Effective Date: March 31, 2026 · Last Updated: March 31, 2026
These Terms of Use (“Terms”) govern your access to and use of Action List Builder (“ALB,” the “Service,” or the “Platform”), a cloud-based marketing automation platform operated by Action Digital (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Action List Builder is a cloud-based software platform that automates email campaign list segmentation and synchronization with Constant Contact for KOA campground operators. The Service ingests daily reservation data feeds, segments guests into configurable campaign lists based on defined rules, and synchronizes those lists to the customer’s Constant Contact account(s).
The Service does not send emails. The Service builds and manages contact lists. Email design, content creation, automation configuration, and email delivery are handled by Constant Contact, which is a third-party platform not owned or operated by Action Digital.
Access to the Service is restricted to authorized users designated by the subscribing organization (“Customer”). Each user must have a valid account with a unique email address and password.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at system@actionlistbuilder.com of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your access to the Service at any time for violation of these Terms, non-payment of applicable fees, or any conduct that we reasonably believe may harm the Service, other users, or third parties.
You may use the Service solely for the purpose of managing email campaign list segmentation for campground properties that you are authorized to manage, in compliance with all applicable laws and regulations.
You agree not to:
All reservation records, guest contact information, campaign configurations, and other data uploaded to or processed by the Service (“Customer Data”) remains the property of the Customer. Action Digital does not claim ownership of Customer Data.
We process Customer Data solely for the purpose of providing the Service. Our collection, use, and handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
We implement commercially reasonable technical and organizational measures to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.
The Service includes built-in safeguards for anti-spam compliance, including automatic suppression of unsubscribed contacts and email deduplication. However, the Customer is solely responsible for ensuring that their use of contact lists generated by the Service complies with all applicable anti-spam legislation, including CAN-SPAM (United States), CASL (Canada), GDPR (European Union), and any other applicable laws. The Customer is responsible for obtaining and maintaining proper consent from contacts, honoring unsubscribe requests, and complying with all email marketing regulations.
The Service, including all software, algorithms, user interfaces, designs, documentation, trade names, trademarks, logos, and all other intellectual property embodied in or related to the Service, is and shall remain the exclusive property of Action Digital. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use the Service as expressly permitted herein.
If you provide us with suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service (“Feedback”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and incorporate such Feedback into the Service without restriction or obligation to you.
The Service integrates with and relies upon third-party services, including but not limited to Constant Contact, Google Drive, Google Workspace, Supabase, and Vercel. Your use of these third-party services is subject to their respective terms of service and privacy policies. Action Digital is not responsible for the availability, accuracy, performance, or policies of any third-party service. Changes to third-party APIs, terms of service, or operational procedures that affect the Service will be addressed on a commercially reasonable basis.
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, unscheduled maintenance, third-party service outages, internet connectivity issues, or events beyond our reasonable control. Specific uptime commitments, if any, are set forth in the applicable Service Level Agreement between Action Digital and the Customer.
The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, Action Digital does not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Service will be accurate or reliable; (d) any errors in the Service will be corrected; or (e) the Service will be compatible with any particular hardware or software configuration.
To the maximum extent permitted by applicable law, in no event shall Action Digital, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunity, or goodwill, arising out of or related to your use of or inability to use the Service, regardless of the cause of action or the theory of liability (contract, tort, strict liability, or otherwise), even if Action Digital has been advised of the possibility of such damages.
Action Digital’s total aggregate liability arising out of or related to these Terms or your use of the Service shall not exceed the total fees paid by Customer to Action Digital during the twelve (12) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Action Digital’s liability shall be limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless Action Digital and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any Customer Data you upload to or process through the Service; or (e) your email marketing practices, including any claims under CAN-SPAM, CASL, GDPR, or similar legislation.
We reserve the right to modify, update, or discontinue any feature or functionality of the Service at any time, with or without notice. We will use commercially reasonable efforts to provide advance notice of material changes that may affect your use of the Service.
We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms on the Service and updating the “Last Updated” date. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms or the Service shall first be submitted to good-faith mediation. If mediation is unsuccessful within thirty (30) days, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
13.1 Entire Agreement. These Terms, together with the Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and Action Digital regarding the Service and supersede all prior agreements, understandings, and representations.
13.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Waiver. The failure of Action Digital to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Action Digital may assign these Terms without restriction.
13.5 Force Majeure. Action Digital shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, government orders, internet outages, or third-party service failures.
13.6 Notices. Notices to Action Digital should be sent to system@actionlistbuilder.com. Notices to you will be sent to the email address associated with your account.
If you have any questions about these Terms, please contact us at:
Action Digital
Email: system@actionlistbuilder.com
Website: actionlistbuilder.com