees or warranties as to the security or safety of any information transmitted via your user account (including payment information) and expressly disclaims any liability for any breach thereof.

We may update the content on this Website, including the Databases, from time to time, but the Company Content is not necessarily complete or up-to-date. Any of the material on or accessible through the Website may be out of date at any given time, and we are under no obligation to update such material.

Some telephone numbers in the Databases may be on a “Do Not Call” or “Do Not Contact” list. The Company does not independently verify whether any such telephone numbers are contained in any central registries. By using the information provided in the Services, you represent and warrant that you will use such information in accordance with applicable laws and will independently verify, as needed, whether any contacts in the Database have registered a preference not to receive unsolicited sales and marketing calls.

The Company strives for 24/7 access to the Services but disclaims any and all liability for any disruption, outages, or downtime, regardless of cause or duration.

15) Limitation on Liability

To the maximum extent permitted under applicable law, neither the Company nor any of its agents, officers, directors, employees, or any other party involved in creating, producing, or delivering the Services (the “Released Parties”) shall be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of your access to or use of the Services, including without limitation damages for loss of profits, goodwill, use, data, or any other tangible or intangible losses resulting from or arising out of your access, use, or inability to access or use any of the Services.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Under no circumstances will any of the Released Parties be responsible for, and all liability is disclaimed for, any damage, loss, or injury resulting from: (i) hacking, tampering, viruses, or other unauthorized access or use of our server, the Services, your user account, or any of the information contained therein; (ii) errors or omissions in any content; (iii) illegal, offensive, or defamatory conduct of any third party; (iv) user content; (v) service interruptions; (vi) data loss or data corruption arising from your access or use of the Services; or (vii) personal injury or property damage of any kind arising from your access or use of the Services.

In no event shall any of the Released Parties be liable to you for any claims, causes of action, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you have paid to the Company hereunder, or one hundred dollars ($100), whichever is less.

16) Indemnification

You agree to defend (at the Company’s election and request), indemnify, and hold the Released Parties harmless from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with any of the following (including activities conducted on your behalf): (i) your access to or use of the Services, including any User Contributions; (ii) your breach or alleged breach of these TOU; (iii) your violation of any third-party right, including intellectual property, publicity, confidentiality, property, or privacy rights; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Company in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without the Company’s prior written consent.

17) Governing Law and Jurisdiction

These TOU are governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to principles of conflicts of law. For any action at law or in equity relating to the arbitration provision of these TOU, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in the United States District Court for the District of New Hampshire or the appropriate state court located in Hillsborough County, New Hampshire, and to submit to the personal jurisdiction of the courts located in New Hampshire for the purpose of litigating all such disputes.

If any provision of these TOU is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Company’s failure to insist upon or enforce strict performance of any provision will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or any other term. The Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with the Company.

18) Arbitration

Unless you opt out of arbitration pursuant to the opt-out procedure below, you agree that any and all disputes arising between you and the Company relating to your access and use of the Services, these TOU, and/or rights of privacy and/or publicity shall be resolved exclusively through final and binding arbitration rather than in court. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU ACKNOWLEDGE AND AGREE THAT BY OPTING OUT OF ARBITRATION IN ACCORDANCE WITH THE BELOW PROCEDURES, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including its Supplementary Procedures for Consumer-Related Disputes, available at www.adr.org, and you and the Company hereby expressly waive trial by jury. Your share of arbitration fees and arbitrator compensation shall be governed by such rules. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this agreement, and you have no right or authority to pursue a dispute in a representative capacity on behalf of the general public or any other persons. Arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, you and the Company agree to arbitrate the dispute through the AAA center in Boston, Massachusetts, unless another location is mutually agreed. The arbitrator must follow applicable law. Any ruling, decision, or award by the arbitrator, including all aspects of arbitration proceedings, will be strictly confidential. Judgment on the award may be entered in any court having competent jurisdiction. The arbitrator will not have authority to award damages, remedies, or awards that conflict with these TOU.

Excluded Disputes. The following disputes are not subject to the above provisions concerning arbitration: (1) disputes seeking to enforce or protect the validity of any of the Company’s or your intellectual property rights; (2) disputes relating to unauthorized use, theft, or piracy; (3) claims for injunctive relief; and (4) small-claims disputes, subject to the governing law and venue provisions set forth in Section 17.

Opt-Out Procedures. You may opt out of this agreement to arbitrate. If you opt out, neither you nor the Company can require the other to participate in arbitration. To opt out, you must send written notice of your decision to the Company within thirty (30) days of your initial registration to use any of the Services (Free Trial or Paid Subscription, or downloading an Application). Your written notice must include: your company’s name and address; the name, title, telephone number, and email address of the person executing the notice on your company’s behalf; and a clear statement of your company’s intention to opt out of this arbitration agreement. Send written notice to: Agency Leads, LLC, 2101 E Broadway Rd, Ste 1, Tempe, AZ 85282, ATTN: Arbitration Opt-Out.

Failure to send written notice in accordance with this provision means you are bound to arbitrate disputes in accordance with these TOU. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.

19) Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU OR THE WEBSITE OR ANY SERVICES ACCESSED THROUGH THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20) Assignment and Waiver

The Company may assign these TOU at its sole discretion. You may not assign, sublicense, or otherwise transfer these TOU or the limited license granted to you hereunder, in whole or in part, to any other person, entity, or organization. No waiver of any provision of these TOU shall be deemed a further or continuing waiver of such term or any other term. Any failure by the Company to assert any right or provision shall not constitute a waiver of such right or provision.

21) Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these TOU or your access and/or use of the Services. Neither party has authority to make statements, representations, or commitments of any kind, or take any actions that bind the other, except as provided herein or specifically authorized in writing.

22) Entire Agreement

These TOU, our Privacy Policy, Subscription Agreement, and any other terms and conditions presented to you in connection with your access and use of the Services constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

23) Notice Procedures

Notices required by law, permitted hereunder, or in connection with marketing or other business-related purposes may be provided to you via your most recent email on file, through written or hard-copy notice, or through conspicuous postings on the Website. You consent to the receipt of such notices, provided that you may elect to opt out of certain means of communication (e.g., marketing emails).

Under California Civil Code Section 1789.3, California users of the Services are provided with the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24) Contact Information

If you have any questions concerning any of the terms and conditions set forth in these TOU, or your experience with the Services, please contact [email protected] or (623) 263-0990.

Appendix: Main Requirements of CAN-SPAM Act of 2003

• Don’t use false or misleading header information. “From,” “To,” “Reply-To,” and routing information (including the originating domain name and email address) must be accurate and identify the person or business who initiated the message.
• Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
• Identify the message as an ad. Disclose clearly and conspicuously that your message is an advertisement.
• Tell recipients where you’re located. Include your valid physical postal address (street address, a USPS-registered P.O. Box, or a private mailbox registered with a commercial mail receiving agency).
• Tell recipients how to opt out of future email. Provide a clear and conspicuous explanation of how the recipient can opt out. Provide a return email address or another easy Internet-based method, and ensure spam filters don’t block opt-out requests.
• Honor opt-out requests promptly. Opt-out mechanisms must process requests for at least 30 days after you send your message. You must honor an opt-out within 10 business days. Once someone has opted out, you can’t sell or transfer their email address except as needed to comply with the CAN-SPAM Act.
• Monitor what others do on your behalf. Even if you hire a company to handle your email marketing, you can’t contract away your legal responsibility. Both the company whose product is promoted and the company that actually sends the message may be held legally responsible.