NOTE: If your subscription plan includes prepaid legal services, please click here to review our Covered Legal Services Addendum, which is also incorporated herein by reference.
For the purposes of this Agreement: (a) the “System” or “Litigation Firewall” means our proprietary online application that provides for the delivery of Services; (b) “Services” means the services included in your subscription; and (c) “Proprietary Data Feeds” or “Predatory Litigation Database” means the litigant contact data collected and analyzed by the Blacklist Alliance. All subscriptions include use of our Litigation Firewall for the purpose of scrubbing data against our Proprietary Data Feeds using our application programming interface (API), litigation monitoring, case database access, and base legal support. Higher level subscription plans include prepaid attorney services, the terms of which are set in the Prepaid Attorney Services Addendum.
2. Our License to You.
We hereby grant you a revocable, non-exclusive, non-transferable, limited right and license to access and use the System and scrub your own data against our Proprietary Data Feeds in accordance with your chosen access plan and against the federal Do-Not-Call (DNC) Registry in accordance with your DNC subscription. You may not under any circumstances use the System to scrub data belonging to or on behalf of any third party as a reseller absent a reseller account, or in any manner whatsoever. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the System in breach of the terms set forth herein. The Blacklist Alliance retains all right, title and interest in and to the System, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The System is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without our prior written consent.
3. General Prohibitions.
You may not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of our System, our Proprietary Data Feeds, or our website;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the System or the website;
(c) Interfere with or disrupt the System, website, or servers and networks connected thereto, or circumvent, disable or otherwise interfere with security-related features of the System;
(d) Allow any third party to use the System under your account, share your password or other account information with anyone outside your own organization, create additional accounts for any reason whatsoever, or use the account of anyone other than your own;
(e) Modify the website or System in any manner or form, or use modified versions thereof;
(f) Sell, assign, sublicense, or otherwise transfer any right in the System or content accessible through the website, or use the System to scrub or analyze Data on behalf of any third party (including but not limited to any affiliates), or make the System available to third parties in a service level environment;
(g) Use any robot, spider, scraper, or other automated means to access the System for any purpose;
(h) Scrub data records in excess of the amount allotted in your subscription or, for unlimited plans, scrub in excess of 60 million records in a thirty-day period;
(i) Attempt to access the System using more than 230 simultaneous connections, or take any other action that may impose an unreasonable or disproportionately large load on System infrastructure (as determined by us in our sole discretion); or
(j) Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.
We reserve the right to take any action we deem appropriate if we determine, in our sole and absolute discretion, that you have engaged in any of the prohibited actions described above, or otherwise violated any of the terms of this Agreement. Such action may include cancelling your account, terminating your license to use the System, or initiating civil or criminal legal proceedings.
4. Account Access Limitations:
Accounts designated as “unlimited” are capped at 60 million scrubs/month. You are solely responsible for any activity that occurs in connection with your account, whether or not authorized, and for maintaining the confidentiality of passwords and any other credentials used to access your account. In the event you discover any unauthorized access and/or use of your account, you agree to immediately terminate such access and/or use, and to promptly notify us in writing. You acknowledge and agree (i) not to exceed the aggregate number of user accounts authorized by your subscription level; (ii) that the login details assigned to each end user may only be used by that end user, and that multiple people may not share the same login details; (iii) to provide accurate and complete account and login information; (iv) to keep, and ensure that end users keep all Account login details and passwords secure at all times, and (v) ensure that any activities that occur in connection with your account comply with this Agreement.
5. Fees and Payment:
You agree to pay the fees associated with your chosen subscription plan, together with any additional amounts assessed for data requests that exceed your subscribed limit. Subscription fees are to be paid automatically via credit card. You will be notified when your account is approaching the data request limit, and, by continuing to request data, you agree to be charged the overage charges associated with your subscription plan. Overage charges will be billed to your card on the last day of the subscription period in which the overage fees were incurred. If your credit card is declined for payment, you will not be able to access your account until you provide a new card or otherwise update the card we have on file. UNLESS YOU CANCEL YOUR ACCOUNT AT LEAST FIVE (5) DAYS BEFORE A CHARGE IS PLACED, OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.
(a) Cancelling Your Account: You may cancel your account by sending a cancellation notice to email@example.com. To avoid being charged again, your cancellation request must be received at least five (5) days prior to the commencement of the next billing period.
