TERMS OF SERVICE & CONDITIONS
BlacklistScanner.com Terms and Conditions - Provided by (Network Marketing Service Inc. d.b.a. BlacklistScanner.com)
Network Marketing Service Inc. d.b.a. as BlacklistScanner.com, offers list scrubbing services designed to limit or minimize the risk and expense of TCPA litigation. We are not an attorney or legal entity, and do not offer or provide legal advice of any kind. The information contained within this website or service is provided for informational purposes only, and should not be construed as legal advice. All databases compiled within the site / service are obtained from numerous sources generally available to the public.
Network Marketing Service Inc. d.b.a. BlacklistScanner.com grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use. You may not access the site / service for purposes of copying, re-distribution, assignment or sale. The use of this website is at the discretion of Network Marketing Service Inc. d.b.a. BlacklistScanner.com and Network Marketing Service Inc. d.b.a. BlacklistScanner.com may terminate your use of this website at any time.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS". YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Network Marketing Service Inc. d.b.a. BlacklistScanner.com DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
FCRA REPORTING ACT - Disclaimer / Statement:
1. FCRA: The data provided to you by use of this service may not be used as a factor in establishing a consumer’s eligibility for credit, insurance, employment or other purposes identified under the Fair Credit Reporting Act (FCRA).
1.1 This service allows it's paid customers the ability to discover known TCPA Litigators (a.k.a. Serial litigators / career plaintiff's). Numbers within our known litigator database are obtained from public records of complaints filed within courts across the country. Not credit reporting agencies. (Network Marketing Service Inc. d.b.a. BlacklistScanner.com is not a consumer reporting agency as defined by the Fair Credit Reporting Act, and does not assemble or evaluate information for the purpose of supplying consumer reports.)
2. The following provisions shall apply to Services that require Client to provide raw telephone numbers to the BlacklistScanner.com user interface for scrubbing by comparing the "client data" to various databases to identify numbers that are or may be known TCPA Litigators. (Other databases may be made available as outlined in section 6 herein below.)
2.1 Client (or Client’s authorized agents as described in Section 3 hereof) shall deliver the Client Data by electronic transmission, by uploading via web browser within the User Interface (UI). The UI functions utilizing BlacklistScanner.com's proprietary software creating an output file (“Scrubbed File”) for the exclusive use by Client. The Client then downloads the "scrubbed file" for comparison and management against the originally uploaded file.
2.2 Client acknowledges that only telephone numbers will be uploaded for scrubbing against BlacklistScanner.com's various databases. (Including client's internal Do Not Call lists).
AUTHORIZED USERS AND UPLOADED CLIENT DATA:
3. Only Client and Client’s authorized employees and agents working on the Client’s behalf shall be permitted to upload client data for processing.
3.1 The services provided by BlacklistScanner.com may only be utilized by the number of users and type of users authorized at the time that services are purchased. Client shall be responsible for enabling and maintaining passwords, selecting users qualified to access the BlacklistScanner.com site, and distributing passwords to the users. Client and each authorized user shall use their best and commercially reasonable efforts to prevent any third party from obtaining a password, and Client shall inform BlacklistScanner.com immediately of any actual and potential unauthorized access.
3.2 Client shall be responsible for maintaining all hardware and software necessary to send Client Data to BlacklistScanner.com and receive Scrubbed Files from BlacklistScanner.com, including without limitation, computers, modems, internet service provider contracts providing access to the BlacklistScanner.com website, all necessary email accounts of Client, and any software necessary to transmit or receive Client Data and Scrubbed Files.
AVAILABILITY AND DOWNTIME
4. Availability. Access to the BlacklistScanner.com site and services shall be available to Client twenty-four (24) hours per day, seven (7) days per week, except for one percent (2%) or less of the time during any maintenance and major time as discussed below in this paragraph 5). Client (2%) down-time shall be acceptable for purposes of these Terms of Service and shall not constitute a breach hereof.
4.1 Scheduled Maintenance. The BlacklistScanner.com site and Service may not be available: (i) on a monthly basis for scheduled maintenance and (ii) once per year for a 24-hour period for major maintenance and upgrades.
PRICE AND TERMS OF PAYMENT:
5. Fees: Clients shall pay Network Marketing Service d.b.a. BlacklistScanner.com all fees associated with the level of service that the client subscribes to. Payment will be made by client as directed through a custom order page, utilizing a major debit or credit card. All fees for service will be paid in advance and are non-refundable.
5.2 Fees paid, regardless of use: It is expressly understood by the parties that BlacklistScanner.com duty pursuant to this agreement is to make the services available to Client during the Term of this Agreement. If Client chooses not to use said services, after BlacklistScanner.com has made them available, client shall nonetheless be liable for all fees regardless of whether client made use of such services. All fees paid are non-refundable. ALL SALES ARE FINAL WITH a STRICT NO REFUND POLICY.
