Terms and Conditions

Binding Agreement

This Terms of Use and Service Agreement (“Agreement”) is a legally binding contract between you and New York Lists (“Company,” “we,” “us,” or “our”), operator of www.newyorklists.com (the “Site”) and all associated services (collectively, the “Service”).

By accessing or using the Site or Service, you confirm that:

• You are at least 13 years of age and legally capable of entering into binding contracts under New York State law.
• You have read, understood, and agree to be bound by this Agreement and all applicable laws and regulations.
• If you are accessing the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to this Agreement.

We reserve the right to update this Agreement at any time. Continued use of the Site after any changes constitutes your acceptance of the revised terms.

Subscriptions & Billing

By purchasing a subscription or membership, you authorize New York Lists to charge your payment method on a recurring basis until you cancel. Please note:

• Subscription fees are billed automatically at the start of each billing period.
• Fees are non-refundable and will not be prorated upon cancellation.
• We reserve the right to change subscription pricing at any time with reasonable advance notice posted to the Site.
• You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

Privacy Policy

Your privacy matters to us. Our Privacy Policy, available at www.newyorklists.com/privacy-policy, explains how we collect, use, and protect your personal information and is incorporated into this Agreement by reference. By using the Site, you consent to the data practices described therein.

New York Lists complies with applicable data privacy laws, including the New York SHIELD Act, the California Consumer Privacy Act (CCPA) where applicable, and applicable federal regulations.

Intellectual Property & License

All content, features, and functionality on the Site — including text, graphics, logos, data compilations, software, and design — are owned by or licensed to New York Lists and are protected by U.S. and international copyright, trademark, and intellectual property laws.

We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Site solely for its intended purpose, subject to this Agreement. This license does not include the right to:

• Reproduce, modify, or create derivative works from any Site content.
• Scrape, collect, or use data from the Site for competitive purposes or to build similar databases.
• Use automated tools, bots, or scripts to access or extract content from the Site without prior written permission.
• Reverse engineer, decompile, or attempt to extract source code from any software used in the Site.

Confidentiality

“Confidential Information” means any non-public information shared with you through your use of the Site or Service, including but not limited to business data, database structure, customer lists, pricing, technical methods, and trade secrets.

Your Obligations

• Keep all Confidential Information strictly confidential and not disclose it to any third party without our prior written consent.
• Use Confidential Information solely as necessary to make use of the Service for its intended purpose.
• Take reasonable steps to prevent unauthorized access to or disclosure of Confidential Information.

Confidentiality obligations do not apply to information that is already publicly known, independently developed by you, or required to be disclosed by law (with prompt prior notice to us where permitted).

Acceptable Use

Permitted Uses

You may use the Site and Service to legitimately promote your business or those of your clients if you are a marketing agency or consultant, as expressly authorized by us.

Prohibited Uses

You may not use the Site or Service to:

• Distribute viruses, malware, or any harmful code.
• Attempt to gain unauthorized access to any part of the Site or its systems.
• Impersonate any person, business, or entity.
• Harvest, scrape, or collect user data or email addresses without authorization.
• Send spam or unsolicited commercial messages in violation of the CAN-SPAM Act or applicable New York or federal law.
• Engage in false or misleading advertising, including fake pricing, false scarcity claims, or fabricated testimonials.
• Violate any applicable local, state (including NYC Administrative Code), federal, or international law or regulation.
• Co-brand, frame, or hyper-link to the Site without our prior written consent.
• Interfere with other users’ ability to access or enjoy the Service.

Spam & Marketing Compliance

All marketing communications sent using our Service must comply with applicable law, including:

• The CAN-SPAM Act (email marketing).
• The Telephone Consumer Protection Act / TCPA (SMS/text message marketing).
• FTC guidelines on endorsements, testimonials, and advertising disclosures.
• New York State and New York City consumer protection regulations.

Prohibited activities include sending messages with deceptive headers, false subject lines, missing opt-out mechanisms, or without a valid physical mailing address. Accounts found in violation may be suspended or terminated immediately.

User Content

By submitting, posting, or uploading any content to the Site (“User Content”), you grant New York Lists a worldwide, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, and adapt that content in connection with operating and promoting the Site and Service.

