These are the terms of our agreement with each other. All of it is important, so take a minute or two to read it. We tried to make it not too full of legalese. Please be sure to review this agreement in its entirety and make sure you understand it before executing this agreement.
TERMS AND CONDITIONS AGREEMENT
This Terms and Conditions Agreement, along with the policies and guidelines located at the Unlist Assist website (the "WebSite"), identify what you can expect from Unlist Assist ("We," "Our" or "Us") and what Unlist Assist expects from you. These terms and conditions apply to your purchase of any products or services ("Products") offered by Unlist Assist, LLC. or its affiliates.
If you do not agree, you will not be permitted to purchase or use in any manner any of our Products.
1. Your Account: You agree that you are who you say you are when you enroll and that you will not purposely engage in behavior that will put your Identity at unnecessary risk or give details of your Identity to third parties. In order for us to provide our service, you must pay us the fee we publish less any discounts to which you may be entitled.
2. Privacy Policy: We respect your privacy. Please click on http://www.unlistassist.com/Privacy.aspx to review Our Privacy Policy, the terms and conditions of which are incorporated into this Agreement. You agree to accept the terms of the Privacy Policy.
3. Orders: We will determine whether or not to fulfill any order for Products, and may refuse or limit your order of any Product(s) for any reason. These reasons include, but are not limited to, credit review, the unavailability of a Product, and errors in the prices and Product descriptions.
4. Payment Terms/Taxes and Refunds: The fee for Products provided by UnlistAssist is posted on the enrollment page. You agree to pay the fee by providing us with a valid credit card. You hereby certify that you are an authorized user of the credit card. You understand that we take credit card fraud and non-payment very seriously, and we may work with law enforcement agencies and private parties to address any misuse. If you have questions about our fees, please contact us before executing this agreement or purchasing any of our Products. UnlistAssist will use reasonable efforts to deliver all Products to customers within one business week. UnlistAssist offers a 100% refund for orders before the services are completed, however after services are completed, no refund will be provided for any reason because the services have already been performed. Furthermore, UnlistAssist only offers a service to request companies to remove your personal information from their database and cannot guarantee every third party will comply with the request. However, we do guarantee your information will be submitted for removal. If you feel we have not submitted your information properly, you can write to us with your order confirmation number and we will provide verification of the submittal for your review and/or resubmit your information if there was an error (this applies to typographical errors for the named individuals(s) at the address indicated at the time of the order).
5. Limited Power of Attorney: By accepting these terms and conditions, you expressly grant Unlist Assist, and its authorized employees, a limited power of attorney to complete and execute on your behalf, documents required to provide the service, or speak to parties required to provide the service and to act as your individual representative. This Limited Power of Attorney may be revoked by you at any time by canceling our service in writing.
6. Disclaimers and Limitation of Liability: We are responsible for the actions of our company and the fulfillment of our promises to prepare and submit optout requests on your behalf. However, even though we do our best, the credit bureaus and data store houses may ignore our requests on your behalf and may not honor their own privacy process.
7. Governing Law: This agreement and any sales hereunder will be governed by the laws of the state of Wyoming, without regard to conflicts of laws. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts of the State of Wyoming for any dispute or litigation arising out of, or relating to, the use or purchase of any Product made through Unlist Assist, and waive any objection to the laying of venue of any such litigation in Wyoming courts and agree not to plead or claim that such litigation brought therein has been brought in any inconvenient forum.
8. Arbitration: Any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Products shall be settled by confidential arbitration to be held in Cheyenne, Wyoming, in accordance with the Commercial Arbitration (including without limitation the Supplementary Procedures for Consumer-Related Disputes) Rules then in effect of the American Arbitration Association ("AAA"). The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by the AAA from its list of commercial arbitrators. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any Wyoming court. Although the cost of the arbitrator will be borne by Unlist Assist, all other expenses of arbitration will be paid by the party who incurred them. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Products, you also agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
9. Change of Terms: We may revise this Terms and Conditions Agreement at any time without notice. However, We may not make any changes retroactive. You agree to be bound by any such revisions. We may at any time terminate your rights under these terms and conditions at our sole discretion if you fail to comply with any of these terms and conditions. We may, in our sole discretion, at any time, discontinue any Product offerings or any part thereof without notice. However, we may not void our responsibilities under our Guarantee for those sales made under that promise. You agree that in the event any portion of these terms and conditions are found to be unenforceable, the remainder of them will remain in full force and effect.
