Terms of Service

These Terms of Use are a legal agreement designed to protect the customer's rights and the rights of cxlist, llc. Read this entire document, because it is a contract and you, the Customer, are bound by all the terms of this contract.

Description of Service and Parties:
cxlist.com is a communication tool owned and operated by CXLIST, LLC (the Company) which uses automated methods of sending email, text messages, and phone calls to parties who have elected to receive them. cxlist.com contacts individuals (the clientele) through this website, using email, automated telephone system, SMS text messages, and through such other automated means as the Company may provide to its subscribers (the Customers).

Description of Agreement:
Terms of service are available online at http://www.cxlist.com/tos.php . Terms may be updated at any time, without notice. Continuing use of the service after terms have been updated constitutes acceptance of the new terms.

Plan Levels:
There are 2 different subscription types. The type of subscription selected determines what the subscription costs and how many messages can be sent per month without additional cost. CXLIST, LLC reserves the right to change subscription types, features, quotas, and pricing at any time, with or without notice. CXLIST, LLC warrants that all features currently in the software will continue to be in the software indefinitely. The monthly allotment of calls and text messages has no value, does not accrue over time, and is not refundable if not used. Overage uses do carry over from month to month until exhausted. For Group plans, the designated administrator of the plan is solely responsible for making monthly payments and retains all responsibility for financial arrangements regarding cxlist.com use with other members of the group plan. CXLIST, LLC is in no way responsible for resolving any disputes between Group plan members.

Payment:
In return for use of the service, Customer agrees to pay cxlist,com a monthly fee, in advance, for use of the website. cxlist.com waives the monthly service fee for the first month of use. The amount of the monthly fee is based on the subscription plan (solo or group) selected by the customer, and costs are disclosed on the Pricing page and in the billing profile created during the signup process at the website. If the account is not cancelled within one month of creating it, customer's credit card will be charged for the next month's service using the anniversary date of customer's account creation. Charges will occur on a monthly basis thereafter. Customer may need to pay additional charges for overage uses needed to continue operation of the cxlist.com account until the next monthly billing cycle.

User Help Forums
Customer understands and agrees to follow the posted rules regarding use of the cxlist.com user forums and will refrain from use of inappropriate language or communication with other forum members. Customer understands that CXLIST, LLC may ban any forum user from participation at its sole discretion and that Customers who are banned lose the right to use this avenue of technical support on the site.

Technical Support:
CXLIST, LLC will make all reasonable efforts to respond to technical support inquiries within 24 hours. Customer subscription to cxlist.com plans does not include technical support in real time or support via any particular communications channel, including over the telephone, except at the Company's sole discretion.

Intellectual Property Rights:
All rights in cxlist.com, the website, and related documentation are owned and/or licensed by CXLIST, LLC. cxlist.com subscription grants a non-exclusive right to make use of the website, in consideration of customer's payment of the monthly service fee(s). This license to use the service does not entitle the customer to ownership of any of the underlying intellectual property.

Prohibited Actions:
Customers are forbidden from the following: Using the website in a manner contrary to the law. Using the website in any manner which disrupts cxlist, llc operations or any other cxlist user's operation of the website. Using the website to contact a person with whom customer does not have a pre-existing commercial relationship. Importing, entering, or storing contact details in the website for any person from whom the customer does not have explicit consent to record contact details. Knowingly using the website to directly contact anyone under legal age of majority.

Termination Of Service:
cxlist.com may terminate customer's use of the website at any time, for any reason. cxlist.com may deny anyone use of the website at any time, for any reason. Taking any forbidden action with the service immediately terminates the customer's license to use the service. Customer may cancel use of the website at any time, by sending an email to support@cxlist.com or by cancelling the account billing profile.

Refunds:
cxlist.com offers full refunds for advance monthly payments by written, dated request for up to 10 days past the credit card transaction date. Refunds after that period will be at the sole discretion of cxlist.com.

Limitation Of Liability:
THE SERVICE IS SOLD "AS IS" AND "WITH ALL FAULTS". CXLIST, LLC MAKES NO WARRANTY THAT IT IS FREE OF DEFECTS OR IS SUITABLE FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR LOSS OR DAMAGES ARRISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SOFTWARE IS IN ACCORDANCE WITH THE LAW OF THEIR JURISDICTION.

Privacy:
Company makes commercially reasonable attempts to protect the privacy of customer data entered into the service. This includes encryption of data in between users and the website, commercially reasonable efforts to secure the servers the service operates on, and legal and technical means to restrict access to data to only persons authorized by users or the Company. Company does not warrant that these measures will necessarily satisfy any particular legal requirement in customer's jurisdiction. Company will not expose customer data to other parties with the following exceptions:
Company will, in the ordinary course of service, transmit data regarding phone calls and text messages to Twilio, a service which Company has contracted with to provide phone calls and text message services to customers. CXLIST, LLC will obey lawful instructions to disclose information issued by any competent jurisdiction.
Company will obey lawful instructions to disclose information, about any party that customer records information about or contacts, to their own persons, their legal representatives, or their guardians, on proof to Company's satisfaction about their identity. Company will likewise correct or remove information on file about them at their request.

CXLIST, LLC expressly disclaims confidentiality of any information which is transmitted via telephone, text message (SMS), or email. It is an inherent aspect of these methods of communication that information included in them can be intercepted and recorded by third parties, including parties other than those Customer intends the information to be received by. Customer understands and acknowledges this, and hold the Company harmless for any disclosure of information included, contained in, or used to address a phone call, email, or text message. Customer further understands and acknowledges that these methods of communication are not appropriate for all uses.
Customer is solely responsible for ensuring that communications and use of the service are appropriate, including that they satisfy privacy laws in customer's jurisdiction, including but not limited to health, education, and consumer privacy laws.

Service Level Agreement:
CXLIST, LLC does not warrant that customer access to the service will be uninterrupted. The Company does not warrant that communications scheduled by the Customer for delivery to its clientele will be delivered, or that they will be delivered in a timely manner.