Terms & Conditions
Welcome to National Broker List,
These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between our company and you. This website is owned and operated by:
Company Name: National Broker List, LLC
Type: A New Mexico Limited Liability Company
Registered Office: 349 5th Ave, New York, NY 10016 (USA)
(here simply referred to as “Company” or “National Broker List” or “us” or “our” or “we”). You are here simply referred to as “you” or “your” or “user” or “users” or “customers”. These Terms shall govern your use of our website – https://nationalbrokerlist.com/ (hereinafter referred to as the “website” or “Site” or “Platform”).
National Broker List sells spreadsheets that contain the contact information of real estate agents and brokers across the United States, providing a comprehensive resource for businesses and individuals looking to target this industry. (Hereinafter referred to as the “Service” or “Email Lists” or “List”)
Please read these Terms carefully, as these, along with our Privacy Policy statement forms the entire agreement between you and National Broker List. If you do not accept these Terms in its entirety, then you may not use the Site, or avail any of our services or lists.
1. ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing or using website, or by purchasing the email lists, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.
ii. You are of sound mind, at least 18 years in age (or older, if the laws of the jurisdiction in which you reside provides for a higher age of majority), and otherwise competent to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you
reside in, then you cannot use our website or purchase our email lists.
iii. We must not have previously disabled your account for violation of law or any of our policies.
iv. You have read, understood, and consented to our Privacy Policy statement.
2. USE OF THE WEBSITE AND RESTRICTIONS
i. Allowed uses:
a) Information: Whenever prompted, you must provide us with the correct, accurate, and updated information. These will be handled in accordance with the Privacy Policy statement posted on our website.
b) Material: For the purposes of these Terms, “material” shall mean any list, email, text, video, graphics, content, sound material, published on the website or in our email list, whether a copyright of National Broker List, its licensors or any third party. (Unless stated otherwise) You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise to create a database in electronic or paper form comprising all or part of the material appearing on the website. Unless stated otherwise, you must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. However, you are allowed to use the content so generated by you using our platform in such form and manner as allowed in these Terms.
ii. Restricted uses:
a) You cannot impersonate others or provide inaccurate information.
b) You must not sell or transfer or sublicense any of our email lists (including any email from that list).
c) You cannot use our Site or purchase our lists for the purpose of resale.
d) You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.
e) You cannot reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspects of, including but not limited to the services, software, our platforms, networks, systems, etc., wholly or in part.
f) You must not misuse or interfere with the Services or website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
g) You must not:
● republish material from this website;
● sell, rent or sub-license material from the website;
● show any material from the website in public without our consent;
● edit or otherwise modify any material on the website (other than editing your own information as per the method provided);
● reproduce, duplicate, copy, or otherwise exploit material on our website for a commercial purpose; or
● redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
● infringe or violate our Intellectual Property Rights or Intellectual
Property Rights of our licensors or any third party;
● We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.
h) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
i) You cannot access, use, or tamper with the non-public areas of any of our software, platforms, networks, or our systems.
j) You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
k) You must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.
3. EMAIL LISTS
A. Rights and License:
a) Subject to the receipt of the applicable fees, National Broker List grants the purchaser a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the purchased email list for their internal business purposes only.
b) The purchaser cannot post, upload, share, sell, transfer, or license, or publish the email list with any third-party or entity or platform, nor can they use it for any unlawful or unethical purposes, including without limitation, for spamming or unsolicited marketing.
c) The purchaser may use the email list to contact real estate agents and brokers for legitimate business purposes only, strictly in accordance with the applicable law.
d) The purchaser may use the email list to send commercial emails or newsletters, but only to recipients who have opted in to receive such communications, or to those with whom the purchaser has an existing business relationship.
e) The purchaser may not use the email list to send unsolicited emails, or to engage in any activity that violates the CAN-SPAM Act or other applicable laws or regulations in the United States.
f) The purchaser is responsible for complying with all applicable laws, regulations, and industry standards related to their use of the email list, including but not limited to data protection laws, privacy laws, and anti-spam laws.
B. Limitations:
a) National Broker List does not guarantee the accuracy or correctness or completeness or bounce back rate, of the email list, as the information may change over time due to a variety of factors.
b) The purchaser assumes full responsibility for their use of the email list, including compliance with applicable laws, regulations, and industry standards.
c) National Broker List is not liable for any damages, losses, or expenses arising from the purchaser’s use of the email list, including but not limited to legal fees, fines, or penalties.
d) National Broker List reserves the right to terminate or suspend the purchaser’s license to use the email list at any time, without notice, if they violate any of these terms and conditions.
By purchasing acknowledges that they have read and understood them in their entirety. The purchaser further acknowledges that they have the authority to enter into this agreement on behalf of their organization or business.
4. OWNERSHIP RIGHTS
This website, domain (https://nationalbrokerlist.com/), Email Lists, our logos, content, designs, trademarks, trade dress, trade name, all of our services, shall remain the sole property of National Broker Listor its licensors (as the case may be). Your use of or access to this website or purchase of our email lists, shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this website, services, content, formats, designs, anything published by us or our licensors or third parties. This website, services, lists, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant intellectual property laws, rules, and regulations. Trademarks, trade names and designs appearing on this website are the exclusive property of, or are licensed to the National Broker List and are protected. No use of a trademark, trade dress, trade name or design appearing on this and using the email list, the purchaser agrees to these terms and conditions and website or our services may be made without the prior written permission of the National Broker List
5. PRIVACY
In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.
6. LINKS TO THIRD-PARTY SITES
The website might contain links to third-party websites or services. For example, the website works with third party payment service providers to provide you the most convenient payment options. Such third- party links are not under the control of National Broker List, and National Broker List is not responsible for any third-party links. National Broker Listprovides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, National Broker List shall not be responsible.
