Infinity Loop – Terms and Conditions

Effective Date: February 22, 2021

Welcome to the Terms of Service (“Terms”) of Infinity Loop Capital, LLC (“Infinity Loop”, “we”, “our” or “us”).  Through our website, www.thebeacondog.com (our “Site”), we offer companies an online platform that allows them to purchase prospect lists for targeted marketing (our “Platform”).

Please read these Terms carefully and in their entirety.  These Terms, along with our Privacy Policy and any other written agreement between you and us, set forth the legally binding terms and conditions that apply to your use of our Site, our Platform and any data, leads, information and other materials we provide through the Platform, and govern your use thereof.  You acknowledge that you are accepting and consenting to be bound by these Terms.  If you do not agree with all of the provisions of these Terms, you may not visit our Site or access or use our Platform.  If you agree to these Terms on behalf of another party, you represent and warrant that you have valid authority to bind that party to this agreement, and your agreement to these Terms will be treated as the agreement of that other party.  In that event, “you” and “your” refer herein to that other party.

OUR Platform

Our Platform allows you to purchase prospect lists (“Prospect Lists”) with the name, phone number, mailing and email address and social media handles of businesses in the United States that fit criteria you provide to us so that you can target marketing campaigns.  When you order a Prospect List, we make it available to you for download through our Platform.  Prospect Lists are available for a one-time fee, discussed further in the “Fees and Payments” section of these Terms.  You do not need to pay a recurring fee to access Prospect Lists that you have already purchased.

Your Account

Anyone can visit our Site.  However, in order to access our Platform, you must create an account with us (“Account”) and log into that Account.  If you have an Account, you are a “User”.

You can create an Account through our Site if you: (a) agree to be bound by these Terms, (b) are at least 18 years of age, and (c) submit certain information about yourself, including personally identifiable information, to us through our Site as prompted by the Account registration page.  We will delete your Account if we find out that you are not at least 18 years of age. 

Once you have created an Account, we will provide you with a username and password for accessing your Account.  You can also choose to provide additional information about yourself (“Account Information”) through our Platform, including information about your business.  You must also pay for Prospect Lists, so you must also provide a valid and working payment method for your Account in order to purchase Prospect Lists.  You can read more about our fees and how we collect payments in the “Fees and Payment” section of these Terms below. 

You are responsible for all activity that occurs through your Account.  You agree to maintain the security and secrecy of your Account’s username and password. 

Your Use of our Site and our Platform

Your Licenses

Subject to, and conditioned upon, your compliance with these Terms, including the restrictions on your use of our Platform, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) visit our Site, (b) access our Platform through your Account, and (c) download, use, reproduce and/or otherwise exploit Prospect Lists solely to target your marketing efforts (the “Permitted Use”) and for no other purpose.  Except for the foregoing limited license rights, all right, title and interest in and to Prospect Lists, our Site, our Platform and all information, content and materials made available through our Site and our Platform, including without limitation features and functionality found on, provided by or embodied in our Site and our Platform, software, computer code (including source code or object code), copyright-protected works, trademarks, trade dress, service marks, logos, visual interfaces, graphics, design, compilation, information, data, sound files and the selection and arrangement thereof (“Our Content”), including without limitation all intellectual property rights therein, shall be and remain owned exclusively by us.  

YOU MAY NOT USE OUR SITE OR OUR PLATFORM IN ANY WAY NOT EXPRESSLY APPROVED IN YOUR LICENSE RIGHTS.  YOU ACKNOWLEDGE THAT PROSPECT LISTS ARE A VALUABLE RESOURCE, AND YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT TO RESELL, SUBLICENSE, PUBLISH, MAKE AVAILABLE OR USE PROSPECT LISTS FOR THE BENEFIT OF ANY OTHER PARTY. 

