TCPA Litigator List Agreement for Services Terms and Conditions
1. Terms and Conditions
Conditions (“Terms”), together with the attached Order Form, which is incorporated herein by this
reference, shall govern the relationship and be considered between ___________ (“Client”) and DNC and
TCPA List Sanitizer, LLC DBA TCPA Litigator List (TLL) regarding the services (“Services”) that TLL shall
provide to Client as set forth in the Order Form. Any aspect of the Services not covered in these Terms
shall be set forth in a mutually executed addendum to these Terms addressing the particular selected
Services. In the event of a conflict between these Terms addendum shall govern, but only to the extent
necessary to address such conflict. In all other respects, relationship of the parties relating to the
Services.
1.1 FCRA: The data provided to you by use of this product may not be used as a factor in establishing a
consumer’s eligibility for credit, insurance, employment or other purposes identified under the Fair Credit
Reporting Act (FCRA).
2. Client Data: The follow provisions shall apply to Services that require Client to provide raw telephone
numbers to TLL as required by TLL from Client in order for TLL to provide the selected Services (the
“Client Data”)
2.1 Client (or Client’s authorized agents as described in Section 3 hereof) shall deliver the
Client Data by electronic transmission, such as upload via web browser, email, or ftp, (the “TLL
Site”) applicable databases selected in the Order Form using TLL’s proprietary software and create an
output file (“Scrubbed File”) for Client that may be accessible as follows:
(a) Client Uploads Client Data to the TLL Website and is able to view the Scrubbed File
at the TLL Website.
2.2 TLL may change the method by which Client Data is uploaded and Scrubbed Files are
sent to Client upon notice to and approval by Client, which approval shall not be unreasonably
withheld. All Client Data and Client’s custom lists must be delivered to TLL in a reasonable and
mutually agreed upon standard format. Client acknowledges that only telephone numbers will
be merging and purging against Do Not Call lists
(including any Client internal Do Not Call lists
maintained by TLL).
3. Authorized Users and Uploaded Client Data.
3.1 Only Client and Client’s authorized employees and agents working on the Client’s behalf shall be
permitted to upload client data for processing by TLL and log in to any of the TLL sites for access to any
services provided by TLL.
3.2 The services provided by TLL may only be utilized by the number of users and type of authorized
users set as forth in the order form. Client shall be responsible for enabling and maintaining passwords,
selecting users qualified to access the TLL site, and distributing passwords to the users. Client and each
authorized user shall use their best and commercially reasonable efforts to prevent any third party from
obtaining a password, and Client shall inform TLL immediately of any actual and potential unauthorized
access.
3.3 Client shall be responsible for maintaining all hardware and software necessary to send
Client Data to TLL and receive Scrubbed Files from TLL, including without limitation, computers, modems,
internet service provider contracts providing access to the TLL Website, allnecessary email accounts of Client, and any software necessary to transmit or receive Client
Data and Scrubbed Files. After a period of time, TLL may analyze and/or use the uploaded data in as it
sees fit.
4. Availability, Downtime
4.1 Availability. Access to the TLL site and services shall be available to Client twenty-four (24) hours per
day, seven (7) days per week, during the Term of these Terms except for one percent (1%) or less of the
time during any calendar maintenance and major time as discussed below in this paragraph 5).
Client percent (1%) down-time shall be acceptable for purposes of these Terms and shall not constitute
a breach hereof.
4.2 Scheduled Maintenance. The TLL site and Service may not be available: (i) on a monthly basis for
scheduled maintenance on the second Sunday of the month from 12:01 a.m., until 11:59p.m., Savings
time (24 hours); and (ii) once per year for a 24 hour period for major maintenance and upgrades. Client
will be informed at least 48 hours in advance of any 24 hour system shut- down by email.
5. Price and Terms of Payment.
5.1 Fees. Clients shall pay TLL the initial set up fee and total monthly charge for Client’s
selected Services, as set forth in the Order Form. Client shall pay the initial set-up fee, if applicable,
and first monthly fee in advance either by credit card, check, or check draft. Client will also pay TLL
any overage fee as set forth in the Order Form or overage schedule to these Terms. The set-up fee
and all annually paid advance fees are non-refundable.
5.2 Invoices. One month following receipt by TLL of the initial set-up fee, if applicable, and monthly
charge (and each subsequent month thereafter for the term of these Terms), TLL shall send Client an
invoice for the Services to be provided by TLL for the coming month. Any overage fee or credit due Client
as described under the terms of the Services selected by Client for Services provided in the prior month
shall be charged or credited to Client at the same time as the monthly charge for services that are to be
provided by TLL in the coming month.
5.3 Recurring Payment
The Client’s credit card on file will be charged on a monthly basis until the client terminates his
subscription.
