Purchase & Billing Information

Cancellations

Services may be canceled at any time by emailing notification to cancellations@listfusion.com. For verification purposes be sure to include your user name, password and telephone number. Listfusion will contact you to confirm cancellation and notify you of any pending charges. After confirmation of cancellation any unpaid fees for consumer demographic or business firmographic appends will be charged. Credit card charges already processed will not be refunded.

User License Agreement

THIS IS AN AGREEMENT BETWEEN LICENSOR, LISTFUSION, A UTAH CORPORATION, LOCATED AT 2940 WEST MAPLE LOOP DRIVE #203, LEHI, UT, 84043, AND LICENSEE, WHO IS BEING LICENSED TO USE THE DATATREE™ SOFTWARE (“SOFTWARE”) ON A MONTH-TO-MONTH SUBSCRIPTION BASIS. BY CLICKING THE [ENTER] OR THE [ACCEPTED] ICON BELOW, LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IN ORDER TO USE THE SOFTWARE, LICENSEE MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. LICENSEE MUST HAVE A CONNECTION TO THE INTERNET AND A CURRENT INTERNET BROWSER TO USE THIS SOFTWARE. LICENSOR IS NOT AN INTERNET SERVICE PROVIDER. LICENSOR RESERVES THE RIGHT TO CHANGE OR MODIFY THE TERMS OR CONDITIONS CONTAINED IN THIS AGREEMENT. LICENSOR WILL POST A NOTICE OF ANY SUCH CHANGES ON THIS SITE. BY CONTINUING TO USE THE SOFTWARE, LICENSEE ACCEPTS THE CHANGES AND AGREES TO BE BOUND BY SUCH CHANGES. LICENSEE ACKNOWLEDGES THAT THIS IS ONLY A LIMITED NONEXCLUSIVE LICENSE. LICENSOR IS AND REMAINS THE OWNER OF ALL TITLES, RIGHTS, AND INTERESTS IN THE SOFTWARE AND ANY UPDATES OR ENHANCEMENTS TO THE SOFTWARE. THIS LICENSE PERMITS LICENSEE TO ACCESS AND OPERATE THE SOFTWARE AND IS LIMITED TO THE NUMBER OF DATABASE(S) PURCHASED BY THE LICENSEE. LICENSEE WILL NOT ATTEMPT TO MAKE COPIES, REVERSE ENGINEER, OR PROVIDE ACCESS TO OTHER NON-LICENSED THIRD PARTIES. EACH MONTHLY PAYMENT MADE BY THE LICENSEE EXTENDS THIS LICENSE BY ONE (1) MONTH. IN THE EVENT THE LICENSEE DISCONTINUES PAYMENT, THIS LICENSE IS VOID, ACCESS TO THE SOFTWARE IS RESTRICTED, AND DATA STORED WILL BE PERMANENTLY DELETED. CURRENT MONTHLY FEES WILL BE POSTED ON THIS SITE. UPON 30 DAYS NOTICE, LICENSOR RESERVES THE RIGHT TO CHANGE MONTHLY FEES. THE SOFTWARE, TECHNICAL SUPPORT SERVICES, AND/OR DATA PROCESSING SERVICES PROVIDED BY LICENSOR, AUTHORIZED SERVICE PROVIDERS, OR AUTHORIZED RESELLERS IN SUPPORT OF SOFTWARE ARE PROVIDED “AS IS”. LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL LICENSOR BY LIABLE TO LICENSEE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR ACCEPTS NO LEGAL LIABILITY FOR SOFTWARE SOLD, OFFERED FOR SALE, OR OTHERWISE MADE AVAILABLE FOR PUBLIC OR PRIVATE CONSUMPTION. LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSOR EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OR VALIDITY OF DATA PASSING THROUGH SOFTWARE OR LICENSOR’S COMPUTER SYSTEMS. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSOR DOES NOT GUARANTEE BACKUP OF DATA STORED, BUT DOES OFFER A WEEKLY AND MONTHLY BACKUP SERVICE. WHEN A BACKUP SERVICE IS PURCHASED, LICENSEE UNDERSTANDS AND AGREES THAT LICENSOR WILL VERIFY BACKUP MEDIA INTEGRITY BEFORE SHIPMENT, BUT THAT ONCE THE BACKUP MEDIA IS SHIPPED, THE LICENSOR IS NO LONGER IN CONTROL OF THE BACKUP MEDIA AND CAN NOT GUARANTEE READABILITY AND AS SUCH LICENSEE IS RESPONSIBLE FOR VERIFYING BACKUP MEDIA READABILITY UPON RECEIPT OF BACKUP MEDIA. LICENSEE ALSO UNDERSTANDS THAT THE BACKUP DATA MAY ONLY BE RESTORED BY THE SOFTWARE UNDER THIS LICENSE. IN THE EVENT LICENSEE DOES NOT PURCHASE THE WEEKLY OR MONTHLY BACKUP SERVICE, LICENSEE UNDERSTANDS DATA LOSS MAY OCCUR AND HOLDS LICENSOR