Introduction
These Terms of Sale provide the terms of sale and purchase of Enhanced Listings (“Enhanced Listings” or “Enhanced Listing”) on The Fund Marketer website, www.thefundmarketer.com ("Website"), which is published and maintained by FILISTS, LLC (d/b/a FiLists) (“FiLists,” “we,” or “us”). The Terms of Sale contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
By purchasing an Enhanced Listing you are also agreeing to our Terms of Use and Privacy Policy. Please read them carefully.
Enhanced Listings
The Website includes certain information on companies and their products. Enhanced Listings enable companies that are already listed on the Website to have additional information included for a fee. We reserve the right to decline to list a company and its services on our website, including the right to decline to provide an Enhanced Listing.
Pricing
When you purchase an Enhanced Listing, the price and term will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. All prices are in United States Dollars, unless otherwise stated.
Auto-Renewal
Unless you cancel your Enhanced Listing, it will be automatically renewed at the end of its term, at the rate(s) then in effect, and the credit card you used to purchase your Enhanced Listing will be charged. We will send you a reminder email prior to auto-renewal. If you do not wish for your Enhanced Listing to auto-renew, you may contact us to request cancellation. When you cancel an Enhanced Listing, you cancel only future charges. You may notify us of your intent to cancel at any time, however the cancellation will become effective at the end of your current billing period.
Content
The type of content to be included in your Enhanced Listing will be detailed in information made available to you at the time of purchase. We reserve the right to edit content in Enhanced Listings. We also reserve the right to change the type of content included in Enhanced Listings at any time. If we provide additional content, the opportunity to include that additional content will be made available to you at your next renewal period. If we remove types of content that are contained in your Enhanced Listing, or decide to no longer offer the Website, we will offer you a pro-rata refund, as discussed in the below paragraph.
Refunds
The purchase of an Enhanced Listing is non-refundable. At times, the website may be down for maintenance or as a result of technology outages, and we are not obligated to refund you under those circumstances. You understand and accept that we are under no obligation to provide information on your company and its products and services. We may remove your information from the Website at any time and for any reason, or decide to no longer maintain the Website. However, if we no longer display information covered by an Enhanced Listing, you will have the right to a refund of the pro-rata portion of the fees you have paid. Note that any one-time fees (such as Q&A or Embedded Video setup fees) will be refunded pro-rata based on the time elapsed over a two-year period after purchase.
Price Changes
We reserve the right to change the Enhanced Listing fees at any time. If the Enhanced Listing fee for an upcoming auto-renewal will be different versus what you previously paid, we will notify you by email prior to the auto-renewal and you will have the opportunity to cancel.
Notifications
Notifications regarding price changes, or reminders on auto-renewals will be sent to the email address we have on file for you, which will be the email address you used to purchase your listing, or an updated email address you subsequently provided to us. You are responsible for ensuring we have an updated email address for you, and for checking this email address for any notifications from us.
Changes to the Terms of Sale
We may, from time to time, change these Terms of Sale. When such changes are made, we will post a copy of the new Terms of Sale available to you on the Website. A link to the Terms of Sale will also be provided in auto-renewal notices sent to your email.
Accuracy of Information
We will attempt ensure that the information you provide to us is correctly displayed. You are responsible for monitoring your listing on the Website and notifying us if anything needs to be changed. At or around each auto-renewal of your Enhanced Listing, we will ask you by email if any updates are required. We attempt to review each listing annually and list the date the listing was last reviewed. We are under no obligation to make updates more frequently.
Limitation on Liability
To the fullest extent provided by law, in no event will the collective liability of FiLists and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to us for the applicable content, product, or service in the last twelve (12) months out of which liability arose. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Last modified: May 31, 2024
