General
PB Data Services, LLC owns and operates UpdateYourList.com ( the “Website”). This document governs your relationship with UpdateYourList.com. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms Of Service"). By using the Services, you are agreeing to all of the Terms Of Service, which may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms Of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Privacy Policy
Our Privacy Policy sets out how we may use the personal information you disclose when using our Website. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Data Confidentiality
(a) Preservation of Data Confidentiality
We shall use all reasonable commercial efforts to:
- Preserve the confidentiality and avoid the disclosure of Confidential Information (defined as data provided for Services processing), unless strictly required otherwise by law;
- Limit access to Confidential Information to employees or agents granted access rights through use of the Services, unless requested otherwise in writing or email;
- Not at any time disclose, give, or transmit (in any manner or form or for any purpose) Confidential Information to any person, party, firm, or corporation other than as specified in the Terms of Service, and unless required by law;
- Immediately notify all necessary parties in the event of any disclosure which is required by law;
- Not use any Confidential Information in any way other than for the purpose of providing the Services and the utilization of these Services in accordance with the Terms of Service without permission; and
- Ensure that employees or agents to whom Confidential Information is disclosed are legally bound to keep Confidential Information confidential and not to use the Confidential Information except for the purpose of the Services.
(b) Proprietary Rights
We obtain no proprietary rights of any kind to Confidential Information. We do not compile, aggregate, make available, market to, or use Confidential Information for any purpose besides processing of selected Services by the account owner. Ownership of Confidential Information stored on Website is retained by the account owner.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and UpdateYourList.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software & Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of UpdateYourList.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by UpdateYourList.com and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms Of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to service availability and confirmation of the order price. Delivery times may vary according to service availability and subject to any delays resulting from server delays or force majeure for which we will not be responsible.
In order to contract with UpdateYourList.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. UpdateYourList.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Services. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the Services which you ordered have been dispatched to you. Only those Services listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
(b) Pricing & Availability
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Services, you will receive a full refund.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the Services you wish to purchase. Once the files have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of Services you have purchased as listed in the confirmation email.
Disclaimer Of Warranties
THE SERVICES ON THIS WEBSITE ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES AS TO ITS ACCURACY. UPDATEYOURLIST.COM SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE", AND UPDATEYOURLIST.COM DISCLAIMS ANY WARRANTY AS TO THE QUALITY, OPERATION OF, ACCESS TO, OR USE OF ALL OR ANY PART OF THE SERVICES AND ANY WARRANTY THAT (I) THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, (II) THE RESULTS ARISING OUT OF THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE OR ERROR-FREE, (III) THE SERVICES WILL MEET THE NEEDS OF CUSTOMER OR ITS CUSTOMERS OR SUPPLIERS, OR (IV) THAT FILES DOWNLOADED FROM THE WEBSITE WILL BE FREE OF VIRUSES OR DESTRUCTIVE COMPONENTS.
Limitation Of Liability
UpdateYourList.com will not be liable for any lost profits, lost data, claim, demand, injury, liability, cost, expense (including attorney and legal fees) or special, indirect, incidental, consequential or punitive damages of any nature, for any reason, including, without limitation, the breach of the Terms of Service, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise, even if such party has been warned of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy of any kind. Except as expressly set forth herein, all remedies, including, without limitation, the termination of this agreement and all of the remedies provided by law (and not excluded pursuant to the foregoing sentence) will be deemed cumulative and not exclusive. In no event will the liability of UpdateYourList.com under this agreement exceed the total fees paid by customer hereunder during the twelve (12) months prior to the data any claim is made against UpdateYourList.com.
Site Linking
From time to time, our Website may provide links to other websites (the "Linked Sites"), not owned or controlled by PB Data Services, LLC. However, PB Data Services, LLC, has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Trademarks & Copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked, or affiliated with UpdateYourList.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to UpdateYourList.com.
Indemnity
You agree to indemnify, defend, and hold harmless UpdateYourList.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms Of Service.
Variation
UpdateYourList.com shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected; all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms Of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and UpdateYourList.com. Any waiver of any provision of the Terms Of Service will be effective only if in writing and signed by a Director of UpdateYourList.com.
Terms Of Service last updated on: 7/17/2019