HARMLESS FOR ANY SUCH DATA LOSS. LICENSEE UNDERSTANDS AND ACCEPTS AS ADEQUATE THAT DATA VALIDATION AND DEMOGRAPHIC, FIRMOGRAPHIC, OR OTHER APPENDS ARE BUILT ON INDUSTRY STANDARD DATA PROCESSING TECHIQUES AND MODELS. LICENSEE DATA WILL REMAIN AT ALL TIMES THE EXCLUSIVE PROPERTY OF THE LICENSEE. OUTSIDE OF NORMAL SOFTWARE USAGE, LICENSOR WILL NOT DISCLOSE, TRANSFER, OR REVERSE ENGINEER LICENSEE DATA. LICENSEE UNDERSTANDS THAT INDIVIDUAL DATA POINTS MAY BE PASSED TO THIRD PARTIES FOR DATA VALIDATION AND DEMOGRAPHIC, FIRMOGRAPHIC, OR OTHER APPENDS. LICENCEE ACCEPTS LICENSOR’S COMPUTER SYSTEM SECURITY AS DESRIBED ON THIS SITE AS ADEQUATE AND AGREES TO HOLD LICENSOR HARMLESS IN THE UNLIKELY EVENT OF A SECURITY BREACH OR RELATED LOSS OF DATA. LICENSEE SHALL AT ALL TIMES COMPLY WITH ANY AND ALL FEDERAL, STATE, AND LOCAL LAWS, RULES, REGULATIONS, AND ORDINANCES APPLICABLE TO THE COLLECTION AND USAGE OF DATA PROVIDED TO LICENSOR UNDER THIS AGREEMENT. ANY FINES, PENALTIES, OR JUDGEMENTS LEVIED AGAINST LICENSOR OR LICENSEE WILL BE THE SOLE RESPONSIBILITY OF THE LICENSEE. LICENSEE AGREES TO DEFEND, REIMBURSE, HOLD HARMLESS, AND INDEMNIFY LICENSOR FOR ANY NON-COMPLIANCE OF FEDERAL, STATE, AND LOCAL LAWS RELATED TO THE COLLECTION OR USAGE OF DATA UNDER THIS AGREEMENT. ANY ACTION FOR BREACH OF THIS LIMITED WARRANTY MUST BE COMMENCED WITHIN 90 DAYS OF THE EXPIRATION OF THE WARRANTY. NO AGENT OF LICENSOR IS AUTHORIZED TO MAKE ANY OTHER WARRANTIES OR TO MODIFY THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. LICENSOR’S ENTIRE LIABILITY AND LICENSEE’S EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL BE TO REFUND TO LICENSEE THE FEES PAID TO LICENSOR DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE. IN ADDITION TO RIGHTS ALREADY GRANTED UNDER THIS AGREEMENT, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS AND, UPON REASONABLE REQUEST OF LICENSOR, DEFEND LICENSOR AND ITS PRINCIPALS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL COSTS, LOSS, LIABILITY, DAMAGES, CLAIMS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF ALLEGED CLAIMS, DEMANDS, OR ACTIONS FOR DAMAGE OR INJURY TO THIRD PARTIES OR PROPERTY IN CONNECTION WITH, IN WHOLE OR IN PART, OR RESULT FROM ANY OF LICENSEE’S PRODUCTS AND/OR SERVICES SOLD, OFFERED FOR SALE, OR OTHERWISE MADE AVAILABLE FOR PUBLIC OR PRIVATE CONSUMPTION BY WAY OF THE SOFTWARE, INCLUDING BY NOT LIMITED TO, THE FOLLOWING: ACTIONS FOUNDED ON PRODUCT LIABILITY; AND ANY ERRORS, OMISSIONS, DELAYS, OR LOSSES. LICENSEE UNDERSTANDS AND AGREES THAT ALL PROTECTIONS GRANTED UNDER THIS AGREEMENT TO LICENSOR EXTEND TO LICENSOR’S OWNERS, PRINCIPALS, MANAGEMENT, STAFF, AFFLIATES, AUTHORIZED SERVICE PROVIDERS, AUTHORIZED RESELLERS, AND SUPPLIERS. THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING AND CONTRACT BETWEEN LICENSOR AND LICENSEE AND SUPERSEDES ANY AND ALL PRIOR AND CONTEMPORANEOUS, ORAL OR WRITTEN REPRESENTATIONS, COMMUNICATIONS, UNDERSTANDINGS, AND AGREEMENTS BETWEEN THE PARTIES. IN THE EVENT THAT ANY PROVISION IS FOUND INVALID OR UNENFORCEABLE PURSUANT TO JUDICIAL DECREE OR DECISION, THE REMAINDER OF THIS AGREEMENT SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO ITS TERMS. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH. THE PARTIES AGREE THAT VENUE FOR ANY DISPUTE UNDER THIS AGREEMENT SHALL BE OREM, UTAH. LICENSOR SHALL NOT BE RESPONSIBLE FOR FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND LICENSOR’S REASONABLE CONTROL, INCLUDING BY NOT LIMITED TO ACTS OF GOD, WAR, RIOT, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, STRIKES, POWER OUTAGES, SHORTAGES OF FACILITIES, FUEL, ENERGY, LABOR, OR MATERIALS.