CLIENT'S RIGHT TO USE STATE AND FEDERAL DO NOT CALL LISTS:
6. Compliance with DNC Laws. Client warrants and represents that client and client’s customers on behalf of whom client will submit telephone hereunder have reviewed, understand, and will comply with: (i) the Federal Trade Commission’s amended Telemarketing Sales Rule (16 C.F.R. Part 310); the (ii) the Telephone Consumer Protection Act (“TCPA”) of 1991 (47 C.F.R. §64.1200); and (iii) Commission’s implementing or relating to the TCPA or the National Do Not Call Registry (“DNC Registry”). Client further warrants and represents that it will use data derived from the DNC Registry solely to comply with said rules and otherwise prevent telephone calls to telephone numbers on the DNC Registry.
6.1 Rights to Access. Client warrants and represents that client has the right to access and process data necessary contained jurisdiction in which telephone numbers that it submits to BlacklistScanner.com are located, or in each jurisdiction from which federal or state Do Not Call list data is obtained from BlacklistScanner.com. Client shall not submit any telephone number to BlacklistScanner.com or download any DNC Registry Data from BlacklistScanner.com until client has purchased access to the DNC Registry for the area code in which the telephone number is located. BlacklistScanner.com shall have no obligation to perform its obligations under these terms until client has provided a DNC Registry Subscription Account Number and password for client and each of client’s customers on behalf of whom client may submit telephone numbers to BlacklistScanner.com for scrubbing.
6.2 Assignment to BlacklistScanner.com. To the extent allowed by law, client hereby assigns client’s rights to access and process the data on the DNC Registries to BlacklistScanner.com for purposes of allowing BlacklistScanner.com to perform its obligations. Assignment shall not restrict client from accessing such lists itself. Client shall immediately notify BlacklistScanner.com if client loses its right to access and process the data contained on the aforementioned DNC registries. Client shall provide BlacklistScanner.com with any information and documentation that BlacklistScanner.com deems necessary to prove that client has obtained the right to access and process data from applicable DNC Registries and BlacklistScanner.com shall have no obligation to perform its obligations under these Terms until client has provided such information and documentation.
TERM AND TERMINATION:
7. The initial term of this Agreement shall be (1) month from the date on the original order submission (“Initial Term”). After the Initial Term, provided neither party has terminated, this Agreement shall automatically renew for additional one (1) month terms (an “Additional Term”). Either party may terminate this agreement during the Initial term, or any additional term, by providing 30 days written termination notice to the other party. In the event of termination by either party, client will be responsible to pay for any outstanding usage fees. The Initial term, together with the additional terms, shall be considered the “Term.”
BLACKLISTSCANNER.com MARKS AND PROPERTY:
8. Any use of the BlacklistScanner.com marks is strictly prohibited without express written permission of Network Marketing Service Inc. d.b.a. BlacklistScanner.com.
8.1 Restrictions on Use of BlacklistScanner.com Property: Client does not have the right to use (except as specifically authorized under these terms), does not own, and does not acquire under these Terms: (i) the BlacklistScanner.com Services; (ii) the concept of the services; (iii) the materials developed therewith including all software necessary to provide each service; (iv) any proprietary information of BlacklistScanner.com concerning the services; or (v) any trade secrets of BlacklistScanner.com (collectively, “BlacklistScanner.com property”). Without limitation of the foregoing, client shall not engage in any unfair competition with regard to BlacklistScanner.com property including but not limited to: (i) use of any proprietary information of BlacklistScanner.com, (ii) use of any concept developed by BlacklistScanner.com and described on the BlacklistScanner.com site; or (iii) use of any material provided by BlacklistScanner.com in connection therewith, for any purpose other than as specifically authorized under these terms. Client may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, BlacklistScanner.com property, the material on the BlacklistScanner.com site, including text, graphics, code and/or software. Additionally, neither the client nor any of the client’s owners, officers, directors, employees, agents or affiliates shall compete, or intentionally cause or allow for competition, with BlacklistScanner.com, including without limitation by selling suppression services in any way similar to those sold by BlacklistScanner.com.
RELATIONSHIP OF THE PARTIES:
9. The relationship of the parties shall be that of independent contractors. Nothing contained herein shall constitute a partnership or joint venture by the parties. Neither party has, nor shall hold itself out as having, any authority to enter into any contract or create any obligation, whether express or implied, on behalf of the other except as expressly provided herein.
