Terms of Service
Completion and submission of your online enrollment indicates your agreement to the following Terms and Conditions as a Member User.
--AGREEMENT TO MONTHLY SUBSCRIPTION FEE FOR SERVICES
The tools of List Builder Direct are provided to all Customers by virtue of a monthly subscription fee.
The cost of this subscription fee shall be posted and accessible in appropriate places on the Listbuilderdirect.com website
(https://listbuilderdirect.com).
-REFUNDS
Since there is a 1 dollar trial period for 30 days and this is an auto responder newsletter service per a monthly subscription, there is no refunds. If a person does not wish to continue our services, they must cancel their subscription and their account will be terminated upon confirmation. However if the person confirms within the 30 days trial period that they did not make the purchase then we will refund the member, then the account will be terminated.
--NO GUARANTEE OF INCOME.
>>>Affiliate Earnings Have Been Discontinued<<<
As an Independent Affiliate (IA) you attest and verify that neither Listbuilderdirect.com (Listbuilderdirect), nor any of its affiliates have guaranteed or implied any income, whatsoever. Such income as may be received by you as an Independent Affiliate will be solely based upon the sale of Listbuilderdirect.com tools and services as described in the web site.
You also do hereby attest and verify that you will make no claims of income, or guarantee of income, either directly or indirectly, but will allow the corporate description of the Listbuilderdirect.com compensation plan to suffice in all descriptions and explanations of potential income to prospective IA's.
>>>Affiliate Earnings Have Been Discontinued<<<
--NO UNSOLICITED COMMERCIAL EMAIL
Customers and Affiliates are strictly prohibited from sending any unsolicited commercial email (also known as "Spam" or "UCE").
Any Customer electing to manually add subscribers for use of any services of Listbuilderdirect.com are required to have a prior relationship, permission, or approval to add these subscribers.
Customers will be held directly responsible for any complaints arising from subscribers added to their system. The transmission from outside sources of ANY unsolicited commercial email (UCE) containing links to, direct reference to, or forging headers to appear as originating from, any Listbuilderdirect.com servers or referencing any Listbuilderdirect.com service, offering, or web site address shall also be considered a violation of this policy.
For information regarding Anti-Spam / UCE laws, visit http://uscode.house.gov/download/pls/15C103.txt.
Any Customer found to be violating this policy will have their account terminated, without refund, and without recourse.
Any attempt to modify, bypass, or circumvent the policies and practices of Listbuilderdirect.com in regard to how Email is processed in theory, practice, or application will result in termination of the offending account.
Also
***ATTENTION***
If you upload a list, it needs to be a list you built yourself. Purchased lists are not allowed. If you purchased a list and have uploaded it, You are to remove it immediately. There are no exceptions. Thanks for your patronage. Admin-Dave
--NO ADULT, ILLEGAL CONTENT ACCEPTED
All services provided by Listbuilderdirect.com may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute.
Customer agrees to indemnify and hold harmless Listbuilderdirect.com from any claims resulting from the use of the service that damages Customer or any other parties.
Pornography and sex-related merchandising are prohibited on any Listbuilderdirect.com server. Listbuilderdirect.com will be the sole arbiter as to what constitutes a violation of this provision and will have the legal right to assess a $100 per hour charge (with a one hour minimum) for the location and removal of such material or information. Such charges will be applied to the Customer's payment information on file.
Privacy Policy
--SUBSCRIBER RELATIONSHIP--
List Builder Direct subscribers are deemed to be held in trust by the Customer's (or Customers') autoresponder to which they are subscribed. In the event Customer's privacy policy is significantly different from the posted privacy policy of Listbuilderdirect.com, Customer is required to clearly and conspicuously state or link to their own privacy policy on any capture forms or pages.
Once any subscriber removes themself from any Customer's autoresponder, they are deemed to no longer be held in trust by that Customer and may be presented with additional or alternative offers upon being removed from Customer's autoresponder campaign(s).
--ACCOUNT CANCELLATION AND/OR TERMINATION
Any Listbuilderdirect.com Customer may cancel his or her account at any time by using the "Cancel Subscription" link found in their Amazon account. Alternately, any Customer may issue their cancellation request, in writing, to the address below.
Listbuilderdirect.com will have no less than 10 days to fulfill such request. Such request shall be deemed to be received and fulfilled when processed and subsequently verified by our staff.
Upon termination of a Customer's account, whether by Customer or Listbuilderdirect.com, all account information, payment information, etc. will be removed from the system.
In the event that a cancellation request is received and/or fulfilled after the monthly debit has been initiated, Listbuilderdirect.com will not be able to issue a refund.
Cancellation requests should be sent in well in advance of the next scheduled debit date.
Listbuilderdirect.com may terminate Customer accounts at any time, with or without notice, for conduct that violates these guidelines, or for any other reason in our sole discretion, and may terminate Customer accounts and delete any and all Customer information for conduct that Company believes is harmful to the business of Listbuilderdirect.com, or any of its Customers or partners.
--ACCOUNT BILLING
Listbuilderdirect.com shall initiate debits or request payment for subscription fees to Customer's account on a monthly basis. Customer is responsible for providing and maintaining up-to-date payment information.
Listbuilderdirect.com will not be held liable should Customer's payment information become outdated, invalid, or inaccessible for any reason.
Accounts are in default if the payment information on file becomes outdated, invalid, or inaccessible. Subscription renewals are due on the specified billing date. Accounts that are not paid for by the specified billing date will be deactivated.
Once an account is deactivated for any reason, all files, information, and settings on Customer's account will be held for a period of fifteen (15) days from the date the account goes inactive or into default for any reason. If a members account becomes inactive for nonpayment all his commission earnings will be set to zero. If new and valid payment information is not received within 15 days, the account will be terminated and all files, information, and settings will be deleted. If the Customer wishes to use the services again, they will be required to re-enroll as a new customer.
Listbuilderdirect.com reserves the right to specify what form of payment shall be accepted for IA's account and may disallow any particular form of payment based on previous experience with the Customer.
--SOLE RESPONSIBILITY
Customer assumes sole responsibility to maintain his/her profile in current order with Listbuilderdirect.com including mailing information, email address, payment information, etc.
--NOTIFICATION and COMMUNICATION
Customer agrees to accept all communication from Listbuilderdirect.com Corporate offices in the form of email communication, at the email address listed in Customer's profile. Such communication shall include, but not be limited to billing statements, commission reports, collections, record keeping, etc.
All postal correspondence should be directed to:
David O'Rourke's
List Builder Direct
Listbuilderdirect.com
10557-1 Craig Dr
Jacksonville Fl. 32225
USA
All callers must send email to announce what number will be calling since we use Priority Callers Only
Send email to: admin@listbuilderdirect.com and the phone number that will be calling.
--NO WARRANTIES
Listbuilderdirect.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. Listbuilderdirect.com also disclaims any warranty of merchantability or fitness for a particular purpose.
Listbuilderdirect.com will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by Listbuilderdirect.com's negligence or the subscriber's errors or omissions. Use of any information obtained via Listbuilderdirect.com is at your own risk.
Listbuilderdirect.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.
--LIMITED LIABILITY
ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of Florida and the United States.
These Terms and Conditions, last modified on January 16, 2011 supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
Use of Listbuilderdirect.com customer services constitutes acceptance of these Terms and Conditions.
Listbuilderdirect.com enforces a strict
NO-SPAM policy
