List Effects Terms and Conditions

Introduction

The following Terms and Conditions control your membership in List Effects and the List Effects program. You agree that you have read and understand this Agreement ("Agreement") and that your membership in List Effects and the List Effects program (the "Program") shall be subject to the following Terms and Conditions between you (the "Member") and List Effects . These Terms and Conditions may be modified at any time by List Effects . Please review them from time to time since your ongoing use is subject to the terms and conditions as modified. Your continued participation in List Effects after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to these Terms and Conditions, please do not register to become a Member of List Effects .

Copyright, Licenses and Idea Submissions

The entire contents of the Program are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are List Effects , its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE Program, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Program solely for your own use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to List Effects a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Program (such as bulletin boards, forums and newsgroups) or by e-mail to List Effects by all means and in any media now known or hereafter developed. You also grant to List Effects the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against List Effects for any alleged or actual infringement or misappropriation of any proprietary right in your communications to List Effects .

Trademarks

Publications, products, content or services referenced herein or on the Program are the exclusive trademarks or servicemarks of List Effects . Other product and company names mentioned in the Program may be the trademarks of their respective owners.

Use of the Program

You understand that, except for information, products or services clearly identified as being supplied by List Effects , List Effects does not operate or control any information, products or services on the Internet in any way. Except for List Effects - identified information, products or services, all information, products and services offered through the Program or on the Internet generally are offered by third parties, that are not affiliated with List Effects a. You also understand that List Effects cannot and does not guarantee or warrant that files available for downloading through the Internet sites will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Program for the reconstruction of any lost data.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between List Effects and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. List Effects 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. List Effects may assign its rights and duties under this Agreement to any party at any time without notice to you.

Terms of Participation

Member must be 18 years of age or older to participate. Members must provide List Effects with accurate, complete and updated registration information, including an accurate name and contact email address.

To the full extent allowed by applicable law, List Effects at its sole discretion and for any or no reason may refuse to accept applications for membership.

Members may not (i) activate or use more than one Member account; (ii) select or use an Email Address of another person; (iii) use a name subject to rights of another person without authorization from that person; (iv) use a false or misleading name or email address to activate or use a Member account.

Any attempt to artificially inflate Member's referral fees is grounds for immediate termination in the Program.

Member is an independent contractor for List Effects and no partnership will be formed by this agreement. Member is responsible for paying his/her own taxes on any revenue that is generated from participation in this program.

Commissions earned through the sale of products and/or services provided by List Effects are currently payable through PayPal on a weekly basis; however, we reserve the right to pay commissions daily, as earned.

By signing up for the List Effects program, Member is opting-in to receive other special offer emails, to the contact email address on record, from List Effects administration and any other List Effects Member(s), such that, by joining, Member becomes a subscriber thereof. If you do not wish to receive these emails, you may cancel your account anytime.

Member accounts with unverified contact email addresses are deleted after 24 hours.

List Effects reserves the right to track Member's activity by both IP Address as well as individual browser activity.

List Effects has the right, in its sole discretion, to suspend or cancel, at any time and for any or no reason, a Member's membership in and access to the List Effects Website and the List Effects Program. All lists of subscribers may be cancelled in List Effects sole discretion, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted by List Effects .

Member agrees not to abuse his or her membership privileges by acting in a manner inconsistent with this Agreement. Member agrees not to attempt to promote through other than legitimate channels authorized by List Effects . Member agrees not to participate in any fraudulent behavior of any kind.

Member agrees not to use missleading subjects in messages to subscribers (your list)! The sending of any message that contains offensive, racial, sexual, adult only, or immoral content is prohibited and will result in immediate account termination, with no refunds granted.

List Effects shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules. Any decision List Effects makes relating to the cancellation of list of subscribers and the termination of membership shall be final and binding.

Member's discontinued participation in the List Effects Program or failure to notify List Effects of any contact email address changes may result in the termination of Member's membership and forfeiture of Member's list of subscribers.

Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in the List Effects Program if and to the extent that such participation is permitted by such laws, rules, and regulations.

If Member objects to any of the Terms and Conditions of this Agreement, or any subsequent modifications to this agreement, or becomes dissatisfied with the Program, Member's only recourse is to immediately discontinue participation in the List Effects Program and properly terminate his or her membership and/or upgrade subscription. No refunds shall be granted from the List Effects Program, for any reason.

List Effects makes every effort to ensure that the List Effects Web site is operational and to track Members's referred list of subscribers; however, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. Member agrees that List Effects is not liable in any way for the inability to use, or earn commissions, due to such unavoidable interruptions.

Member understands that any "lifetime" offer refers to said member's lifetime, or the lifetime of the program, which ever is shorter. Certain unavoidable circumstances may create a need for the program to end, thus completing the lifetime of the program. Member agrees that List Effects is not liable in any way for the inability to use, or earn commissions, due to a sudden end to, or shortened lifetime of, the program.

Member agrees to cooperate with List Effects in the development of press releases, testimonies, and other such marketing materials. Member grants List Effects unlimited rights to reference Member in any and all marketing materials, without further compensation.

SPAM

WE HAVE A NO SPAM POLICY - it is strickly prohibited. Any form of SPAM used to advertise List Effects will result in immediate termination of your account and a forfeiture of your list of subscribers. Members may not send Unsolicited Commercial Email (UCE or Spam) promoting List Effects or your List Effects promotional links or materials in any way, shape or form. If you do not have direct permission to send someone email, post a message, post an article, etc., you may not advertise on our behalf. Furthermore, you may not Spam any email address found in any email received from List Effects or it's Members. You may not Spam any email address found on any page of List Effects , List Effects Members, administration, owners, or those otherwise associated in any way. We will involve proper authorities in all instances of Unsolicited Commercial Email (UCE or Spam) and seek damages for Legal Action, loss or interruption of service, and/or lost revenue.

Disclaimers

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, List Effects EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. List Effects MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PROGRAM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER List Effects NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

List Effects makes no representations whatsoever about any other web site which you may access through this one or which may link to this Program. When you access a non-List Effects web site, please understand that it is independent from List Effects , and that List Effects has no control over the content on that web site. In addition, a link to a List Effects web site does not mean that List Effects endorses or accepts any responsibility for the content, or the use, of such web site.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, List Effects uses appropriate industry standard procedures to safeguard the confidentiality of Member's personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of the Website's traffic to track abuse of the List Effects Website and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while List Effects strives to protect its Members personal information, List Effects cannot guarantee the security of any information that Members transmit to or from the participating advertisers/merchants and Member does so at his/her own risk.

This Agreement constitutes the entire Agreement between Member and List Effects in connection with general membership in the List Effects program and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.

Earnings Disclaimer

Every effort has been made to accurately represent our Progam and it's potential. Any claims made of actual earnings or examples of actual results can be verified upon request. The testimonials and examples used are exceptional results, don't apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money. Furthermore, actual earnings are provided through programs offered by List Effects and not paid by or through List Effects . Members should consider their own need and responsibility for any and all due diligence about any particular program or opportunity offered for consideration by List Effects or The List Effects Web Site. Users and Members should seek their own professional, legal, or other advice as it pertains to their decision to join and/or participate in any and/or all programs or opportunities contained herein. Your ("Member" or "User") decisions, earnings and/or success with List Effects and/or any and/or all programs contained herein are exclusively obtained by Your own efforts and ability to promote/market, thus excluding List Effects from responsibility, fault, or liability, which is solely Your own responsibility, fault, and/or liability.



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