5.4 Fees due regardless of use It is expressly understood by the parties that TLL’s duty pursuant to this
agreement is to make the services available to Client during the Term of this Agreement. If Client
chooses not to use said services, after TLL has made them available, Client shall nonetheless be liable
for all fees described in Section 6.1, regardless of whether Client made use of such Services.
6. Client’s Right to Use State and Federal Do Not Call Lists
6.1 Compliance with DNC Laws. Client warrants and represents that Client and Client’s customers on
behalf of whom Client will submit telephone hereunder have reviewed, understand, and will comply with:
(i) the Federal Trade Commission’s amended Telemarketing Sales Rule (16 C.F.R. Part 310); the (ii) the
Telephone Consumer Protection Act (“TCPA”) of 1991 (47 C.F.R. §64.1200); and (iii) Commission’s
implementing or relating to the TCPA or the National Do Not Call Registry (“DNC Registry”). Client
further warrants and represents that it will use data derived from the DNC Registry solely to comply with
said rules and otherwise prevent telephone calls to telephone numbers on the DNC Registry.
6.2 Rights to Access. Client warrants and represents that Client has the right to access and process data
necessary contained jurisdiction in which telephone numbers that it submits to TLL are located, or in eachjurisdiction from which federal or state Do Not Call list data is obtained from TLL. Client shall not submit
any telephone number to TLL or download any DNC Registry Data from TLL until Client has purchased
access to the DNC Registry for the area code in which the telephone number is located. TLL shall have
no obligation to perform its obligations under these Terms until Client has provided a DNC Registry
Subscription Account Number and password for Client and each of Client’s customers on behalf of whom
Client will submit telephone numbers to TLL for scrubbing.
6.3 Assignment to TLL. To the extent allowed by law, Client hereby assigns Client’s rights to access and
process the data on the DNC Registries to TLL for purposes of allowing TLL to perform its Obligations
assignment shall not restrict Client from accessing such lists itself. Client shall immediately notify TLL if
Client loses its right to access and process the data contained on the aforementioned DNC Registries.
Client shall provide TLL with any information and documentation that TLL deems necessary to prove that
Client has obtained the right to access and process data from applicable DNC Registries and TLL shall
have no obligation to perform its obligations under these Terms until Client has provided such information
and documentation.
7. Term and Termination
7.1 Term
The initial term of this Agreement shall be (1) month from the date on the order submission (“Initial
Term”). Unless otherwise noted on an Order Form, after the Initial Term, provided neither party has
terminated, this Agreement shall automatically renew for additional one (1) month terms (each an
“Additional Term”). Either party may terminate this Agreement during the Initial Term, or any Additional
Term, by providing 30 days written termination notice to the other Party. In the event of termination by
either party, Client will be responsible to pay for the fees due hereunder for the final 30 days of the Term.
The Initial Term, together with the Additional Terms, shall be considered the “Term.”
Monthly subscription plans are listed on the subscription page of the website.
https://tcpalitigatorlist.com/packages/
8. TLL Marks and Property
Any use of the TLL marks is strictly prohibited without express written permission of TLL.
8.1 Restrictions on Use of TLL Property.
Client does not have the right to use (except as specifically authorized under these Terms), does not own,
and does not acquire under these Terms: (i) the TLL Services; (ii) the concept of the Services; (iii) the
materials developed therewith including all software necessary to provide each Service; (iv) any
proprietary information of TLL concerning the Services; or (v) any trade secrets of TLL (collectively, “TLL
Property”). Without limitation of the foregoing, Client shall not engage in any unfair competition with
regard to TLL Property including but not limited to: (i) use of any proprietary information of TLL, (ii) use of
any concept developed by TLL and described on the TLL site; or (iii) use of any material provided by the
TLL in connection therewith, for any purpose other than as specifically authorized under these Terms.
Client may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner,
TLL property, the material on the TLL site, including, listed TCPA phone numbers, text, graphics, code
and/or software. Additionally, Neither the client nor any of the client’s owners, officers, directors,
employees, agents or affiliates shall compete, or intentionally cause or allow for competition, with TLL,
including without limitation by selling suppression services or data in any way similar to those sold by
TLL.9. Relationship of the Parties
The relationship of the parties shall be that of independent contractors. Nothing contained herein shall
constitute a partnership among or joint venture by the parties. Neither party has, nor shall hold itself out
as having, any authority to enter into any contract or create any obligation, whether express or implied, on
behalf of the other except as expressly provided herein.
10. Representations and Warranties.
10.1 Client Representations and Warranties
Client hereby represents and warrants that: (i) it has the right and power to enter into this Agreement; (ii)
its execution and performance of this Agreement will not violate or conflict with any contract, agree ment
or joint venture to or in which it is a party; (iii) the Client Data will not infringe upon or violate any
copyrights, trademarks rights, patent rights, trade secret rights or any rights of privacy or publicity or other
proprietary rights of any third party; and (iv) it shall at all times conduct its business and use the TLL
Services in compliance with all Applicable Laws. Client agrees to provide TLL, the from time to time to
time during the Term and at TLL’s request, with reasonable assurances and evidence of Client’s
compliance with Applicable Laws and any implementing regulations of any such law that are in effect at
the time of such request.
10.2 TLL Representations and Warranties
TLL warrants that: (i) it has full power to enter into these terms; (ii) the services will substantially conform
to the specifications set forth herein; and (iii) TLL will take reasonable steps designed to secure its
systems and software against unlawful and unauthorized penetration.
10.3 Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TLL MAKES NO
REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES
(TO THE EXTENT PERMITTED BY LAW) WITH RESPECT TO THE SITE AND THE SERVICES
PROVIDED BY TLL AS DESCRIBED HEREIN, INCLUDING, WITHOUT LIMITATION, (A)THAT
COMMUNICATIONS VIA THE INTERNET ARE SUBJECT TO UNEXPECTED OUTAGES DUE TO THE
EQUIPMENT FAILURE OR SOFTWARE FAILURE THAT CAN OCCUR AT VAROUS LOCATIONS, AND
(B) THE ACCURRACY AND TIMELINESS OF THE TLL SERVICES. CLIENT FURHTER
ACKNOWLEDGES THE POTENTIAL FOR ANY INTERNET-BASED SYTEM TO BE PENETRATED
UNLAWFULLY FOR THE PURPOSE OF THEFT OR DAMAGE OF MATERIAL. THE WARRANTIES IN
THIS SECTION 11 ARE THE SOLE WARRANTIES GIVEN BY TLL WITH RESPECT TO THE
SERVICES PROVIDED BY TLL UNDER THESE TERMS AND ARE GIVEN IN LIEU OF ALL OTHER
RESPECT TO THE SERVICES PROVIDED BY TLL UNDER THESE TERMS AND ARE GIVEN IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ANY AND ALL OTHER WARRANTIES OR ANY KIND WHATSOEVER ARE EXPRESSED EXCLUDED.
IN CONNECTION WITH CLIENT’S USE OF THE SERVICES AND THE RESULTS THEREOF, TLL
ADVISES CLIENT AND CLIENT ACKNOWLEDGES ITS RESPONSIBILITY TO SEEK THE ADVICE OF
EXPERIENCED LEGAL COUNSEL PRIOR TO USING THE SERVICES AND SCRUBBED FILES.
11. Limitation of Liability.
ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH CLIENT IS PAYING TO TLL
FOR THE SERVICES DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY TLL OF
THE RISK OF CLIENT’S CONSEQUENTIAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH
THE SERVICES PROVIDED BY TLL UNDER THESE TERMS EXCEPT AS SPECIFICALLY PROVIDED
HEREIN. ACCORDINGLY, CLIENT AGREES THAT TLL SHALL NOT BE RESPONSIBLE TO CLIENTFOR ANY LOSS OF PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARRISING OUT OF THE SERVICES PROVIDED BY TLL UNDER THESE TERMS EXCEPT
SPECIFICALLY PROVIDED HEREIN, FURTHER, TLL’S TOTAL LIABLITY TO THE CLIENT SHALL IN
NO EVEN EXCEED THE SUBSCRIPTION FEE PAID BY THE CLIENT TO TLL IN THE PRECEDING
MONTH.
13. Indemnification
13.1 Indemnity Obligation. Each of TLL and Client (each a “Party” and/or “Indemnifying Party”) agrees to
indemnify, defend and hold harmless each other and its affiliates, directors, officers, employees and
agents, members and managers(“indemnified parties”) from and against any and all damages, losses,
liabilities judgments, awards, penalties and reasonable expenses, including without limitation, reasonable
out-of-pocket attorneys’ fees and costs of defense (together “Losses”) incurred as a result of any claim,
demand, proceeding or litigation asserted by a prospective customer, customer or other person arising
out of this Agreement or based on a claimed breach or violation of, (a) in the case of the Client, its
representations, warranties, duties or obligations to such prospective customer, customer or other person
under the contract, or (b) in the case of TLL, TLL’s representations, warranties, duties or obligations of
TLL to such prospective customer, customer or other person.
13.2. By agreeing to these terms and conditions, the client is giving in effect his express written consent
to be contacted by TLL and its third-party partners by mobile phone, landline, text, fax and email.
14. Additional Compliance Solutions
This section shall apply to the Client’s use of TLL’s TCPA Litigator List, Phone Scrub, Number Search,
and TCPA Litigator List Updates.
14.1 Phone Scrub: TLL maintains an online TCPA Litigator phone scrub for Excel and CSV files. The
client may upload a list of phone numbers to the phone scrub program in his account. The TPCA Litigator
Phone Scrub is designed to identify and remove from the Client’s calling list most of if not all the known
telephone numbers associated with prior TCPA plaintiffs.
14.2 Number Search: TLL maintains an online TCPA Litigator number search for single phone number
lookups. The Number Search is designed to identify from the Client’s calling list most of if not all the
known telephone numbers associated with prior TCPA plaintiffs.
14.3 TCPA Litigator List Updates: There are hundreds of TCPA cases filed monthly. TLL adds the new
TCPA plaintiffs’ numbers as they are made available. Many professional TCPA litigators register new
phone numbers. TLL monitors for newly registered TPCA professional litigators’ phone numbers. TLL
updates the site with new phone numbers on a periodic basis several times a month if not daily, TLL adds
additional TCPA plaintiffs’ numbers.
14.4 Disclaimer: TLL strives to provide an accurate and comprehensive TPCA Litigator list and scrubbing
service. Due to the nature of the professional litigators, the TCPA statue and the fact that any one can
decide to sue under the TCPA for a single phone call, the actual success of the TCPA Litigator list and
scrubbing will vary and depend on a variety of factors, many of which are beyond the control of TLL and
its data sources. As such, the TCPA Litigator list and Scrubbing services alone will not recognized all
reassigned numbers, numbers assigned to VoIP lines, or numbers used by TCPA plaintiffs. TLL
disclaims any warranty, express or implied, as to the TCPA Litigator List and scrubbing services as being
100% accurate or comprehensive or that will in any way prevent the client from being sued by any
company or individual. The client agrees to use the TCPA Litigator services in a defensive manner to
avoid litigation and not to use the list and scrubbing services in a malicious manner.
15 Notices – Unless otherwise provided, any notice required or permitted under this Agreement shall be
given in writing and shall be sent by United States certified mail and shall be addressed to the person
accepting the contract at the address noted on this contract.16. TCPA Credit System
The TPCA client will be allotted a certain number of scrubbing credits each month depending on his
subscription plan. The credits have no monetary value. All credits expire if the client cancels his
subscription.
1 credit = .001 cent
Additional Credits may be purchased at https://tcpalitigatorlist.com/credit-packs/
The credits usage is calculated by the number of phone scrubs.
One phone number scrub equals one credit.
The phone number scrub can be scrubbed in any combination and counts as one credit. Example, if the
user scrubs a list of 1000 phone numbers against the TCPA and the DNC complainer database, the user
will only be deducted 1000 credits, not 2000. If the user scrubs the same list twice or there are duplicate
numbers from different lists, the users credits will be deducted by the number of phone numbers on the
list.
TCPA API credits system is similar to the online phone scrubbing system in that one phone scrub equals
one credit. If a user is making 10K phone calls using our API daily, 10K credits would be deducted from
his account.
State scrub credits are 0.25 credits per phone number per state.
Phone Verification uses 5 credits per scrub. Phone verification scrub and TCPA scrub is five credits plus
one credit for a total of 6 credits per scrubbed phone record.
Credit Prices are subject to change.
17. TCPA API
Application Programming Interface (API) allows applications (databases) to communicate with each other.
The TCPA API can be integrated with your database or dialer to provide real-time scrubbing. All the
phone scrubbing and updates are automatically done through the API integration. The API phone
scrubbing credit are the same as listed above or in the subscription plan.
18. General
A) The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the
respective successors and assigns of the parties. Nothing in this Agreement, expressed or implied, is
intended to confer upon any party other than the parties hereto or their respective successors and
assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as
expressly provided in this Agreement.
B) This Agreement shall be governed in all respects and construed in accordance with the laws of the
state of Colorado, without regard for conflict of laws principles. The parties agree that they will bring any
lawsuit based upon this agreement in the El Paso County, Colorado. You consent to the exclusive
jurisdiction and the exclusive venue of the State Courts or Federal Courts of the State of Colorado, El
Paso County, to resolve any dispute between them related hereto, and the parties waive all rights to
contest this exclusive jurisdiction and venue of such Courts. If any provision of this Agreement shall be
deemed invalid or unenforceable, this Agreement shall be construed as though such provision does not
appear herein and shall be otherwise fully enforceable.
C) TLL Litigator scrubbing services may be cancelled or delayed due to circumstances beyond either
party’s control (such as acts of God, equipment failures, etc.) without penalty to either party.D) This contract contains the entire Agreement between the parties hereto and supersedes any prior
Agreement between the parties. Any changes to this Agreement must be made in writing and mutually
agreed by the parties to this Agreement.
E.) This Agreement may be executed in two or more counterparts each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. This Agreement may also
be executed through electronic means such as e-mail with electronic signature or by facsimile
reproduction.