10. Indemnification: You agree to indemnify, defend and hold Unlist Assist and any of its affiliates and all of their agents, directors, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any breach by you of these terms and conditions or your purchase or use of the Products. Unlist Assist reserves the right, at its expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you will not in any event settle any matter without our written consent. Unlist Assist will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, transportation contingencies, difficulty in obtaining parts, supplies, shipping facilities, delay of carriers, acts or omissions of original providers of products and services, or any other cause beyond the reasonable commercial control of Unlist Assist.
11. Trademarks, Copyrights and Restrictions: Unlist Assist, The Unlist Assist logo and Electronic-OptOut are either registered trademarks, trademarks or service marks of Unlist Assist. Everything you see in any promotional materials is Copyright 2007 Unlist Assist, LLC., All Rights Reserved, unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All promotional materials including, but not limited to, the Products are protected by copyrights, which are owned or licensed by Unlist Assist. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Unlist Assist information without the express, written consent of Unlist Assist.
12. Legal Fees: In any action between the Parties arising out of, relating to or concerning this Agreement, the prevailing Party in the action, in addition to any other legal, equitable or declaratory relief to which the Party may be entitled, will also be entitled to recover his or its reasonable and necessary costs and expenses, including its attorney’s fees and legal costs, actually incurred by the prevailing party.
13. No Representations Outside Agreement: This Agreement represents the entire understanding between the Parties. Each Party, and each Party's attorney, specifically agrees that, in entering into this Agreement, he or it has not relied on any representation or opinion of fact, law or otherwise, made by another Party or attorney unless the representation is expressly set forth in writing herein.
14. Severability: In the event that any provision of this Agreement is deemed to be invalid by reason of the operation of any law or by reason of the interpretation placed on any law by any court, this Agreement shall be construed as not containing the invalid provision. The invalidity of any particular provision shall not affect the validity of any other provision of this Agreement, or otherwise affect the intent of the Parties in entering this Agreement. Any and all other provisions of this Agreement that are otherwise lawful and valid shall remain in full force and effect.
15. Modification: This Agreement may not be modified, amended, superseded or canceled in any manner except by written instrument executed by all of the Parties.
16. Miscellaneous: These terms and conditions may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing signed by you and Unlist Assist. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom.
17. You must be 18 years or older to use or order any Products or purchase Products. Title to Products passes from Unlist Assist to you on transmission from Unlist Assist. Loss or damage that occurs during transmission is your responsibility. You agree to comply with all applicable laws and regulations and that you are buying the Products for your own use only, and not for resale. Unlist Assist is neither an insurance company nor an agent for any insurance company and does not sell, solicit or negotiate insurance.
18. Electronic Agreement: YOU AND UNLIST ASSIST HAVE ENTERED INTO THIS AGREEMENT INTENDING TO BE BOUND BY YOUR ELECTRONIC ACCEPTANCE OF THE AGREEMENT. IN THE FUTURE, YOU AGREE TO BE BOUND TO SPECIFIC TERMS AND CONDITIONS OF SALES, AND MODIFICATIONS TO THIS AGREEMENT BY ELECTRONICALLY ACCEPTING SUCH TERMS AND CONDITIONS. THIS AGREEMENT MAY BE PRINTED AND RETAINED BY YOU FOR FUTURE REFERENCE. Unlist Assist WILL PROVIDE YOU WITH FREE PAPER COPIES OF THIS AGREEMENT UPON YOUR REQUEST TO Unlist Assist CLIENT SERVICE. YOU MAY WITHDRAW YOUR WRITTEN ACCEPTANCE OF THIS AGREEMENT AT ANY TIME PRIOR TO PURCHASING THE PRODUCTS BY NOTIFYING Unlist Assist CLIENT SERVICE IN WRITING, HOWEVER, YOU WILL NOT BE ABLE TO PURCHASE THE PRODUCTS. YOU ARE OBLIGATED TO CONTACT Unlist Assist CLIENT SERVICE IN THE EVENT THAT ANY INFORMATION YOU PROVIDED Unlist Assist DURING REGISTRATION HAS CHANGED.
19. Acknowledgment: The Terms of Use, including all documents referred herein, represents the entire understanding between you and Unlist Assist regarding your relationship with Unlist Assist and supersedes any prior statements or representations. When using or purchasing Unlist Assist products, you agree to be bound by these Terms of Use.