FBA Lead List’s Terms and Conditions (“Terms and Conditions”) is a legal agreement between you and FBA Lead List (“we,” “us,” or “our”) that governs your interaction on fbaleadlist.com and other FBA Lead List services (collectively, the “Site”) and your purchases and use of products and services made available through the Site. By using the Site, you signify that you have read, understand and agree to be bound by these Terms and Conditions. We have the right to change the Terms and Conditions at any time by posting a temporary notice of the changes in the footer of our Site, and the changes will be effective upon posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms and Conditions.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions may apply to certain purchases. Such additional terms and conditions are in addition to these Terms and Conditions and you agree to abide by such additional terms and conditions.
ORDERS AND PAYMENT
All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the booking is no longer available or has been mispriced, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has already been charged for an order that we later cancel not due to your violation of these Terms and Conditions, we will issue you a refund.
We do not guarantee that we offer the best available rates for the products and services available on the Site. While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.
The Site currently offers various monthly subscription plans. Once you select your preferred plan and subscribe to the service by making the first payment, you will start receiving the leads according to your selected plan at the email address provided by you during the registration process.
All subscription plans and accompanying subscription fees are listed on our Site and quoted in USD. You will be billed according to your subscription plan (plus applicable taxes) when you first subscribe and each month thereafter, on an automatically recurring basis until subscription cancellation.
We currently use CHARGEBEE and Paypal payment processor to process all subscription payments. Please note that the Site does not store or process any credit card details, and all your sensitive payment information is collected and managed by Chargebee and Paypal.
The Site reserves the right to modify any plans, subscription fees, payment, cancellation, and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to cancel your subscription.
In the event we do not receive your subscription fee when it was due and payable, we will attempt to contact you at the email address provided by you during registration. We reserve the right to terminate your subscription in the event of non-payment. You hereby grant the Site the right to continue its attempt to bill your selected payment method for up to 90 days for failed payments. Please note that we will not be held responsible for any claims relating to loss of data, loss of revenue or lost opportunity as a result of the termination of your subscription resulting from any non-payment of your subscription fee.
We cap all lists at 44 subscribing members to protect the integrity of the leads. Occasionally during open registration periods, it is possible that some users may have the registration forms open in excess to the 44th user before our team is able to switch the open registration to closed. (Example: two extra users subscribe on open registration and there are 46 members instead of 44.) In the event that extra users are able to register for a list before it is closed, you agree that we have the right to 21 days to address this issue as a company and either –a) move excess users to another list that isn’t full — b)allow pending subscription cancellations to occur and drop the user subscription back to 44 or below –c)refund new excess users and place them back on the waitlist. It’s important to note that our average subscription rate per list is at 44 users or under for the lifetime of our lists, and an over-fill scenario is rare and unlikely to occur.
You acknowledge that membership of any plan is subject to availability and the Site is under no legal or moral obligation to accept any member. We may in our sole discretion refuse to accept any member without providing any reason for our refusal.
If you’d like to cancel your subscription, email firstname.lastname@example.org.
You must cancel your subscription before the end of your current billing cycle to avoid being billed for the following month.
All subscription payments are deemed to be fully earned on the day your account is billed. We do not offer any partial refunds should you decide to cancel your subscription before the end of your current billing cycle.
If we refuse your order, a refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
NO GUARANTEE OF INCOME
The Site is unable to offer any guarantees as to any income during the term of this Agreement. You accept full responsibility for your financial performance during this Agreement. You understand and accept that your income depends on your own individual capacity, expertise, experience, and efforts. The Site is unable to assume any responsibility for your success or offer any guarantees of any nature whatsoever.
You understand and accept that the Site does not have any control or influence on any customer’s decision to acquire your product on any third-party marketplace. The Site will not be held liable for your success or failure to achieve any specific financial or career goals during this Agreement.
You are solely responsible for your user content and your activity on the Site. Do not submit content that (i) is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion, (ii) violates or infringes anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets, (iii) violates or infringes anyone’s privacy or publicity rights, such as posting images of someone without their permission, (iv) involves the transmission of “junk mail”, unsolicited mass mailings or “spam”, or (v) falsely implies that we sponsor, endorse or are otherwise affiliated with you or your User Content.
You may use the Site only to the extent that you abide by these Terms and Conditions and all laws applicable to your use of the Site. We have the right to not process a transaction if we believe it violates any agreement, or exposes you, other users, our partners or us to harm, such as fraud or criminal acts. If we suspect, in our sole discretion, that your account has been used for an unauthorized, illegal or criminal purpose, you agree that we have the right to share your information, your account and your transactions with law enforcement. You may only use the Site in the United States and may not directly or indirectly export our services. The Site may be subject to export restrictions imposed by law. You shall not use the Site for any purpose competitive to FBA Lead List.
The Site may be available with mobile use. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.