(b) Changing Your Account: You may upgrade your account to a higher subscription plan to or downgrade your account to a lower plan by sending a subscription change request to firstname.lastname@example.org. If you upgrade your subscription, you agree to pay any associated subscription fees using the credit card you provide as your payment method whenever such fees are due.
(c) Refund Policy: Subscription fees and over limit payments are non-refundable except as expressly set forth in this Agreement.
(d) Change in Terms: We reserve the right to change subscription rates, over limit fees, and services at any time. In the event we elect to change any aspect of your subscription plan, we will notify you of the change at least ten (10) days prior to the next billing cycle. Unless you cancel your account at least five (5) days before your next payment date, your next payment will reflect the amended rate and/or term.
6. Legal Disclaimer.
The Blacklist Alliance is managed by attorneys, but is NOT a law firm. If you request legal assistance via the Member Dashboard, any response you receive is for informational purposes only, and does NOT constitute legal advice. The act of responding does not in any way create an attorney-client relationship between you and the responding attorney. An attorney-client relationship can only be created by a written agreement between you and the attorney. Any actions you undertake based upon the information provided in a response is at your sole risk. As set forth in Section 8 below, under no circumstances shall the Blacklist Alliance or any participating attorney be held liable for any actions you undertake based upon a response to a legal assistance request, absent a written attorney-client relationship.
7. No Warranty.
The Service is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection of the Service to achieve your intended results. EXCEPT AS OTHERSISE SPECIFIED HEREIN, THE BLACKLIST ALLIANCE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL PREVENT ANY THIRD PARTIES FROM THREATENING OR BRINGING ANY LEGAL ACTION AGAINST YOU. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION CONCERNING THE ACCURACY OF ANY INFORMATION, RESULTS, OR INFORMATION THAT YOU OBTAIN THROUGH THE SERVICE OR REGARDING ANY DATA OR CONTENT IN AN ACCOUNT. IF YOU RELY ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY RESULTS OR OTHER INFORMATION PROVIDED BY THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply to you.
8. Limitation of Liability and Release.
In no event shall we be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the System or any Services, including without limitation to losses incurred due to: (a) any legal actions threatened or filed against you by a third party in any forum for any reason, regardless of whether the plaintiff’s number has been blacklisted; (b) any actions you undertake based upon information provided to you in response to a request for legal assistance; (c) any actions undertaken (or not undertaken) on your behalf by a participating Blacklist Alliance attorney to whom you were referred; (d) software glitches, server failures, power outages, or any other issue beyond the Blacklist’s control; (e) any delays in or failure of the System to operate as described; (f) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers; (g) any damage to your website code or content resulting from your use of our API; (h) damages or losses of any kind resulting from actions you take in reliance upon any information provided by the System or any Service available thereunder; and (i) any other damages or losses you may incur in connection with the System.IN NO EVENT SHALL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR A PERIOD OF THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, hold harmless, and defend the Blacklist, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against us by any third party or regulatory agency that in any way relate to your use of the System or any Service available thereunder, , and expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by us in connection with any Claim subject to this section.
10. Arbitration Agreement and Class Action Waiver.
You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, without limitation, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by the Blacklist Alliance applying California law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
11. Choice of Law; Forum:
This Agreement shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in San Diego, California, except that arbitration proceedings may be conducted by telephone. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within San Diego, California for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
12. Limitation of Actions.
Any claim or cause of action arising out of your use of the System must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Blacklist to enforce or exercise any provision of this Agreement or any related right shall not constitute a waiver of that right or provision.
13. Subscriber Data Policy.
We do not collect or store any data belonging to subscribers that use our API to scrub against the Blacklist. If you scrub data using our scanning function, you must upload your data to our servers for scanning. After downloading your data, you may delete it from our servers at any time. You may not store more than five (5) GB of data on our servers. Storing data in excess of that limit may affect System performance. All data will be deleted 30 days after your subscription terminates. It is our policy to hold all subscriber data in the strictest confidence at all times. We will not under any circumstances use your data for the benefit of any other person, firm, corporation, or entity, and will not share any of your data with anyone outside our own employees or contractors who require access to the same to perform their duties.
14. Modification and Notice of Changes:
We reserve the right to change, modify, add or remove portions of this Agreement and/or the Legal Services Addendum, without advance notice to you. We will notify you of any such changes by posting a notice on the System. The new Terms will highlight the changed portions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
15. General Terms.
This Agreement and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the System, superseding any prior agreements between us. If any provision of this Agreement is found by a court or other binding authority to be invalid, the remaining provisions contained in this Agreement shall continue in full force and effect.