You represent and warrant that you own or have all necessary rights to your User Content, and that it does not infringe any third-party intellectual property rights or violate any applicable law.

Prohibited Content

You may not post, transmit, or distribute content that is:

• Defamatory, obscene, pornographic, harassing, or threatening.
• Fraudulent, misleading, or likely to deceive consumers.
• In violation of any third party’s copyright, trademark, or other intellectual property rights.
• In violation of any applicable federal, New York State, or New York City law or regulation.

We reserve the right to remove any content we determine, in our sole discretion, violates these standards, and to cooperate fully with law enforcement authorities.

Copyright Infringement (DMCA)

New York Lists respects intellectual property rights and complies with the Digital Millennium Copyright Act. If you believe content on our Site infringes your copyright, please send a written notice to us including:

• A physical or electronic signature of the rights owner or authorized representative.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the infringing material and its location on the Site.
• Your contact information (address, phone number, email).
• A statement of good faith belief that the use is not authorized by the copyright owner.
• A statement under penalty of perjury that your notice is accurate and you are authorized to act.

Send DMCA notices to:

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Use a strong, unique password for your New York Lists account.
• Notify us immediately of any unauthorized account access or security breach.
• Not share your login credentials with any other person.

We are not liable for any loss or damage arising from unauthorized use of your account where you have failed to take reasonable security precautions.

Disclaimers

We do not warrant that the Site will be uninterrupted, error-free, or free from viruses or other harmful components. Business listings, ratings, and reviews on the Site are provided for informational purposes only and we make no representations as to their accuracy or completeness.

Limitation of Liability

Our total liability to you for any claim arising from your use of the Site or Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Third-Party Sites & Affiliate Relationships

The Site may contain links to third-party websites. We have no control over, and assume no responsibility for, the content, privacy practices, or accuracy of any third-party sites. Links do not imply endorsement.

New York Lists and its managers or members may earn affiliate commissions from products or services recommended on the Site. By using the Service, you acknowledge and consent to these arrangements.

Referral Commissions

You may be eligible to earn referral commissions under our current commission policy. Commissions are paid only when: (1) we receive payment from your referred user; (2) your account is active and in good standing; and (3) you have no outstanding balance owed to us. We reserve the right to offset commissions against any amounts you owe.

Termination

We reserve the right to suspend or terminate your access to the Site or Service, at our sole discretion, with or without notice, if we believe you have violated this Agreement, provided false information, or engaged in conduct harmful to the Site, other users, or New York Lists.

Upon termination: (a) your license to use the Site and Service ends immediately; (b) we may delete or take ownership of content associated with your account on our servers; and (c) provisions of this Agreement that by their nature should survive termination — including confidentiality, IP ownership, disclaimers, and limitation of liability — shall continue in full force.

Indemnification

You agree to indemnify, defend, and hold harmless New York Lists and its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Site or Service.
• Your violation of this Agreement.
• Your User Content.
• Your violation of any applicable law or third-party rights.

Governing Law & Dispute Resolution

This Agreement is governed by the laws of the State of New York, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in the Southern District of New York for any disputes arising out of or related to this Agreement or your use of the Site.

New York City residents: Nothing in this Agreement limits rights you may have under the New York City Consumer Protection Law or other applicable local law.

Modifications to the Agreement

We may update this Agreement at any time. Material changes will be posted on the Site with a revised “Last Updated” date, and where required, you will be asked to affirmatively accept the new terms. Continued use of the Site after the effective date of any change constitutes your acceptance. If you do not agree to a change, your sole remedy is to stop using the Site and request cancellation of your account.

Notices

Notices to New York Lists may be sent by email or mail to our registered business address. We will provide notices to you via your registered email address or by posting to the Site. Email notices are deemed received 24 hours after sending, absent a non-delivery notification.

General Provisions

• Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and New York Lists regarding the Site and Service.
• Severability: If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force.
• No Waiver: Our failure to enforce any provision does not constitute a waiver of our right to enforce it later.
• Assignment: You may not assign your rights under this Agreement without our prior written consent. We may assign our rights freely.
• Independent Contractors: You and New York Lists are independent contractors. This Agreement does not create any employment, agency, partnership, or joint venture relationship.