REI Marketing LLC (“REI”) grants you a personal, nontransferable and nonexclusive license to access and use the www.batchskiptracing.com website and certain information services provided by REI, including any derivatives therefrom (the “Services”) subject to these Terms of Services (the “Terms”). These Services are provided solely for your direct marketing, market research and customer prospecting purposes.
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors and users, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICES.
REI retains all right, title and interest in the Services. You agree not to claim any rights to, or ownership of the Services. You acknowledge and agree that REI owns and retains all proprietary rights to material contained in the Services, including trademarks, content, and other proprietary content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services provided by you to REI (“User Submissions”) are non-confidential and shall become REI’s sole property; REI shall be entitled to the unrestricted use and dissemination of any User Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you or anyone else.
2. User Eligibility
By using the Services, you represent and warrant (a) you are at least eighteen (18) years of age and are recognized as being able to form legally binding contracts under applicable law; (b) all registration information you submit will be true and accurate and updated as necessary to maintain accuracy; (c) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (d) you will not use the Services for any illegal or unauthorized purpose; and (e) your use of the Services will not violate any applicable law or regulation.
You agree to pay all fees and charges associated with the Services on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges are earned upon receipt and will be charged to the payment method you provide when purchase the Services. If your purchase of the Services is subject to a monthly subscription, then you consent to REI charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. You agree to maintain a valid payment method during the term of your use of such Services.
4. Subscription Auto Renewal and Cancellation
If your use of the Services is subject to a monthly subscription, your subscription will continue and be automatically renew until cancelled. You can cancel your subscription at any time by contacting REI at firstname.lastname@example.org. Your cancellation will take effect at the end of the current paid term.
5. Limitations on Use and Prohibited Activities
You may not use the Services for any purpose other than that for which REI has made the Services available. As a user of the Services, you shall not:
- Share, sell, transfer or otherwise make the Services available to any third person or entity;
- Name or refer to REI or your use of the Services in any of your advertisements or promotional or marketing materials without prior written permission from REI;
- Duplicate, download, publish, modify, create derivatives or otherwise distribute the Services for any commercial use, or for any purpose other than as described in these Terms;
- Use the Services in any manner that harasses, invades the privacy of or harms a person in any way;
- Violate any international, federal, state, or local law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause REI to violate any such laws, rules, or regulations;
- Engage in any automated use of the Services or using any data mining, robots or similar data gathering and extraction tools;
- Spam, phish, pharm, pretext, spider, crawl, or scrape;
- Systematically use the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without REI’s written permission;
- Infringe upon or violate REI’s intellectual property rights or the intellectual property rights of others;
- Submit false or misleading information;
- Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; or
- Interfere with or circumvent the security features of the Services.
You agree not to directly or indirectly, resell the Services, nor use the Services to create a competing product.
REI reserves the right to terminate your use of the Services for violating any of the prohibited uses.
6. Confidential Information
You agree not to disclose to any third party any information relating to REI’s business or the Services. You certify that you have implemented and maintain a comprehensive information security program that contains administrative, technical and physical safeguards that are appropriate to the nature and scope of your internal use of the Services and the sensitivity of the information provided to you by REI; and that such safeguards are reasonably designed to (a) insure the security and confidentiality of the Services, (b) protect against any anticipated threats or hazards to the security or integrity of the Services, and (c) protect against unauthorized access to or use of the Services that could result in substantial harm or inconvenience to any consumer.
8. Term and Termination
These terms shall remain in full force and effect while you use the Services.
Without limiting any other provision of these Terms, REI expressly reserves the right to deny, cancel, terminate, suspend, or limit your future access to the Services, without notice or liability to you. If REI terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
You agree to defend, indemnify and hold harmless REI and its subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim or demand, including but not limited to reasonable attorneys’ fees and costs, resulting from or arising out of (i) your use and access of the Services, by you or any person using your account and password, or (ii) a breach of these Terms. Notwithstanding the foregoing, REI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which are you are required to indemnify REI and its subsidiaries, affiliates, officers, agents, partners, and employees, and you agree to cooperate, at your expense, with the defense of such claims.
10. Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
In no event shall REI or its subsidiaries, affiliates, officers, agents, partners, or employees be liable to you for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses arising from your use of the Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not REI has been informed of the possibility of such damages. Notwithstanding anything contained in the Terms to the contrary, REI’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to REI during the six (6) month period prior to any cause of action arising.
THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REI DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND COURSE OF PERFORMANCE. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND REI MAKES NO WARRANTY THAT THE SERVICES WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. REI DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXLCUSION OR LIMITATION OF CERTAIN DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
12. Dispute Resolution – Arbitration Agreement
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL.
You and REI agree that any dispute, controversy, or claim related to these Terms (each a “Dispute”) shall be resolved by binding arbitration as set forth in this Arbitration Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COUT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT, YOU MUST NOTIFY REI BY EMAILING TO email@example.com WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the Arbitration Agreement in REI’s Terms of Service.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in these Terms. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Terms. In the event that you opt-out consistent with the procedure set forth above, all other terms shall contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.
NOTICE OF DISPUTE. In the event of a Dispute, you or REI must first send the other party a notice of Dispute that shall include a written statement setting forth the name, address and contact information of the party sending the notice, the facts giving rise to a Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to REI must be emailed to REI at firstname.lastname@example.org. The Dispute Notice to you will be sent by the most recent email address on file with REI or by certified mail to the most recent physical address on file with REI. If REI and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or REI may commence an arbitration proceeding pursuant to this Arbitration Agreement. Upon issuance and receipt of a Dispute Notice, you and REI agree to act in good faith to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTION AND CLASS ARBITRATIONS. You and REI agree that each party may bring Disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Neither you nor REI will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either part acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
ARBITRATION PROCEDURE. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in Maricopa County, Arizona.
REI and you agree that the following Disputes shall not be subject to arbitration: (a) any Dispute related to, or arising from, allegations of unauthorized used; and (b) any claim for injunctive relief. REI and you agree that any Dispute or controversy excluded from arbitration shall be filed only in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You and REI also agree to waive the right to trial by jury in any such action or proceeding.
To the extent permitted by law, any Dispute must be brought within one (1) year after the Dispute arises, or any cause of action relating to such Dispute is barred.
REI may change these Terms, in whole or in part, at any time. Changes will be posted online in these Terms. REI will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Terms to stay informed of updates. Your continued use of the Services shall constitute your acceptance of all changes, and each use of the Services constitutes your reaffirmation of your acceptance of these Terms. If you do not agree to the changes to these Terms, your sole and exclusive remedy will be to terminate your account and cease use of the Services.
14. Miscellaneous Terms
The relationship between you and REI is not one of agency or partnership and neither you nor REI shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Services. You may not assign or transfer your rights to any third party.
The Terms constitute the entire agreement and understanding between you and REI. You agree that the Terms will not be construed against REI by virtue of having drafted them. The Terms are governed by the laws of the State of Arizona, without regard to the choice or conflicts of law provisions.
The terms and conditions in these Terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other provisions.
REI’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
REI may assign its rights and obligations under these Terms. These Terms will inure to the benefit of REI’s successors, assigns and licensees.
If you have any questions about these Terms, please contact us.