TERMS AND CONDITIONS

Please read these Terms and Conditions (“Terms”) carefully as they create a legally binding agreement between you and America’s Top Lists, LLC (“ATL”). These Terms govern your use of the data provided and licensed by ATL. (“licensed data”). By using “licensed data,” you automatically agree to these Terms. ATL grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the licensed data for your own internal purposes during the term of this agreement.

Term and Termination of License

When you agree to these Terms, the agreement between you and ATL begins. Absent any breach of these Terms, your license to use the licensed data will last for as long as you have the licensed data from ATL.

Ownership

ATL owns all rights, title, interest, and proprietary rights in the licensed data, including, but not limited to, patents, trademarks, service marks, copyrights, trade secrets, and other intellectual property rights. All licenses granted to you by ATL are expressly conditioned upon your compliance with these Terms. All rights not expressly granted hereunder are reserved to ATL. Any use of the licensed data not expressly authorized in this agreement is strictly prohibited.

You represent and warrant that you either own or have the authority, license, or permission to use all material, content, data, and information that you provide to ATL in the course of using ATL’s services and licensed data. You will retain ownership of the material, content, data, and information that you provide to ATL.

Rules and Restrictions

UNLESS SPECIFICALLY AUTHORIZED IN ADVANCE AND IN WRITING BY ATL, YOU WILL NOT SHARE, SELL, TRANSFER OR OTHERWISE MAKE THE LICENSED DATA AVAILABLE TO ANY THIRD PERSON OR ENTITY. YOU WILL USE YOUR BEST EFFORTS TO PREVENT THE MISUSE OR UNAUTHORIZED USE OF LICENSED DATA BY ANY THIRD PERSON OR ENTITY. AS SET FORTH BELOW ANY BREACH OF VIOLATION OF THIS RESTRICTION AGAINST UNAUTHORIZED TRANSFER OF LICENSED DATA SHALL RESULT IN LIQUIDATED DAMAGES OF $10,000.00 (TEN THOUSAND DOLLARS) PER VIOLATION.
You many not co-brand or otherwise provide the data on behalf of any third-party.
You will not name or refer to ATL or your use of the licensed data in any of your advertisements or promotional or marketing materials.
You will not use the data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized under these Terms.
You may not use data for the purpose of soliciting survivors of deceased persons.
You may not use licensed data to send spam or solicitations of any sort to consumers.
You will not use the data to create, send, or display pornography, sexually explicit content, or campaigns promoting or supporting terrorism or violent extremism.
You agree and warrant that your use of the data will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations. You shall be responsible for compliance in connection with your use of the licensed data. You acknowledge and agree that it is your sole responsibility to determine the applicability of, and ensure your own compliance with, any such laws.
You acknowledge that certain data from data from ATL may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant laws, including those and you further agree to comply with all such relevant laws relating to any such do-not-contact lists.
ATL reserves the right to review your use of the data to ensure compliance with these Terms, but any failure of ATL to review such use will not constitute acceptance of such use or waive any of ATL’s rights hereunder or limit any of your obligations with respect to these Terms.
ATL further reserves the right to require additional terms and conditions, or require you to enter into additional agreements, prior to providing you with access to the data.

Breach and Termination

In addition to all other legal rights and remedies available to ATL for any apparent, threatened, or actual breach or violation of these Terms by you, ATL has the right to terminate your license and demand immediate return or destruction of any licensed data accessed or received from ATL at any time if ATL believes you are not complying in full with these Terms. You shall be responsible for any and all damages arising from your use of licensed data and/or your breach or violation of these Terms, including, but not limited to damages incurred by ATL.

LIQUIDATED DAMAGES FOR UNAUTHORIZED TRANSFER OF LICENSED DATA

YOU ACKNOWLEDGE AND AGREE THAT YOUR BREACH OR VIOLATION OF THESE TERMS BY MEANS OF TRANSFERRING LICENSED DATA TO OTHER PARTIES WITHOUT EXPRESS AUTHORIZATION FROM ATL SHALL RESULT IN SUBSTANTIAL ACTUAL DAMAGES TO ATL.
YOU ACKNOWLEDGE AND AGREE THAT THE AMOUNT OF ACTUAL DAMAGES ATL WILL SUSTAIN OR INCUR FROM ANY UNAUTHORIZED TRANSFER OR DISCLOSURE OF LICENSED DATA TO THIRD-PARTIES ARE DIFFICULT TO ASCERTAIN.
YOU ACKNOWLEDGE AND AGREE THAT ATL WILL BE ENTITLED TO RECOVER $10,000.00 (TEN THOUSAND DOLLARS) FROM YOU FOR EACH VIOLATION OF THE PROHIBITION AGAINST NON-AUTHORIZED TRANSFERS OF LICENSED DATA TO THIRD-PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT THIS LIQUIDATED DAMAGES PROVISION IS NOT A PENALTY OR A PUNITIVE MEASURE BUT IS RATHER A FORESEEABLE AND REASONABLE ESTIMATE OF THE PRESUMED ACTUAL DAMAGES THAT SUCH A BREACH WOULD CAUSE TO ATL, AND THAT LIQUIDATED DAMAGES OF $10,000.00 (TEN THOUSAND DOLLARS) FOR EACH SUCH BREACH IS FAIR AND REASONABLE COMPENSATION TO ATL FOR SUCH BREACH.