REPRESENTATIONS AND WARRANTIES:
10. Client hereby represents and warrants that: (i) it has the right and power to enter into this agreement; (ii) its execution and performance of this agreement will not violate or conflict with any contract, agreement or joint venture to or in which it is a party; (iii) the client data will not infringe upon or violate any copyrights, trademarks rights, patent rights, trade secret rights or any rights of privacy or publicity or other proprietary rights of any third party; and (iv) it shall at all times conduct its business and use the BlacklistScanner.com services in compliance with all applicable laws. Client agrees to provide BlacklistScanner.com, from time-to-time during the term and at BlacklistScanner.com’s request, with reasonable assurances and evidence of client’s compliance with applicable laws and any implementing regulations of any such law that are in effect at the time of such request.
10.1 BlacklistScanner.com warrants that: (i) it has full power to enter into these terms; (ii) the services will substantially conform to the specifications set forth herein; and (iii) BlacklistScanner.com will take reasonable steps designed to secure its systems and software against unlawful and unauthorized penetration.
10.2 Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BlacklistScanner.com MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES (TO THE EXTENT PERMITTED BY LAW) WITH RESPECT TO THE SITE AND THE SERVICES PROVIDED BY BlacklistScanner.com AS DESCRIBED HEREIN, INCLUDING, WITHOUT LIMITATION, (A) THAT COMMUNICATIONS VIA THE INTERNET ARE SUBJECT TO UNEXPECTED OUTAGES DUE TO THE EQUIPMENT FAILURE OR SOFTWARE FAILURE THAT CAN OCCUR AT VAROUS LOCATIONS, AND (B) THE ACCURRACY AND TIMELINESS OF THE BlacklistScanner.com SERVICES. CLIENT FURHTER ACKNOWLEDGES THE POTENTIAL FOR ANY INTERNET-BASED SYTEM TO BE PENETRATED UNLAWFULLY FOR THE PURPOSE OF THEFT OR DAMAGE OF MATERIAL. THE WARRANTIES IN THIS SECTION ARE THE SOLE WARRANTIES GIVEN BY BlacklistScanner.com WITH RESPECT TO THE SERVICES PROVIDED BY BlacklistScanner.com UNDER THESE TERMS AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER ARE EXPRESSED EXCLUDED. IN CONNECTION WITH CLIENT’S USE OF THE SERVICES AND THE RESULTS THEREOF, BlacklistScanner.com ADVISES CLIENT AND CLIENT ACKNOWLEDGES ITS RESPONSIBILITY TO SEEK THE ADVICE OF EXPERIENCED LEGAL COUNSEL PRIOR TO USING THE SERVICES AND SCRUBBED FILES.
LIMITATION OF LIABILITY:
11. BlacklistScanner.com ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH CLIENT IS PAYING TO Network Marketing Service Inc. d.b.a. BlacklistScanner.com FOR THE SERVICES DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY Network Marketing Service Inc. d.b.a. BlacklistScanner.com OF THE RISK OF CLIENT’S ONSEQUENTIAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE SERVICES PROVIDED BY Network Marketing Service Inc. d.b.a. BlacklistScanner.com UNDER THESE TERMS EXCEPT AS SPECIFICALLY PROVIDED HEREIN. ACCORDINGLY, CLIENT AGREES THAT Network Marketing Service Inc. d.b.a. BlacklistScanner.com SHALL NOT BE RESPONSIBLE TO CLIENT FOR ANY LOSS OF PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARRISING OUT OF THE SERVICES PROVIDED BY BlacklistScanner.com UNDER THESE TERMS EXCEPT SPECIFICALLY PROVIDED HEREIN, FURTHER, Network Marketing Service Inc. d.b.a. BlacklistScanner.com TOTAL LIABLITY TO THE CLIENT SHALL NOT EXCEED THE SUBSCRIPTION FEE PAID BY THE CLIENT TO Network Marketing Service Inc. d.b.a. BlacklistScanner.com IN THE PRECEDING MONTH.
12. Each of Network Marketing Service Inc. d.b.a. BlacklistScanner.com and Client (each a “Party” and/or “Indemnifying Party”) agrees to indemnify, defend and hold harmless each other and its affiliates, directors, officers, employees and agents, members and managers (“indemnified parties”) from and against any and all damages, losses, liabilities judgments, awards, penalties and reasonable expenses, including without limitation, reasonable out-of-pocket attorneys’ fees and costs of defense (together “Losses”) incurred as a result of any claim, demand, proceeding or litigation asserted by a prospective customer, customer or other person arising out of this Agreement or based on a claimed breach or violation of, (a) in the case of the client, its representations, warranties, duties or obligations to such prospective customer, customer or other person under the contract, or (b) in the case of Network Marketing Service Inc. d.b.a. blacklistScanner.com, representations, warranties, duties or obligations of Network Marketing Service Inc. d.b.a. BlacklistScanner.com to such prospective customer, customer or other person.
12.1 By agreeing to these Terms and Conditions (Terms of Service), the client is giving in effect his / hers express written consent to be contacted by Network Marketing Service Inc. d.b.a. BlacklistScanner.com and its third-party partners by mobile phone, landline, text, fax and email.
