Terms And Conditions

Agreement between User and bhphlist.com

Welcome to bhphlist.com The bhphlist.com website (the Site) is comprised of various web pages operated by True Target Marketing Inc. bhphlist.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the Terms). Your use of bhphlist.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

bhphlist.com is an E-Commerce Site that offers the following services:

Automotive Advertisement.

Privacy

Your use of bhphlist.com is subject to True Target Marketing Inc. Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communication

Visiting bhphlist.com or sending emails to True Target Marketing Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that True Target Marketing Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account, or remove or edit content in our sole discretion.

Children Under Thirteen

True Target Marketing Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use bhphlist.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

bhphlist.com may contain links to other websites (Linked Sites). The Linked Sites are not under the control of True Target Marketing Inc. and True Target Marketing Inc. is not responsible for the contents of any Linked Site, Including without limitation any link contained in a Linked Site, or any change or updates to a Linked Site. True Target Marketing Inc. is providing these links to you only as a convenience, and the Inclusion of any link does not imply endorsement by True Target Marketing Inc. of the site or any association with its operators.

Certain services made available via bhphlist.com are delivered by third party sites and organizations. By using any product, service or functionality originating from bhphlist.com domain, you hereby acknowledge and consent that True Target Marketing Inc. may share such information and data with any third party with whom True Target Marketing Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of bhphlist.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use bhphlist.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to True Target Marketing Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content Included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of True Target Marketing Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. True Target Marketing Inc content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of True Target Marketing Inc and copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of True Target Marketing Inc or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your True Target Marketing Inc account to third party accounts. By connecting your True Target Marketing Inc account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by True Target Marketing Inc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the True Target Marketing Inc Content accessed the bhphlist.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless True Target Marketing Inc, its officers, director, employees, agents and third parties, for any losses, costs, liabilities and expenses (Including reasonable attorney fees) relating to or arising out of your use of or inability to use the Site or services, and user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. True Target Marketing Inc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with True Target Marketing Inc in asserting and available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising our of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover it costs and reasonable attorney fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, Including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODIALLY ADDED TO THE INFORMATION HEREIN. TARGET MARKETING INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

TRUE TARGET MARKETING INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. TARGET MARKETING INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUE TARGET MARKETING INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, OBATAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TARGET MARKETING INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

True Target Marketing Inc reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the United States of America and you hereby consent to the exclusive jurisdiction and venue of courts in United States of America in all disputes arising out of or relating to the use of the Site. Use of the Site is authorized in any jurisdiction that does not give effect to all provisions of these Terms, Including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and True Target Marketing Inc as a result of this agreement or use of the Site. True Target Marketing Inc performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreements is in derogation of True Target Marketing right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by True Target Marketing Inc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law Including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and True Target Marketing Inc with respect to the Site and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral and written, between the user and True Target Marketing Inc with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Automatic Recurring Billing Agreement

Please read this Agreement carefully and have it available for reference before contacting TRUE TARGET MARKETING INC. to set up your automatic recurring payment. Please verify that all information provided to TRUE TARGET MARKETING INC representative is complete and accurate before signifying your agreement.

Frequency of Payments.

An automatic recurring payment in the range provided to you in writing, electronically, or as described to you by TRUE TARGET MARKETING INC representative will be made every month ("Monthly Payment") for renewal of your subscription on a recurring basis. You will also receive a post-payment confirmation email following all automatic recurring payments. For example, if your subscription requires a $75 per month payment, and your subscription starts on March 1, the first recurring Monthly Payment of $75 will be made on March 1. Your next automatic recurring payment in the amount of $75 would occur on April 1. You will not receive any notice of this payment, but you will receive post-payment confirmation by email.

Automatic Recurring Payment Failure.

If your automatic recurring payment is declined, you will be contacted by phone or email. We may permanently restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: If your Automatic Recurring Payment fails, you will need to replenish your account with another payment method. In the event any payment is not made, and you do not make a payment by the end of your billing cycle, your service may be suspended or cancelled.

Cancellation of Automatic Recurring Payment.

You have the right to withdraw your consent to this Automatic Recurring Payment at any time. To cancel your Automatic Recurring Payment, contact us at [email protected]. Your request to cancel your Automatic Recurring Payment may take up to 24 hours to take effect.

Reestablishing Automatic Recurring Payment.

If you wish to reestablish your Automatic Recurring Payment, contact us at [email protected]

Changing Automatic Recurring Payment

If you would like to change your Automatic Recurring Payment including, for example, making a change from one credit or debit card that was initially selected to another credit or debit card or bank account, you must authorize the recurring payment with the new credit or debit card or bank account by contacting True Target Marketing Inc. Your previously approved Automatic Recurring Payment will be terminated within 24 hours.

Access to Agreement

To access this Agreement in the future through bhphlist.com website, go to the home page footer navigation and click on "Terms and Conditions". If you are viewing this Agreement on the bhphlist.com website, please print a copy of this Agreement for future reference. To confirm which credit, or debit card or bank account you authorized, contact True Target Marketing Inc.

Electronic Authorization

This Agreement is not transferable and must be agreed to by the person authorized on the True Target Marketing account, by contacting True Target Marketing Inc representative and following the authorization process.

AGREEING TO THESE CONDITIONS

By providing my credit, or debit card or bank account information ("Payment Method"), I AGREE that I have read and understand this Automatic Recurring Payment Agreement. In addition, I authorize True Target Marketing Inc, to charge the full amount required by my rate plan (once every month or more frequently as described) to the specified Payment Method; and I authorize the financial institution for the Payment Method, specified above to charge or debit my account and remit payment for my subscription to bhphlist.com. This authority will remain in effect until I give notification, as required under this Agreement, to terminate this authorization.

Changes to Terms

True Target Marketing Inc reserves the right, in its sole discretion, to change the Terms under which bhphlist.com is offered. The most current version of the Terms will supersede all previous versions. True Target Marketing Inc encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

True Target Marketing Inc welcomes your question or comments regarding the Terms: Feel Free To Contact