Last Updated July 1, 2023
Thanks for using the Lead and Data Center services (including the website, and mobile and web-based applications, and any other tools, products, or services provided by BridgeTower that link to or reference these Terms) (collectively, the “Services”). The Services are provided by BridgeTower OpCo, LLC, d/b/a BridgeTower Media (“BridgeTower,” “we,” “our,” or “us”), located at 7025 Albert Pick Rd., Greensboro, NC 27409, U.S.A.
By using our Services, you are agreeing to these Terms of Service (“Terms”). Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services. By accessing or using the Services, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of the Terms for your records.
YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 6 AND 7 BELOW.
Using our Services and Data
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). Content includes leads and other data made available for your use (collectively, “Leads”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the BridgeTower name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some Content that is not our own. For example, some Content belongs to our advertisers, other third parties, or other users (collectively, “Third Party Content”) or is Your Content (as defined in Section 5 below). We are not responsible for, and we shall have no liability whatsoever with respect to, Third Party Content or Your Content. Third Party Content and Your Content is the sole responsibility of the individual or entity that makes it available via the Services. We may review Third Party Content or Your Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content or Your Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.
Leads are the confidential information of BridgeTower. Subject to these Terms, you may use Leads solely for your own marketing purposes and not for the benefits of any third party. You may not disclose Leads to any third party, except your service providers who have a need to know such information and are bound by written obligations of confidentiality and non-use. You may not modify or create derivative works of Leads. You, and not BridgeTower, are solely responsible for ensuring that all Leads are used in strict compliance with the Telephone Consumer Protection Act and all applicable laws, regulations, administrative rules and guidance, including those relating to unfair or deceptive advertising practices, consumer fraud, spyware, adware or malware, privacy or data security, and online sweepstakes or contests.
You must delete or destroy all Leads immediately upon the earlier of the following: (i) you or BridgeTower closes your BridgeTower account or you otherwise cease to use or subscribe to the Services, or (ii) BridgeTower instructs you at any time to delete one or more Leads (for example, if an individual has made a rights request under applicable privacy laws or you breach your obligations under these Terms).
You may not use any Lead in connection with Prohibited Materials. “Prohibited Materials” means, as determined in BridgeTower’s reasonable discretion: (i) pornography or sexually explicit content; (ii) materials that promote or glorify violence, firearms, or other weapons; (iii) materials communicating hate or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) materials promoting illegal activities; (v) profane or obscene language; (vi) materials that infringe or violate the rights of others (including copyright, trademark, trade secret, privacy and/or publicity rights); (vii) defamatory, libelous, obscene, offensive, indecent or harmful material; (viii) materials that violate any applicable laws, regulations, or regulatory or self-regulatory guidelines relating to online advertising or promotions, including, without limitation, the CAN-SPAM Act and its implementing and interpretive regulations and guidance (collectively, “CAN-SPAM”) and laws, regulations and guidelines relating to unfair or deceptive advertising practices or consumer fraud, spyware, adware or malware, online privacy and/or data security, or online sweepstakes and contests; and (ix) materials targeted to or directed at individuals under eighteen (18) years of age.
You agree that you will not use the Services or the Leads to:
- Violate any law or a third-party’s rights;
- Submit excessive or unsolicited commercial messages or spam any users;
- Submit malicious content or viruses;
- Solicit other people’s login information, credit card numbers, or other sensitive information;
- Harass or bully other users; or
- Engage in communications that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.
Some of our Services are available on mobile devices or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable). You may opt out of receiving text messages by texting “Stop” or “Do Not Send” in response to text messages. Please be aware that there may be a brief period before we are able to process your opt-out
You need an account in order to use certain Services. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer, different or additional terms may apply and your administrator may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information.
You may close your account at any time. BridgeTower may close your account for any reason upon email notice to you. Refunds will be issued at BridgeTower’s sole and absolute discretion. For example, if we terminate these terms because of your material breach, we will not issue a refund.
You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us by email at [email protected] or by phone at 1-877-615-9536.
You agree to pay all amounts owed to us for the Services, including for any Leads you receive. We may require you to maintain valid credit card or other payment account information with us in order to receive the Services, and if so, you hereby authorize us to charge your credit card or other payment account for the Services. Your right to purchase Leads through the Services is conditioned upon our receipt of payment. If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if you fail to maintain valid, up-to-date payment information or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms. Any failure to maintain valid, up-to-date payment information with us or to keep your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to the Services immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser. You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.
If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without obligation to you.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability. Information, including Third Party Content, may be updated at any time in whole or in part. We may also stop providing Services to you, or add or create new limits to our Services, at any time.
Sections 6-10 will survive termination or expiration of these Terms indefinitely.
Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER BRIDGETOWER NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR THE LEADS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT, INCLUDING THE ACCURACY OF THIRD PARTY CONTENT, WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE RELIABILITY OR AVAILABILITY OF THE SERVICES OR LEADS, YOUR SUCCESS IN USING LEADS, OR THE ABILITY OF THE SERVICES OR LEADS TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS IN CONNECTION WITH THE SERVICES OR LEADS. WE PROVIDE THE SERVICES, LEADS, AND ALL OTHER INFORMATION PROVIDED THROUGH THE SERVICES “AS-IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICES OR LEADS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.
Liability for our Services
TO THE EXTENT NOT PROHIBITED BY LAW, BRIDGETOWER (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF BRIDGETOWER (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES OR TO PURCHASE LEADS (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES OR LEADS AGAIN).
IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, BRIDGETOWER (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), PUBLIC HEALTH EMERGENCY, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
Business/Employer Uses of our Services
If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.
You hereby agree to indemnify, defend, and hold harmless BridgeTower and its affiliates, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these Terms, any Content you provide through the Services, or your use or misuse of the Services or Leads, including without limitation all violation of applicable laws, regulations, administrative rules and guidance. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.
We may modify these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict.
These Terms control the relationship between BridgeTower and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the State of Delaware, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.
You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact BridgeTower, please visit our contact page.