Restrictions on Use

You agree that you shall not, and shall not permit others to:

• Use our Site, our Platform or Prospect Lists for any unlawful purpose or for any commercial activities (other than purchasing Prospect Lists and using them for the Permitted Use), including without limitation use of Prospect Lists to send unsolicited messages or engage in activity prohibited by anti-SPAM rules and regulations;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Modify, translate, adapt or otherwise create derivative works or improvements of Prospect Lists or Our Content;
• Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of our Platform;
• Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from or contained on our Site, our Platform or Prospect Lists;
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Prospect Lists or Our Content or any features or functionality thereof to any third party;
• Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting our Site, our Platform, Prospect Lists or Our Content;
• Upload, transmit or distribute to or through our Site or our Platform any computer viruses or any software intended to damage or alter a computer system or data; or
• Use software or automated agents or scripts to generate automated searches, requests or queries to, or strip, scrape, or mine data from, our Site or our Platform.

We reserve the right to delete or deactivate your Account and deny you access to all or part of our Platform if we believe that you have violated or will violate these Terms.  If we delete your Account, we will delete any information associated with it within 48 hours.

Third-Party Links

Our Site, our Platform, Prospect Lists and Our Content may contain links to third-party websites and services (“Third-Party Links”).  We are not responsible for any Third-Party Links, and we do not approve, monitor, endorse, warrant or make any representations with respect to Third-Party Links.  You use all Third-Party Links at your own risk and should apply a suitable level of caution, diligence and discretion in doing so.  When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and information gathering practices. 

Your Privacy

All of the information we collect through or in connection with your use of our Site and our Platform is subject to our Privacy Policy, which is incorporated by reference into these Terms.  Please read our Privacy Policy carefully before using our Site and our Platform.

Fees and Payments

We do not charge Users a membership fee to access our Platform.  However, you must pay us a one-time fee to purchase a Prospect List (the “Prospect List Fee”).  The Prospect List Fee will be an amount provided through our Platform at the time you wish to order the Prospect List.  You will not receive the Prospect List until we have processed your Prospect List Fee.  We reserve the right in our sole discretion to change the Prospect List Fee.

We may use a third party provider to charge you the Prospect List Fee and process your payments.  The third party provider will collect and manage your payment information, including without limitation any credit card numbers.   

We do not refund Prospect List Fees.

Intellectual Property Rights

Our Content and Prospect Lists

Subject only to the express licenses we grant you in these Terms, as between you and us, we own all right, title and interest in Our Content and Prospect Lists.  Our Content and Prospect Lists are protected by copyright, trademark, and other intellectual property and related laws of both the United States and foreign countries.  You may not distribute, modify, transmit, reuse, download, repost, copy or use Our Content or Prospect Lists, whether in whole or in part, outside the scope of the express license grants provided to you in these Terms. 

We reserve all rights to Our Content and Prospect Lists not expressly granted in these Terms.  You acknowledge and agree that our Site, our Platform, Our Content and Prospect Lists are provided under license, and not sold, to you.  You do not acquire any ownership interest in our Site, our Platform, Our Content or Prospect Lists under these Terms.  

Feedback

We appreciate hearing from you and welcomes your comments about our Site and our Platform, including whether you like them, what is most useful, any malfunctions, downtime, inappropriate content or complaints (collectively, “Feedback”).  You can submit Feedback to us by emailing us at the email address provided at the beginning of these Terms.  Any Feedback you submit shall be Our Content, and you grant us a perpetual, free, worldwide, sublicensable, transferable license to Feedback to the extent it is not Our Content. 

Term and Termination

We reserve the right to modify, suspend or terminate our Site and our Platform at any time in its sole discretion.  Additionally, we may terminate, suspend or deactivate your Account or prohibit you from using our Platform for any reason, without notice, at any time and without liability to you.  If your Account is terminated or deactivated, all licenses and other rights granted to you in these Terms shall immediately cease and you will not be owed a refund.

Updates and Support

We may, from time to time and in our sole discretion, develop and provide updates to our Site and our Platform, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”).  Updates may also modify or delete in their entirety current features and functionality.  You agree that all Updates will be deemed part of our Site and our Platform and shall be subject to these Terms.