7. PAYMENTS
All purchases are subject to the receipt of applicable fees, and you agree to pay for the lists that you purchase on our website, and you authorize us (or our third-party payment service providers) to charge your debit or credit card or process other means of payment for those payments. You shall be responsible to borne all the applicable taxes and fees (wherever applicable). We reserve the right to modify the prices of our lists, or discontinue certain emails or lists, or certain part of our services, at any time at our sole discretion, without any prior notice.
8. NO REFUND
a) We do not offer refunds on any of our email lists for any reason, as they are delivered electronically and cannot be returned or resold. All sales are final once the email list has been delivered to the purchaser.
b) However, we understand that there may be circumstances where a purchaser has questions or concerns about their purchase, and we are happy to discuss these with them. If a purchaser has any questions about their email list, they may contact us at info@nationalbrokerlist.com to discuss the issue.
c) In the event that the email list is not delivered to the purchaser due to a technical error or other issue on our end, please write to us at info@nationalbrokerlist.com, and we will make every effort to correct the issue and deliver the email list as soon as possible.
d) By purchasing an email list fromNational Broker List, the purchaser acknowledges that they have read and understood this section and agree to its terms.
9. DISCLAIMER
National Broker List provides email lists of real estate agents and brokers for legitimate internal business purposes of the purchaser. While we strive to provide accurate and up-to-date information, we cannot guarantee the accuracy or completeness of the email lists due to factors beyond our control.
By purchasing an email list from National Broker List, the purchaser acknowledges that they understand and accept the following disclaimers:
a) Accuracy of Information:National Broker List makes every effort to provide accurate and up- to-date contact information for real estate agents and brokers. However, due to the dynamic nature of the real estate industry, the email list may not be fully accurate or up-to-date at the time of purchase or use.
b) Limitations of Liability: National Broker List, LLC is not liable for any damages, losses, or expenses arising from the use of the email list, including but not limited to legal fees, fines, or penalties. The purchaser assumes full responsibility for their use of the email list, including compliance with applicable laws, regulations, and industry standards.
c) No Warranties: National Broker Listprovides the email list “as is” and without any warranty or representation of any kind, whether express or implied, including but not limited to the implied warranties of accuracy, completeness, or fitness for a particular purpose.
d) Limitation of Damages: In no event shall National Broker List or its affiliates, directors, officers, employees, or agents be liable for any indirect, special, incidental, or consequential damages arising from the use or inability to use the email list, including but not limited to lost profits, business interruption, data loss, or costs of purchase of substitute lists.
e) Indemnification: The purchaser agrees to indemnify, defend, and hold harmless National Broker Listand its affiliates, directors, officers, employees, and agents from any and all claims, damages, or liabilities arising from their use of the email list, including but not limited to claims of spamming, unsolicited marketing, or violations of privacy or data protection laws.
f) Limitations of List: While we strive to offer the largest and most accurate email lists possible, it’s important to note that National Broker List cannot guarantee that all phone numbers included are not on the do not call list, nor can we claim to provide contact information for every broker in a given area. We do not promise 100% accuracy or that the list will not have bounce backs. Our email lists are constantly changing due to factors beyond our control, and while we do our best to keep them up-to-date, we cannot guarantee that there will not be outdated contact details or bounce backs for some contacts. We offer these email lists at affordable prices to provide value to our customers, but we advise purchasers to use them with caution and to ensure compliance with all applicable laws and regulations.
By purchasing and using the email list, the purchaser acknowledges that they have read and understood this Disclaimer section and agree to its terms. The purchaser further acknowledges that they have the authority to enter into this agreement on behalf of their organization or business.
10. LIMITATION OF LIABILITY
a) To the maximum extent permitted by applicable law, in no event shall our Company (or its owner, licensors or affiliates) be liable to you or any third party for any loss of revenue, lost data, costs of procurement of substitute services/lists, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of our lists, or inability to use or purchase from, the website, even if National Broker List has been advised of the possibility of such damages. Access to, and use of the website and Email Lists is at your own discretion and risk, and you will be solely responsible for any damages resulting therefrom.
b) To the maximum extent permitted by applicable law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms and Email Lists (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid by you to us for the list which is the subject matter of such claim. The existence of more than one claim will not enlarge this limit.
11. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of National Broker List, LLC, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
12. INDEMNITY
You acknowledge to defend, indemnify, and hold National Broker List, its owners, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand, or expense, including but not limited to claims of spamming, unsolicited marketing, or violations of privacy or data protection laws, and reasonable legal counsel’s fee, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our services, or list or Site;
c) Your violation of any applicable laws, rules, or regulations;
d) Your violation of these Terms or any other policy of ours as associated with our services;
e) The indemnifications set forth above will survive the termination or expiration of these
Terms and/or your use of our services.
13. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the State of New Mexico (USA).
ii. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate State or Federal courts located in Bernalillo County, New Mexico (USA).
14. NOTICES
When you use the website or send emails to National Broker List, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. National Broker List will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to info@nationalbrokerlist.com.
15. MISCELLANEOUS
i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
iii. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your access to our Site or our Services, at our sole discretion.
iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
v. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
vi. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any genera legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
viii. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of National Broker List, which may be withheld at National Broker List sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
ix. Entire Agreement: The Terms and Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between National Broker List and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
x. Force Majeure: National Broker List and its third-party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, technical issues, bugs, errors, power failures and/or similar inabilities.
xi. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Services after any amendments to the Terms shall constitute your acceptance to such amendments.
16. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
In the event you have any grievance regarding anything related to these Terms or Privacy Policy, or with any content or service of National Broker List, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:
● Name: Grievance Officer
● Email: info@nationalbrokerlist.com
17. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email:
Last updated on May 01, 2023.