By accessing and/or interacting with our service, website or any associated content, you agree to our Terms of Service. You acknowledge and agree that Patriot Lists is a privately owned site operated by RMB Tech, LLC. If you are accessing/using Patriot Lists on behalf of a business that you represent you warrant that you have authority to accept the our TOS on behalf of that business and that that business also agrees to our TOS. If you do not agree to the TOS, you are therfor not authorized to use our Services. We may modify the TOS agreement at any time at our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use Patriots Lists. Our Privacy Policy, and all other policies, site rules, and agreements referenced below or on Patriot Lists, are fully incorporated into this TOS, and you agree to those as well.
If you agree to the TOS and 1, are of sufficient age and capacity to use and be bound by our TOS agreement, or 2, use Patriot Lists on behalf of a business, thereby binding that business to the TOS agreement, we grant you a limited, revocable, non-exclusive, non-assignable license to use Patriot Lists in compliance with the TOS; unlicensed use is unauthorized. You agree not to display, frame make derivative works, distribute, license, or sell, content from Patriot Lists, excluding listings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with Patriot Lists, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Patriot Lists content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent. Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Patriot Lists's policies or rules referenced above
You agree not to abuse Patriot Lists flagging or reporting processes. You agree not to collect user information or interfere with Patriot Lists. You agree we may moderate, access/use Patriot Lists in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree 1, not to bypass said moderation, 2, we are not liable for moderating or not moderating, and 3, nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available any Patriot Lists interface, app or API, (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide Patriot Lists, (iii) combine or integrate Patriot Lists with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects Patriot Lists or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use Patriot Lists or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
You further agree that if you violate the TOS agreement, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Patriot Lists users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Patriot Lists without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Patriot Lists - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of Patriot Lists - the price per post applicable to that section of CL; (F) sending an unauthorized/unsolicited email to an email address obtained from Patriot Lists - $25 per violation; (G) using Patriot Lists user information to make/send an unauthorized/unsolicited text message, call, or communication to a Patriot Lists user - $500 per text/call/communication; (H) creating a misleading or unlawful Patriot Lists account or buying/selling a Patriot Lists account - $4 per violation; (I) abusing or attempting to abuse CL's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting Patriot Lists content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of Patriot Lists in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may also refuse any posting.
To the full extent permitted by law, RMB Tech, LLC., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest Patriot Lists Entities 1, make no promises, warranties, or representations as to Patriot Lists, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; 2, provide Patriot ListsL on an "AS IS" and "AS AVAILABLE" basis and any risk of using Patriot Lists is assumed by you; 3, disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and 4, disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Patriot Lists. Patriot Lists Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Patriot Lists, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
Any claim, cause of action, demand, or dispute arising from or related to Patriot Lists Claims will be governed by the internal laws of Colorado, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Arapahoe County, CO (except we may seek preliminary or injunctive relief anywhere). You agree to 1, submit to the personal jurisdiction of courts in Arapahoe County, CO; 2, indemnify and hold Patriot Lists Entities harmless from any Claims, losses, liability, or expenses including attorney fees that arise from a third party and relate to your use of Patriot Lists; and 3 be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Unless you have entered into a separate written or electronic agreement with us that expressly references the TOS, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access Patriot Lists thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOS or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOS, and you will remain bound by those sections. If a TOS term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOS controls over any translations.
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please provide our Agent with each of the following:
Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material on the Patriot Lists site that you claim is infringing, with enough detail so that we may locate it (must include Patriot Lists posting ID and/or URL);
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
Your Notice will be subject to The Digital Millennium Copyright Act (DMCA). Under appropriate circumstances, Patriot Lists may terminate the accounts of repeat infringers.
Your notification (which must include items a-f as shown above) may be sent to:
legal@patriotlists.com