Notwithstanding the above paragraph, you acknowledge and agree that we have no obligation to (a) provide you with technical support, (b) provide any Updates, or (c) continue to provide or enable any features or functionality of our Site or our Platform.

Warranties; Disclaimer of warranties

Your Representations and Warranties

You represent and warrant to us that: (a) all of the required Account Information you submit is truthful and accurate, and you will maintain the accuracy of such information; (b) you have full power and authority to enter into these Terms; and (c) your use of our Site and our Platform does not and shall not violate any laws or infringe or misappropriate any third party’s intellectual property rights.

Disclaimer of Warranties

Your use of our Site, our Platform and Prospect Lists is at your own risk.  Prospect Lists and Our Content is provided “as is” and “as available”, without any representations or warranties of any kind.  We expressly disclaim all representations and warranties of any kind, whether express or implied, with respect to our Site, our Platform, Our Content and Prospect Lists, including without limitation warranties of title, non-infringement, merchantability, accuracy and fitness for a particular purpose.  Without limiting the foregoing, we do not warrant the accuracy, timeliness, completeness, security or reliability of Prospect Lists, or that your use of Prospect Lists achieve results for you.  Prospect Lists should not be regarded by you as a substitute for the exercise of your own judgment.  Any information provided in Prospect Lists is subject to change without notice and may differ or be contrary to current information not available to us.  We are not under any obligation to update or keep current the information contained in Prospect Lists nor to remove any outdated information from Prospect Lists.

Indemnification

You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (a) your use of our Site, our Platform and Prospect Lists and any other uses of the same through your Account; (b) your breach or violation of any of these Terms, including without limitation the restrictions on use provided herein, or any applicable laws or regulations; or (c) your violation of the rights of any third party.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of such claims.  You agree not to settle any claims without our prior written consent.  We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Limitation on Liability

WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOST PROPERTY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF OUR SITE, OUR PLATFORM OR PROSPECT LISTS, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL.  SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF OUR SITE, OUR PLATFORM, OUR CONTENT OR PROSPECT LISTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

DISPUTE RESOLUTION

For any dispute you have with us, you agree to first contact us in accordance with these Terms and attempt to resolve the dispute informally.  If we have not been able to resolve the dispute with you informally after thirty (30) days, either party may elect to resolve the dispute by binding arbitration conducted under the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”).  Unless the parties agree otherwise, the arbitration will be conducted in a place of our choosing.  Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the JAMS Rules.  The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief for matters related to data security, intellectual property or unauthorized access to or use of our Site, our Platform, Our Content or Prospect Lists.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL; YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

Notices

You agree that we may provide notices to you through: (a) a prominent notice when you log into your Account or a message sent to your Account; (b) an email sent to an email address associated with your Account; or (c) through other means deemed sufficient by us, including without limitation telephone or mail.  You agree to keep the contact information associated with your Account up to date.

You agree that the only way to provide legal notice to us is by message sent to one of the addresses below:

Email Address:           support@thebeacondog.com

Mailing Address:        Infinity Loop Capital

111 Sandra Muraida Way #13C

Austin, TX 78703

General Terms

We reserve the right to change these Terms at any time.  Amendments will be effective upon our providing notice of such updated Terms to you (a) by email sent to the address associated with your Account, or (b) by posting a prominent notice of such change on our Site.  Your continued access or use of our Site and our Platform after such notice constitutes your consent to be bound by the amended Terms.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable.  These Terms, together with any commercial agreement you may enter into with us, are the complete and exclusive statement of the terms and conditions governing your use of our Site and our Platform, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  No agency, partnership, joint venture or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.  Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  You may not assign these Terms without our prior written consent.  We may assign or transfer these Terms, in whole or in part, without restriction.  If you are a living person, you agree that your Account is non-transferable and your rights to the content within your Account terminate upon your death.  These Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions.