PRIVACY POLICY | LISTA
PRIVACY POLICY | LISTA
Date Updated: Nov, 6 2025
This Privacy Policy is hosted on a public, non-geofenced HTML page and is linked from our Google Play store listing and in-app. The hosted page controls if copies differ.
I. INTRODUCTION
Welcome to LISTA BOOKKEEPING APP, INC.
Lista Bookkeeping App, Inc. ("LISTA", "our", "us", or "we") and its various official partners ("Partners") are committed to protect and respect your rights to your personal data , in compliance with Republic Act No. 10173 or "the Data Privacy Act of 2012" ; related rules, regulations, and issuances of the National Privacy Commission ("NPC") ; and with the adoption of constantly changing commercially acceptable standards for data protection (collectively, the "Law").
Please read our Privacy Statement to know the "whys", "whats", "whens", "hows", and "who's/'re", among others, of our Statement for our community's data protection.
By expressly providing your consent to our Privacy Statement and our Terms & Conditions, or by accessing, benefitting from, or using, our varied platforms, whether in print or via our online software systems, directly or indirectly, such as the latest official build of our Lista Website at https://www.lista.com.ph/ ("Website") and the latest versions of our official mobile application ("App") (collectively, "Platforms") available on Google Play Store, Apple Play Store, and other similar platforms and other services including but not limited to recording credit/payment, communicating dues/balances via the site and application, any mobile or internet connected device or otherwise (collectively the "Lista Service") , you hereby acknowledge that you have read, understood, and agree to the terms of our Privacy Statement, Cookie Statement, Terms & Conditions, and any other documents that are referred in this Privacy Statement. You agree to having your data collected, corrected, transferred, stored, retrieved, used, retained, shared, deconstructed, and/or destroyed in the manner disclosed in this Privacy Statement and our Terms & Conditions. This Privacy Statement applies to all people and entities accessing our Platforms.
This Privacy Statement (together with our Terms & Conditions, our Cookie Statement, and any other documents referred herein) explains our Statement regarding the collection, use, retention, disclosure and transfer of your information by Lista. This Statement forms part and parcel of the Terms of Use for the LISTA Services. Capitalized terms which have been used here but are undefined shall have the same meaning as attributed to them in the Terms of Use. Users (as defined hereinafter) are requested to read this Statement in conjunction with the Terms of Use.
The Application/Site facilitates the provision of an online digital ledger book/record book enabling Users to document their ledger entries in relation to their respective customers. Additionally, the Platform grants Users the ability to generate a payment link, which can be transmitted to their respective customers. By utilizing the payment link, customers are enabled to make payments to the Users, thereby fulfilling their obligations towards the Users. It is important to note that the term 'Services' encompasses any other prospective services LISTA may offer or propose to offer.
We respect the privacy of the users of the LISTA Services ("Users" or "you") and are committed to reasonably protect it in all respects. The information about the User as collected by us are: (a) information supplied by Users ; and (b) information automatically tracked while using a mobile device having LISTA Services enabled (collectively referred to as "Personal Information").
By accessing the Site, App or otherwise using the LISTA Services, or by clicking on the tick box, you consent to this Statement's terms on the collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the LISTA Services that we offer.
If you do not agree to be bound by all the terms of this Privacy Statement, Cookie Statement, Terms & Conditions, and Data Sharing Agreement, please exit and uninstall from your devices our Platforms and do not access, use, and/or receive benefit from any of our Platforms and our collection of Services.
We may, at any time and at our sole discretion, amend, and update this Privacy Statement. You are responsible for, among others, regularly reviewing this Privacy Statement.
We may, from time to time, generate and share anonymized or aggregated insights with trusted partners for analytics and program-measurement purposes. These datasets contain no personally identifiable information.
II. DEFINITIONS
"SERVICE" means the Platforms operated by LISTA.
"PERSONAL DATA" means any personal information and/or sensitive personal information as defined under the Law, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual from information either in our possession or likely to come into our possession.
"USAGE DATA" is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
"COOKIES" are small pieces of information (including but not limited to small text files) that can be transferred by the web server and/or stored in a web browser, computer hard drive, cellular phone, tablet, other personal communication devices, applications or web tools ("Device"). Small graphic images such as "pixel tags" or "clear GIFs", or small computer files, computer programs, and similar technologies that store information on your Device or collect information or help us to identify you, your account or Device can also be included on our Lisa Platforms. Cookies are widely used to remember you and your preferences, either for a single visit or multiple repeat visits.
"DATA CONTROLLER" or "PERSONAL INFORMATION CONTROLLER" means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Statement, we are a Data Controller of your data.
"DATA PROCESSOR" or "PERSONAL INFORMATION PROCESSOR" means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
"DATA SUBJECT" is any living individual whose Personal Data is being processed pursuant to this Privacy Statement.
"USER" is the individual using our Service via our Platforms. The User corresponds to the Data Subject whose Personal Data is protected by the Law.
III. WHAT DATA WE COLLECT
Data Collection Overview
Depending on your User type, we collect several different types of Personal Data for various purposes to provide and improve our Service to you.
You provide us with personally identifiable information such as your name, email address, and physical address through various media and/or forms, such as original, notarized, and/or stamped documents in print or copies in accessible, legible, and electronic format, as may be necessary. Other Personal Data that we do not expressly require of you but which you willingly provide to us are collected as well. The information we collect depends on the features, functionalities, products, and Services that you request through our Platforms. Such information, which may or may not include personally identifiable information, includes but are not limited to the following:
Personal Information Categories
Name (First Name, Middle Name, and Last Name);
Personal photographs;
Gender;
Age;
Nationality or Citizenship;
Birthdate;
Place of Birth;
Email address;
Home Address;
IDs Presented;
Work Details;
Business Name;
Business Category;
Mobile Number (including GCash Number);
Credit Scoring Data and Reports;
Financial information (income, employment details such as payslips and BIR forms);
Transaction Receipts (Merchant Name, Transaction Date, Amount, etc);
Device information;
Log Data;
Computer Internet Protocol address ("I.P.") address;
Browser version;
Visited Websites;
Timestamps of Website Visits;
Pages Viewed;
Page response time;
Valid government-issued identification cards ("IDs") and details therein;
Cookies and Usage Data;
Loan data & reports;
Family or Household Personal Information (Name, Gender, Age, Birthdate, Employment Details);
Mobile Device Data (Model, Applications, Location, Application Usage, Frequency);
Lista Card transactions;
SMS Transaction Data (detailed below);
Contact List;
Images;
Google Admob information (mobile device data, ads usage (clicks, impressions, engagement), and IP address);
Apple App Tracking Transparency (mobile identifiers, data usage (app interactions, session duration, crash data diagnostics), information from other apps or websites).
SMS Transaction Data Collection (on Android Device Only)
With your explicit consent, LISTA collects and processes SMS messages from your device specifically for automated financial transaction tracking. This SMS parsing functionality is essential for our core money management features.
Data Collected:
We access SMS messages received from financial institutions, banks, credit/debit card companies, mobile payment services, utility companies, and retail merchants to extract transaction information including:
Transaction amounts
Merchant names
Transaction dates and times
Account/card references
Transaction categories
Bank/financial institution names
Filtering Process:
Our SMS parsing technology automatically filters and processes only SMS messages from verified financial service providers and merchants. Personal SMS messages between individuals are automatically excluded and are not processed, stored, or accessed by our system.
Core Functionality:
This SMS data collection enables LISTA's essential money management features including:
Automated expense tracking
Budget categorization
Financial transaction history
Spending pattern analysis
Account balance monitoring
Important Limitations:
SMS data is used exclusively for financial tracking and budget management purposes.
Personal SMS conversations are never accessed, processed, or stored.
SMS data is never sold, shared for advertising purposes, or used for marketing to third parties.
Data processing occurs only for transactions relevant to your financial management.
Additional Data Collection Information
The Personal Information provided by the Users is essential for the provision and enhancement of the LISTA Services, with the aim of providing an optimal user experience. We may occasionally request additional Personal Information from Users through the Application and/or Site, subject to the User's explicit consent. We do not disclose this data to any third party, except as outlined within the provisions of this Statement.
KYC Documents and Eligibility: Users authorize LISTA and its financial partners and/or third-party service providers to process Know Your Customer (KYC) Documents and determine their eligibility. The information collected during the KYC process is used solely for legal and regulatory compliance purposes, such such as anti-money laundering (AML) and counter-terrorism financing (CTF). LISTA only shares this information with authorized parties, such as its financial partners, with the User's explicit consent or as required by law.
Marketing Communications: We reserve the right to utilize your Personal Data for the purpose of communicating with you through newsletters, marketing materials, promotional content, and other information that may be deemed relevant. You maintain the option to unsubscribe by following the provided unsubscribe link.
OCR Technology: We seek explicit consent to employ an Optical Character Recognition Reader (OCR) to extract relevant data from Users' receipts, such as expense items, amounts, transaction dates, and types. The purpose of utilizing the OCR is to streamline the recording and management of financial information.
Contact List Access: Consent to access the Contact List is requested to enhance the Utang tracking feature. This is intended to improve User Experience in using existing contact information and is not shared with any third-party.
Published Content: Any reviews, comments, messages, blogs, or similar content posted, uploaded, conveyed, or communicated by Users on the public sections of the Site or an application store shall be deemed as published content and may no longer be regulated as personal information in light of data privacy laws.
Data Accuracy: We may periodically contact you to request updates or revisions to your Information to ensure the accuracy and currency of your provided details.
IV. INFORMATION AUTOMATICALLY TRACKED WHILE USING THE APP OR SITE
Usage Data
We may collect information that your browser sends whenever you visit our Service or when you access our Service by or through a mobile device ("Usage Data").
Browser Usage Data may include your computer's Internet Protocol address (e.g. IP address), browser type/version, the pages you visit, the time and date of your visit, time spent on those pages, unique device identifiers, and other diagnostic data.
Mobile Device Usage Data may include the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data.
Transaction Records
All transaction records are securely stored in a cloud-based environment, utilizing the services of financial partners and/or third-party infrastructure service providers. The selection of these providers is conducted with utmost care to ensure the highest standards of data protection and security.
Customer Information
We maintain the contact information of your customers in our records. We also retain a comprehensive log of all credit and payment-related communications with the customers to ensure accurate record-keeping and facilitate effective communication.
Demographic and Related Information
We reserve the right to utilize additional sources of demographic and other pertinent information to deliver more targeted communications and promotions. We also employ tools such as Google Analytics, Firebase, Smartlook, and other similar platforms to monitor and analyze user behavior and continually improve our services.
Valuable Feedback
You consent to the collection of Personal Data whenever you transact with our customer service and support personnel, which includes but is not limited to your full name, email address, mobile number, residential address, orders made, and account numbers.
Tracking Cookies Data
We may use cookies or similar electronic tools to enhance the responsiveness of the Site. These tools assign each visitor a unique and random number, a User Identification (User ID), which allows us to gain insights into user interests by analyzing their interactions. By continuing to visit the App/Site, you are expressly agreeing to the utilization of cookies and similar technologies.
Cookies are employed for the purpose of analyzing and optimizing our websites, as well as for marketing initiatives.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies like beacons, tags and scripts are also used.
You can instruct your browser to refuse all cookies. However, if you do not accept cookies, you may not be able to use some portions of our Service.
V. COOKIE POLICY
This Cookie Policy describes what cookies are and how the website operator uses them in the LISTA Platform and how it affects its content or services. Our Cookie Policy is part of our Privacy Statement. By accessing and/or using the LISTA Platform, you agree with the use of cookies as described.
Why do we use Cookies?
Your "cookies" are used to customize, enhance, and optimize your browsing, user, and overall experiences. Cookies provide various functions, such as storing information that can be retrieved by the web server to make the internet surfing experience more comfortable and useful.