So long as you comply with the these Terms and Conditions, FBA Lead List grants you a limited, worldwide, nonexclusive, non-transferable, revocable, personal license to access and use the Site for your personal use solely to make purchases and interact with the Site in accordance with these Terms and Conditions. We may modify or discontinue offering any or all of our services at any time, for any or no reason, without notice to you and without any liability.
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms and Conditions. You represent and warrant that your content you post and your activities on the Site do not and will not violate these Terms and Conditions or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights. Except as expressly and unambiguously permitted in these Terms and Conditions, you may not, nor may you permit anyone else to, directly or indirectly: (i) use any manual process or robot, spider, scraper, or other automated means to collect information from users of the Site, (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from the Site; (iii) transfer any rights granted to you under these Terms and Conditions; (iv) violate the restrictions in any robot exclusion headers on the Site, work around, bypass, or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer the Site, (v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; (vi) change or delete any ownership notices from the Site, (vii) take any action or use the Site in a way that violates law, would create liability or promote illegal activities, (viii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account, or (ix) otherwise use the Site except as expressly allowed under this section.
The Site is protected by U.S. copyright laws, trade secrets, international treaty provisions and other intellectual property laws. FBA Lead List owns all right, title and interest in and to the Site (including any copies, updates or upgrades and all derivative works thereof), FBA Lead List’s trademarks and services marks and all intellectual property and other proprietary rights therein. You may not remove or obscure any identifying notices that we have placed on the Site, including without limitation, any copyright or proprietary notices. FBA Lead List reserves all rights not expressly granted to you in these Terms and Conditions.
In the event that you submit or post any creative suggestions, proposals, or ideas about the Site or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you.
If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at: firstname.lastname@example.org. Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (i) you are 18 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms and Conditions; (v) you and will comply with all federal, state and local laws, including without limitation applicable tax laws; (vi) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vii) you and your use of the Site will be in compliance with these Terms and Conditions.
The Site is provided “AS IS,” “AS AVAILABLE,” and without warranties of any kind. You use the Site at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title and non-infringement related to or arising out of the Site, any content on the Site, or any products or services purchased or made available on the Site, as well as warranties implied from a course of dealing or course of performance. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, (iii) the results obtained from the use of the Site will be accurate or reliable or (iv) that the Site will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the Site or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all of the Site and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from FBA Lead List or through the Site will create any warranty not expressly stated herein.
LIMITATION OF LIABILITY AND DAMAGES
The providers whose products and services are available on the Site are independent contractors and not agents or employees of FBA Lead List. FBA Lead List is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that you assume full responsibility for your use of the Site and the purchase and use of products and services available through the Site. To the maximum extent permitted by applicable law, FBA Lead List, its affiliates, officers, directors, employees, agents, services providers and licensors shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site or any errors, omissions or inaccuracies in any content in the Site; (ii) the Site or the conduct of other Site users or third parties; (ii) the performance of the products and services purchased through the Site; (iii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your data, content or personal information; (vi) termination or downgrading of your account,(vii) any bugs viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (viii) user content or defamatory, offensive, or illegal conduct of any third party, (ix) the services, activities, events and adventure travel made available through the Site, (x) any action we take or fail to take, (xi) any damages or injury arising from any use of products and services made available through the Site, or (xii) any other matter relating to the Site or any products or services made available through the Site.
Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to these Terms and Conditions and/or use of the Site is to stop using the Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Site, our liability shall never exceed the amounts paid by you to us in connection with the Site. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.
You agree to indemnify, defend and hold harmless FBA Lead List, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) the products and services purchased through the Site, (iii) any liabilities, claims, damages and injuries arising from or related to any act or omission of a provider whose products and services are available on the Site or another third party, (iv) your conduct in connection with the Site, or (v) your violation of these Terms and Conditions, any law or the rights of any third party.
THIRD PARTY LINKS AND SERVICE OFFERS
The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.
By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and FBA Lead List may be recorded.
You are responsible for your interactions with other people, whether through the Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.
We control and operate the Site from our offices in the United States. We do not represent that the Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use the Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in the United States.
You may terminate these Terms and Conditions by closing your account at any time. We reserve the right in our sole discretion to (i) terminate your account, (ii) delete your profile and any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms and Conditions shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms and Conditions to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers.
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms and Conditions, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.
You may not assign these Terms and Conditions or any rights and licenses in these Terms and Conditions. These Terms and Conditions may be assigned by FBA Lead List without restriction.
Choice Of Law And Forum
By using this Site, you agree that FBA Lead List, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Limitations on Claims
Any cause of action or claim you may have with respect to FBA Lead List or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
Our failure to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms and Conditions.
If any provision in these Terms and Conditions is invalid or unenforceable, the remaining provisions of these Terms and Conditions shall continue to be valid and enforceable.