Terms of Use ("Terms")

The API Terms and Conditions below describe the rights and responsibilities of accessing the National Do Not Call List’s publicly available application programming interface (the “API”). This includes the access and use of the API Documentation.

Before accessing and using the National Do Not Call List API, you must read these Terms of Use ("Terms", "Terms of Use").

The National Do Not Call List API is operated by the National Do Not Call List Operator, RCGT Consulting Inc. ("us", "we", or "our").

Your access to and use of the API is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the API.
By accessing or using the API you agree to be bound by and to strictly comply with these Terms. If you disagree with any part of the Terms then you may not access the API and must cease any use of it immediately.
The National Do Not Call List Operator grants you the ability to access our publicly available API subject to the terms, conditions and restrictions outlined within this document. Access to our API is for the purposes of developing, testing and supporting the integration into your application to conduct the following actions on the National Do Not Call List for consumers:

You may charge for your application, but you may not: sell, rent, lease, sublicense, redistribute, or syndicate access to our API.
By accessing and using our APIs, you do not acquire any ownership, directly or indirectly, of any rights in any form in our APIs or any content that is accessed through our APIs. The National Do Not Call List Operator hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to use and access the API for the purposes outlined in these Terms. Except for the limited license and rights expressly granted to you in the Terms, these Terms do not grant you any other right or licence, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of ours or any third party. We may terminate this licence at any time for any reason whatsoever.

Without notice and at our discretion, the National Do Not Call List Operator may revoke access to the API, including for any apparent non-compliance to any part of this agreement.
In addition to complying with these Terms, you agree to access and use the API for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The API shall not be used where, and to any extent which, such use is prohibited by law, including but not limited to: (i) violating, circumventing or breaking any law or regulation; (ii) allowing the use of your application by consumers, telemarketers, or clients thereof to violate, circumvent or break any law or regulation; and (iii) attempting to test security vulnerabilities of or damage the National Do Not Call List service in any way, including any behavior that constitutes excessive or abusive usage. You agree, and confirm, that your access and use of the API is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from accessing or using the API due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary, if applicable.
The API requires the use of third-party identification for your application via authorization token. This authorization token must not be shared intentionally or unintentionally beyond the authorized party for a single specific application. Sharing this token will result in the cancellation of the token by the National Do Not Call List Operator.

The National Do Not Call List Operator endeavours to maintain the API and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the API or its operation. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement, to the fullest extent allowed under applicable laws.
Even if the National Do Not Call List Operator uses technologies that are of merchantable quality and suitable for the provision of the API, no technology is infallible nor fully sheltered from unforeseeable or force majeure events, cyberattacks or unauthorized uses and access, and you should be aware that there is an inherent risk in transmitting and storing any data electronically. This risk is inherent in all electronic dealings as well as to all other forms of communications. Consequently, we cannot guarantee that any information transmitted or stored will never be intercepted or viewed or subject to other incidents
Furthermore, even if the National Do Not Call List Operator makes reasonable efforts in order for the description of the services and other content to be complete and current, the foregoing may include inaccuracies, typographical errors (and other errors) and omissions relating to the description and availability, or other information. For instance, some features may be deleted, upgraded or modified. Furthermore, we do not control the information offered or made available on or through the API. Accordingly, we insist on the fact that we are not making representations or warranties that the information will be accurate or complete, up-to-date or relevant, and accordingly, any decision, action taken, or failure to act in reliance on any content is your sole responsibility and liability.
By continuing to access or use our API, you understand and agree that the use of the API is left to your entire discretion and hence is made at your own risk. We disclaim any responsibility regarding the use of these services, and will not be, and cannot be, responsible for any damage, including damages caused by use or misuse of the services, subject however to applicable laws.

Under no circumstances shall the National Do Not Call List Operator be liable to you, or to any other party, for any losses, costs or damages of any kind or nature whatsoever, whether direct or indirect, that are suffered or incurred in any connection whatsoever with the access or use of (or the inability to access or use) the API, regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, equity, or strict liability, by statute or otherwise, and regardless of the occurrence of a fundamental breach or failure of essential purpose.
In no event whatsoever shall the National Do Not Call List Operator, its directors, officers, employees, shareholders, affiliates, agents or third party contractors, suppliers and licensors be liable for any special, exemplary, punitive, consequential, incidental or indirect damages of any kind or nature whatsoever that are suffered or incurred in connection with the access or use of the API however caused and regardless of the form of the cause of action and whether or not foreseeable, even if we have been informed in advance or ought reasonably to have known of the potential for such damages.
The entire risk as to the results and performance and use of the API and any provided support is assumed by you.
We shall not be liable for any failure to perform our obligations hereunder where the failure results from any cause beyond our control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms and conditions of these Terms that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities set out in these Terms are fair and reasonable in the circumstances.
By continuing to access or use our API, you hereby agree to defend, indemnify and hold harmless the National Do Not Call List Operator from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in the enforcement of this provision), relating to or arising out of your access or use of the API, your breach or alleged breach of these Terms, your violation of any applicable laws or regulations, or your violation of any rights of another person or entity.

We may terminate or suspend access to our API immediately, without prior notice or liability, for any reason whatsoever, including without limitation: (i) for your breach of the Terms or applicable laws; (ii) any representation or warranty becomes no longer true or accurate in whole or in part; (iii) you access or use the API for illicit purposes or any purpose other than the permitted purposes outlined above; (iv) the law otherwise requires or allows such termination or suspension; (v) the National Do Not Call List Operator becomes aware or reasonably suspects that any of the foregoing occurred; (vi) any portion of the API proves defective or requires an update, an upgrade or any other form of maintenance; (vii) the API becomes illegal or subject to specific authorizations in any jurisdiction; and (viii) for any other reason where such interruption, suspension or termination is necessary in the National Do Not Call List Operator’s sole opinion.
We may terminate or suspend your authorization token immediately, without prior notice or liability, for any reason whatsoever, including without limitation for your breach of the Terms or any other reason outlined above.
Upon termination, (i) your right to access and use the API will immediately cease to exist; (ii) we shall be entitled to disable your access to the API; and (iii) you must promptly cease using the API.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our API and supersede and replace any prior agreements we might have between us regarding the API.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 60 days-notice prior to any new terms taking effect, however failure to do so does not preclude the revised terms from taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our API after those revisions become effective, you agree to be bound by and strictly comply with the revised terms. If you do not agree to the new terms, please stop accessing and using the API.

The relationship between you and the National DNCL Operator will remain that of a user and/or provider of the API, and nothing in these Terms shall be construed as creating a partnership, agency, joint venture, association, fiduciary or an employer-employee relationship between you and the National DNCL Operator.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or in connection with the API that is caused by events outside our reasonable control, including, without limitation, fire, flood, extreme climatic conditions or other acts of God, failure by telecommunication providers, strikes, picketing, lockout or other labour disputes and/or governmental acts; and such failure or delay will not constitute a breach of these Terms.
The headings of these Terms are for convenience only and are not to be construed in any way as additions or limitations to the covenants and agreements contained herein.