ADDITIONAL COMPLIANCE SOLUTIONS:
13. This section shall apply to the client’s use of BlacklistScanner.com’s services related to any and all databases or lists.
13.1 BlacklistScanner.com database access is a service provided on the clients account to scrub client provided phone lists against various databases as described herein above.
13.2 Phone Scrub: BlacklistScanner.com maintains various databases that the client may utilize to identify phone numbers that are blacklisted for various reasons. (Example: Known TCPA Litigators). The client may upload a list of phone numbers to the phone scrub User Interface (UI) program in his or her account. The BlacklistScanner.com Phone Scrub is designed to identify from the Client’s uploaded list most of if not all the known telephone numbers associated with prior TCPA plaintiffs along with other numbers that have been discovered through proprietary methods related to Known Litigators or Complainers.
13.3 Number Search: BlacklistScanner.com maintains an online Known TCPA Litigator number search for single phone number lookups. designed to identify from the Client’s uploaded list most of if not all the known telephone numbers associated with prior TCPA plaintiffs along with other numbers that have been discovered through proprietary methods related to Known Litigators or Complainers.
13.4 BlacklistScanner.com List Updates: There are over 300 TCPA cases filed monthly. BlacklistScanner.com and its associates adds the new TCPA plaintiffs’ numbers as they are made available. Many professional known TCPA litigators register new phone numbers. BlacklistScanner.com monitors for newly registered Known TPCA Litigators and professional litigator's phone numbers. BlacklistScanner.com updates the site with new phone numbers on a periodic basis several times a month if not daily, BlacklistScanner.com adds additional Known TCPA Litigator plaintiff's numbers. The client has access the Known TCPA Litigator List updates from his or her account.
13.5 Disclaimer: BlacklistScanner.com strives to provide an accurate and comprehensive Known TCPA Litigators list and scrubbing service. Due to the nature of the professional litigators, the TCPA statue and the fact that anyone can decide to sue under the TCPA for a single phone call, the actual success of the Known TCPA Litigator list and scrubbing will vary and depend on a variety of factors, many of which are beyond the control of BlacklistScanner.com and its data sources. As such, the Known TCPA Litigator list and Scrubbing services alone will not recognize all reassigned numbers, numbers assigned to VOIP lines, or numbers used by Known TCPA Litigators / plaintiffs. BlacklistScanner.com disclaims any warranty, express or implied, as to the Known TCPA Litigator List and scrubbing services as being 100% accurate or comprehensive or that will in any way prevent the client from being sued by any company or individual. The client agrees to use the BlacklistScanner.com Known TCPA Litigator services in a defensive manner to avoid litigation and not to use the list and scrubbing services in a malicious manner.
14. Unless otherwise provided, any notice required or permitted under this Agreement shall be given in writing and shall be sent by United States certified mail and shall be addressed to the person accepting the contract at the address noted within their account / customer record with Network Marketing Service Inc. d.b.a. BlacklistScanner.com. Client agrees to provide accurate information at time of ordering service with BlacklistScanner.com.
BLACKLISTSCANNER.com CREDIT SYSTEM:
15. BlacklistScanner.com client will be allotted a certain number of scrubbing credits depending on his or her current or future purchases.
15.1 Credit usage is calculated by the number of phone scrubs uploaded to the system by the client. Each "scrub" will be counted as ONE Credit. Credits may vary, depending on what databases are selected for scrubbing when the client uploads a list of numbers for scrubbing. Utilizing the online form to check a single number will be governed by the same usage credits noted herein above.
A) The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any party other than the parties hereto or their respective successors and assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
B) This Agreement shall be governed in all respects and construed in accordance with the laws of the state of Colorado, without regard for conflict of laws principles. The parties agree that they will bring any lawsuit based upon this agreement in the County of Arapahoe, Colorado. You consent to the exclusive jurisdiction and the exclusive venue of the State Courts or Federal Courts of the State of Colorado, Arapahoe County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. If any provision of this Agreement shall be deemed invalid or unenforceable, this Agreement shall be construed as though such provision does not appear herein and shall be otherwise fully enforceable.
C) BlacklistScanner.com scrubbing services may be cancelled or delayed due to circumstances beyond either party’s control (such as acts of God, equipment failures, etc.) without penalty to either party.
D) This contract contains the entire Agreement between the parties hereto and supersedes any prior Agreement between the parties. Any changes to this Agreement must be made in writing and mutually agreed by the parties to this Agreement.
E.) This Agreement may be executed in two or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may also be executed through electronic means such as e-mail with electronic signature or by facsimile reproduction.
If you do not understand or have questions about the Agreement, immediately stop all use of the website and contact us.
18121 East Hampden Avenue - Suite C
Aurora CO 80013
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