Privacy Policy

By obtaining, accessing, and/or receiving licensed data, you consent to the following Privacy Policy:

For purposes of this Privacy Policy, the term “personal data” means information that is linked or reasonably linkable to an identified or identifiable individual. “Personal data” does not include de-identified data or publicly available information.
ATL is the sole owner of the personal data collected on americastoplists.com. ATL only has access to collect information that you voluntarily provide via email or other direct contact. ATL will not sell or rent personal data collected from you to anyone.
ATL will only use your personal data to respond to you regarding inquiries about services provided and data licensed under these Terms. ATL will not share your personal data with any third-parties, other than as necessary to your requests or provide services to you.
Unless you opt out of communications, ATL may contact you via email to advise about specials, new products or services, or changes to these Terms or this Privacy Policy.
You may opt out of any future contacts from ATL at any time by contacting ATL via the email address or phone number provided on our website americastoplists.com or on the form on our website.
ATL takes precautions to protect your information. When you submit sensitive information or personal data to ATL, your information is protected both online and offline.
Wherever ATL collects sensitive information (such as credit card data), that information is encrypted and transmitted to ATL in a secure way. You can verify this by looking for a closed lock icon at the bottom of their web browser or looking for “https” at the beginning of the address of the web page.
While ATL uses encryption to protect sensitive information transmitted online, ATL also protects your information offline. Only ATL and its authorized personnel who need the information to perform a specific job (e.g., billing or customer service) are granted access to personally identifiable information. The computers/servers on which ATL stores personally identifiable information are kept in a secure environment.

Disclaimer of Warranties

The licensed data is provided on an “as-is” basis and ATL hereby disclaims all other representations and warranties to you, express or implied, including, without limitation, any warranties of merchantability, suitability, quality, fitness for a particular purpose, non-infringement, or results to be derived from the use of the licensed data. Without limiting the generality of the immediately preceding sentence, neither ATL nor any of its third-party suppliers or service providers make any representations or warranties regarding the accuracy, comprehensiveness, or completeness of the licensed data nor that they will be uninterrupted.

Limitation of liability

In no event will ATL be liable to you for any indirect, incidental, special, exemplary, consequential or punitive damages or “costs of cover” arising out of or relating to these terms or the licensed data, including, without limitation, any damages arising out of any mistakes, omissions, interruptions, delays, errors, defects, loss of data, loss of profits, loss of business, or anticipatory profits, regardless of whether the possibility of such damages was made known or was foreseeable. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, unauthorized access, theft, strikes, or any force majeure. Your sole remedy is to discontinue use of the licensed data.

Indemnification

You agree to indemnify, defend, and hold harmless ATL, its owners, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your violation of these Terms or your use of the licensed data.

Equitable Relief

Your violation of these Terms may cause irreparable harm to ATL. We have the right to seek injunctive relief or other equitable relief if you violate these Terms.

No Assignment by you

You may not assign your rights or obligations under these Terms to any other person or entity without the prior written consent of ATL, whether by operation of law or otherwise, and any attempt to do so shall be void.

Governing Law; Jurisdiction

All matters relating to these Terms and the data shall be governed by and construed under the laws of the State of Colorado, without regard for the principles of conflicts of law of that State or any other state. You consent and submit to the exclusive jurisdiction of the state and federal courts located in El Paso County, Colorado. You agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.

Changes

ATL reserves the right to make changes to the Terms at any time, with or without notice to you. The new Terms will take effect immediately upon posting and apply to your continued use of the licensed data.

Entire Agreement

These Terms and any additional agreements contain the entire understanding between you and ATL and supersede any prior understandings or agreements, oral or written, relating to the subject matter of these Terms. These Terms may only be amended by a document signed by you and ATL. No waiver of any breach of these Terms shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.