Cookies are used for the following purposes:
To help verify your account and protect its security by detecting malicious activities;
To help combat violations of our Terms and Conditions;
To help provide you with relevant content and Services through our LISTA's Platform administration;
To distinguish you from other users when you return, allowing a maximum and convenient browsing experience; and
To ensure and improve the performance of our LISTA's Platform in terms of user navigation and usability and help us evaluate the effectiveness of our marketing efforts.
Cookies cannot be used to get data from your hard drive, retrieve email addresses or steal Personal Data about you.
What Types of Cookies Do We Use?
Session Cookies: We use Session Cookies to operate our Service.
Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
Security Cookies: We use Security Cookies for security purposes.
Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
How to Avoid and/or Deactivate Cookies?
You can decide on how your device will accept, limit or block cookies by configuring your preferences or choices through your web browser settings. You can also:
Configure multiple devices to notify you when a cookie is being placed.
Request to activate "private browsing".
You may choose to change the settings of your online browsers to prohibit, restrict, or at least notify you of cookie collection. Disabling collection of cookies may affect or completely disable some features or portions of our Platform or prevent us from performing our Services.
Disabling the display of Targeted Ads on other platforms
We may facilitate the display of targeted advertising and request your permission to track your activity across apps and websites owned by other companies. This tracking enables us to display more relevant advertisements and to measure their effectiveness.
You have control over how your personal data is used for advertising purposes. You may limit our use of mobile identifiers (such as Apple's Identifier for Advertisers (IDFA) or Google's Google Advertising ID (GAID)). On iOS devices, you can disable tracking by navigating to: Settings > Privacy & Security > Tracking, and toggling off tracking for our app.
VI. PROMINENT DISCLOSURE FOR SMS ACCESS (ANDROID ONLY)
IMPORTANT NOTICE - SMS ACCESS FOR FINANCIAL TRACKING
LISTA collects and processes SMS messages from your device to enable automated financial transaction tracking, which is essential for our core money management functionality.
Why we need this access: This enables LISTA's core features including automated expense tracking, budget categorization, and comprehensive financial management without requiring manual data entry.
When we access SMS: SMS scanning occurs automatically in the background when new messages are received from financial service providers to ensure real-time transaction tracking.
What we don't access: Personal SMS messages between individuals are automatically filtered out and never processed, accessed, or stored by our system.
How your data is protected:
SMS transaction data is used only for financial management features.
Data is never sold or shared for advertising purposes.
Only transaction-related SMS from verified financial providers are processed.
We store derived transaction fields only (amount/date/merchant/reference); we do not retain full SMS bodies.
We use Read-only access to eligible permissions (e.g., READ_SMS, RECEIVE_SMS). We do not use SEND_SMS.
This access is requested under Google Play’s SMS-based money management exception and is subject to Google review and approval. If our eligibility changes, we stop using the permission and disable SMS parsing.
VII. WHAT WE DO NOT COLLECT
We do not collect more than what is necessary. The only Personal Data, if any, that we collect comes from you. We collect only the minimum amount and kind of information necessary for our Services and our Partners' products.
VIII. LINK TO FINANCIAL PARTNERS AND THIRD-PARTY SITES/AD-SERVERS
The Site may contain links to other websites such as advertisers, blogs, content sponsorships, vendor services, social networks, and more. These websites operate under their own distinct privacy statements, which are beyond our control. To further protect yourself, we recommend reviewing the privacy policies of these websites before providing any personal information. When you navigate away from our Site, any information you provide is subject to the Privacy Statement of the respective website operator.
IX. WHOM WE SHARE THE DATA WITH
The Information (including Personal Information) collected may be shared with our affiliates, financial partners, and group companies for our internal business and/or administrative purposes and/or general corporate operations and to any third-party service providers, including marketing partners, and the User hereby consents to the same. We will take reasonable steps to ensure that these third parties are obligated to protect your personal information. These entities may market to you as a result of such sharing unless you explicitly opt-out.
SMS Data Sharing Restrictions
SMS data collected for financial tracking is subject to strict limitations:
No Sale or Advertising Use: Personally identifiable information SMS transaction data is never sold to third parties or used for advertising purposes.
Limited Sharing: Anonymized SMS data may only be shared with:
Our secure cloud infrastructure providers for data processing and storage.
Analytics providers for aggregated, anonymized spending insights (with all personal identifiers removed).
Legal authorities when required by law.
Marketplace partners for performance evaluation.
No Third-Party Marketing: SMS data is never used for promotional purposes by third parties.
General Data Sharing Practices
Location, Device, and KYC Data: The User consents that we may have access to your location and device information and may request PAN, KYC details, and biometric data to check your eligibility for certain products/services (like credit and payment products). Biometric data is collected and processed only for User verification using facial recognition and liveliness detection mechanism, with your consent and subject to law.
Legal/Regulatory Disclosure: The User also consents to share Personal Information when it is requested or required by law or by any court or governmental agency for purposes such as verification of identity, or for the prevention, detection, investigation (including cyber incidents), or for prosecution and punishment of offenses.
No Sharing of PII with Other Users/Third Parties: No Personal Identifiable Information of an individual User (like name, contact number, email address, spending data, card details) would be shared with any other User and/or third party unless explicitly approved by the concerned individual User himself/herself.
Aggregated Statistics: We may present Personal Information related to credit records, User spends, patterns, and User data tracked by us only in the form of aggregated statistics on data such as overall app usage by date, time, balances, etc. within our App/Site or to our partners.
Anonymized Sharing for Improvement: LISTA may share aggregated, statistical, or anonymized data with authorized marketplace, financial, or analytics partners to improve the quality and effectiveness of our products and partnership initiatives. These shared datasets do not contain personally identifiable information (PII) and cannot reasonably be used to identify any individual user.
Disclosures for Other Cases: We may disclose your information also:
to our subsidiaries and affiliates;
to financial partners;
to lending licensed partners for the purpose of evaluating loan applications, granting loans, collection of loans and closure of loans;
to contractors, service providers, and other third parties we use to support our business;
to card issuance and processing partners;
to Google for Admob analytics;
to fulfill the purpose(s) for which you provide it;
for the purpose of including your company's logo on our website;
for any other purpose disclosed by us when you provide the information.
X. DATA RETENTION
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XI. INFORMATION SECURITY
We implement appropriate security measures to safeguard against unauthorized access, alteration, disclosure, or destruction of data. These measures encompass internal assessments of our data collection, storage, processing practices, and security protocols.
We employ suitable encryption and physical security measures to protect against unauthorized access to systems where personal data is stored.
All Personal Information collected on the LISTA platform is securely stored within controlled databases.
Access to these servers is password-protected and strictly limited.
Our security measures undergo regular reviews and updates to align with technological advancements.
While we take all reasonable steps to ensure the security of Personal Information, it is important to understand that no method of transmission over the Internet or method of electronic storage is 100% secure.
XII. PURPOSE OF DATA PROCESSING
We will only collect and process Personal Information about you when we have a lawful basis to do so. The primary purpose is to provide you with personalized access to LISTA and its various features.
If you choose not to provide consent for the collection of your Personal Information, we may be unable to fulfill our contractual obligations to you (the Terms of Use). Consequently, your access to certain features of the LISTA Service may be restricted or we may be unable to provide you with the LISTA Service in its entirety.
SMS Data Processing Purposes
We process SMS transaction data exclusively for the following core financial management purposes:
Automated expense and income tracking.
Data is never sold to data brokers.
SMS content is never used for purposes unrelated to financial management and product personalization.
Personal SMS messages are never processed for any purpose.
General Data Processing Purposes
We use your information where we need the Personal Information to perform the contract with you, so as to:
(a) Register you on our Platform;
(b) Provide you with customer or technical support;
(c) Send you transactional emails/SMS or to provide you with information, direct marketing, online and offline advertising and other materials regarding products, services and other offers;
(d) Determine your eligibility;
(e) Provide you with the Services.
XIII. DATA PRIVACY RIGHTS
As a Data Subject, you have the following rights:
The right to be informed whether your Personal Data shall be, are being, or have been processed;
The right to object to the processing of your Personal Data;
The right to reasonably access your Personal Data;
The right to dispute the inaccuracy or error in your Personal Data and have us correct it immediately and accordingly;
The right to suspend, withdraw, or order the blocking, removal or destruction of your Personal Data from our records;
The right to file a complaint with the NPC for any violation of your data privacy rights;
The right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your Personal Data not in accordance with this Statement;
And the right to data portability of your Personal Data.
In respecting your data privacy rights, you may opt to tell us not to share your information with our subsidiaries, affiliates, financial partners, or with other companies.
Contact Information for Queries/Requests:
Data Protection Officer
Email: dpo@lista.com.ph
Address: 168 Alfonso XII Clairemont Hills Corazon De Jesus, City Of San Juan, Second District, NCR, 1500
Phone: +63 9171163169
We may request certain Personal Information from you, including government-issued identification documents, for the limited purpose of validating your identity and good faith standing as a Data Subject. Once your identity is validated, we will delete the information so collected, unless we hold a lawful basis to further process this information.
XIV. YOUR PART IN PROTECTING YOUR DATA
You agree that you too play a part in ensuring your personal data and the data of others are protected. By accessing our Platforms and/or using our Services, you declare, represent, and warrant that:
You have been notified of, you have read, and you understand our Privacy Notice, this Privacy Statement, and our Terms and Conditions;
You absolutely agree with our Privacy Notice, Privacy Statement, and Terms and Conditions;
The Personal Data you provide to us is true, accurate, not misleading, for the purpose of any illegal activity, ill-will, nor information of persons, whether natural or juridical, other than yourself;
During account creation, should you enter information in representation of another person, you warrant that you have obtained his/her/their consent and/or authorization;
At the time of account creation and thereafter, all copies of certifications, licenses, permits, and various government and non-government issuances that you submit or upload to our database are genuine, unaltered, and valid;
By submitting the required Personal Data to us, you consent to such collection, disclosure and use thereof. You hereby expressly waive and unconditionally release us from any and all liability, claims, causes of action, or damages arising from our legitimate use of the submitted Personal Data;
You agree, warrant, and represent that you will absolutely assume all of your liabilities, roles, and responsibilities as a distinct, independent, and separate Data Controller of Personal Data of your own data subjects.
XV. REVOCATION OF CONSENT
A User can revoke his consent to the processing of their Personal Data by sending a written notice to the Data Protection Officer.
XXI. BEHAVIORAL MARKETING
We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.
XXII. LINKS TO OTHER SITES
Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Statement of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
XXIII. QUESTIONS/GRIEVANCE REDRESSAL
In the event you have any inquiries or grievances relating to the processing of Personal Information, you may contact:
Data Protection Officer
Email: dpo@lista.com.ph
Address: 168 Alfonso XII Clairemont Hills Corazon De Jesus, City Of San Juan, Second District, NCR, 1500
Phone: +63 9171163169
We shall exert our best efforts to address your concerns, complaints, or grievances, and these shall be examined with care, and professionalism, and within reasonable time from our receipt of your complete correspondence with us.
XXIV. AMENDMENTS
Your continued access or use of the LISTA App after the updated Statement is posted, confirms your acceptance and consent to be bound by the updated Statement.
XXV. MISCELLANEOUS
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The parties hereto submit to the exclusive jurisdiction of the courts of Makati City, Philippines, to the exclusion of all other courts.
The Terms set forth herein shall remain effective and shall remain binding upon you, even following any discontinuation of use of the LISTA App, to the extent permitted by law.
You agree to indemnify, defend, and hold LISTA, its affiliates, financial partners, shareholders, directors, employees, agents, service providers, suppliers, subcontractors, successors, and assigns, harmless from and against any and all claims, demands, actions, causes of action, damages, costs, and expenses, including reasonable attorney's fees.
If any of the Terms shall be deemed invalid, illegal, or unenforceable, such term or condition shall be deemed not written and the remainder shall continue to be valid and in force.
No delay or failure on the part of LISTA to enforce its rights or remedies under these Terms shall constitute a waiver on its part of such rights or remedies unless such waiver is set forth and confirmed in writing by its duly authorized representatives.