Capitalized terms that are used, but not defined, herein, shall have the definition set forth in the Subscription Agreement. These Terms of Service supplement and shall apply to your Subscription Agreement and your use of and access to the Services and the Data.
(a) Your use of the Services and Data must comply with all applicable federal, state, local and foreign laws, statues, rules and regulations including, without limitation, laws regarding telemarketing, email, facsimile marketing, customer solicitation, and privacy laws (“Laws”)
(b) In addition: (i) all email activity undertaken by you using the Services and Data must comply with all applicable Laws, including, without limitation, the CAN-SPAM Act and applicable state registry laws; (ii) and all telemarketing and text marketing activity undertaken by you using the Services and Data must comply with all applicable Laws, including, without limitation, the Telephone Consumer Protection Act and state registry laws. The Data provided through the Services is not intended for, and should not be used for, marketing or sales to consumers under the age of majority.
(c) Bylte reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of Bylte to review such use will not constitute acceptance of such use or waive any of Bylte’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least three (3) days’ notice, Bylte may audit your records to determine whether you are in compliance with these Terms of Service and you will make available to Bylte or its representatives all records necessary for the conduct of such an audit.
(d) Bylte reserves the right to deny access to any user or group of users to the Services, at its sole discretion, at any time, and for any reason or no reason. Bylte reserves the right to remove any Data from the Bylte database at any time and for any or no reason.
(a) Unless specifically authorized in advance and in writing by Bylte, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will prevent the misuse or unauthorized use of the Data by any third person or entity.
(b) You will not name or refer to Bylte or your use of the Data in any of your advertisements or promotional or marketing materials without prior written permission from Bylte.
(c) You will not use the Data for consumer credit purposes, underwriting any form of consumer insurance, employment purposes, tenant screening purposes consumer debt collections or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. §1681, et seq.) or for any other purpose not expressly authorized by the Agreement.
(d) You shall not duplicate, download, publish, modify, create derivative or otherwise distribute the Data derived from the Services for any commercial use, or for any purpose other than as described in these Terms of Service.
(e) You acknowledge that the Services and provision of the Data are proprietary to Bylte and you will not create, directly or indirectly, or enable a third party to create a competitive product or service offering.
(f) You shall not use the Service or Data in any manner that harasses, invades the privacy of, or harms a third party in any way.
(g) You will not use any robot, spider, other automatic device, or manual process to access, monitor or copy the Services, the Data, the LeadPerfection platform or the content contained thereon. You will not copy, reproduce, alter, modify, create derivative works from, or publicly display any Data except as expressly authorized hereunder.
(h) You shall not use the Services or the Data in any manner that would cause Bylte to violate any applicable Laws.
(i) You understand and acknowledge that Bylte does not test or screen the Data, and Bylte makes no representation or warranty as to the accuracy or completeness of the Data, the results, or lack thereof, regarding your use of the Data, or any recommendations or scoring contained in such Data. Your use of the Data is at your sole and complete risk and you are fully responsible for the use of all Data that is made accessible to you through the Services.
(i) You understand and acknowledge that when you subscribe to the Services, you must provide and maintain accurate, current, and complete Lead information. In the event you provide any Lead information that is inaccurate, not current, or incomplete, Bylte has the right to suspend or terminate your access and use of any and all Services.
1.2 Violation of the Terms.
You agree that monetary damages may not provide a sufficient remedy to Bylte for violations of these Terms of use and you consent to injunctive or other equitable relief for such violations.
1.3 Do Not Call Compliance.
In the event that Bylte provides a telephone number as part of the Data, you acknowledge that Bylte has not processed its databases against the National Do Not Call Registry, State Phone Suppression files, and DMA Phone Suppression files, or other relevant suppression (collectively the “Telephone Number Suppression Files”). You are fully responsible for ensuring that the telephone numbers provided to you through the Services are not subject to restriction through the Telephone Number Suppression Files or otherwise prior to your use.
(a) The term “Bylte Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, service designs, APIs or other user interfaces utilized or provided by Bylte, work product produced by Bylte, and derivate works of any of the foregoing, including, without limitation, web services made available to you by Bylte, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which Bylte may develop, use or rely upon in providing the Services or Data. Data is owned by Bylte or its licensors.
(b) All Bylte Property shall be and will remain the property of Bylte and its parent corporate owner. Data is and shall remain the property of Bylte and its licensors, subject to the limited license granted to you herein.
(c) Bylte shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the Bylte Property.
By subscribing to the Services, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these requirements, or if Bylte reasonably suspects your violation of these requirements, Bylte may, at its sole discretion, terminate your account and restrict or remove your access to the Services.
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