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Terms & Conditions Of Use
These Terms and Conditions constitute an agreement (“Agreement”) between you (“You”, “your”, “user” or “Customer”) and DATAAMERICA LLC d/b/a DataAmerica.com (“DATAAMERICA”, “us”, “we” or “our”) for commercial distribution and storage of data and mailing lists containing consumer, business, healthcare information, Email Lists database storage and maintenance, subscriber telephone verification services, and any and all related products or services (“Services”). This Agreement governs both the Services provided by DATAAMERICA and any purchase of data or Email Lists (“Data”) used in connection with the Services provided by DATAAMERICA.
By accepting our Terms and Conditions listed herein, including by placing an order for our Services (your “Order”), You are agreeing to be bound, without any limitation or qualification, by the terms of this Agreement. You may request a copy of our Terms and Conditions by Emailing: email@example.com and returning a signed copy of the Agreement to Us.
By accepting our Terms and Conditions, You represent and warrant that You are at least eighteen (18) years of age or the applicable state age of majority that You reside in and that You possess the legal right and ability to enter into this Agreement as of the date You utilize Our site and place an Order. If You are entering into this Agreement on behalf of a partnership, corporation, LLC or other similar business entity, You hereby represent and warrant that You possess the full and necessary power, authority and capacity to enter into and perform this Agreement on behalf of this entity, and further that You have taken any and all proper, required and necessary action to authorize the execution, delivery and performance of this Agreement Your continued use of this site constitutes your acceptance of Our terms and conditions, which are described below.
DATAAMERICA guarantees consumer and business mailing lists to be 90% deliverable (“Minimum Deliverable”). To qualify for a refund for any mailing that is below the Minimum Deliverable rate described herein, the original mailing must be postmarked within thirty (30) days of the list sale from DATAAMERICA to You and any and all returned mailing pieces, stamped undelivered or undeliverable by the U.S. Post Office, must be returned to DATAAMERICA within fifteen (15) days of the date that the list or labels were received by You. For any approved returns above 10% of the entire list, DATAAMERICA will reimburse the current standard third-class postage rate to You. Reimbursement shall not exceed the cost of the initial list sold to the customer. Any and all telefax and telephone numbers are excluded.
Any and all materials (“Materials”) and content (“Content”) on the Site are provided by and solely owned by DATAAMERICA unless indicated otherwise. Any and all of the intellectual property rights in the Materials, Contents and Services (including copyrights, trademarks, service marks, trade secrets and patents) are the exclusive property of DATAAMERICA. DATAAMERICA retains all rights and copyrights in the individual pages on the Site, and their components, and collective works (“Works”) available on the Site. You acknowledge that all the Data provided by DATAAMERICA to You are protectable trade secrets of DATAAMERICA.
You agree not to use the Materials, Content, Services for any unlawful or abusive purpose or in any way which interferes with DATAAMERICA’s ability to provide Services to its customers, or damages its property.
The Materials and Services are copyrighted and are protected by federal and international copyright laws and treaty provisions. The Materials and Services may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without DATAAMERICA’S prior written permission.
Trademarks and copyrights including the DATAAMERICA logo are the property of DATAAMERICA. Any and all other names and trademarks are the property of their respective holders.
As a visitor to Our Site, You are authorized to download one copy of the Materials and/or Content found on this Site for use with Our Services and/or Accounts. This is a license, not a transfer of title, and is subject to the following restrictions that unless You receive prior written consent from us and unless you receive any required regulatory approvals, You may not: (a) modify any of the Materials, Content, Services or Accounts or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials, Content, Services or Accounts; (c) remove any copyright or other proprietary notices from the Materials, Content, Services or Accounts; and, (d) unless otherwise provided herein, transfer or resell the Materials, Content, Services or your Account to another person. You also agree to prevent any unauthorized copying of the Materials, Content, Services and Accounts.
You agree that DATAAMERICA, in our sole discretion, may terminate this License at any time, for cause. Upon termination, You will immediately destroy any copies of the Material, Content and Works in your possession.
DATAAMERICA may terminate this Agreement at any time and for any reason.
DATAAMERICA is not responsible for typographical errors or discrepancies between Your and Our interpretation of any text or content on this Site. DATAAMERICA does not warrant the accuracy or completeness of the content or this Site. DATAAMERICA may make changes to any part of this Site without any notice to You. Any content, text or product listed on the Site may be out of date, and DATAAMERICA makes no commitment to updating any part of the Site.
Certain content or products may not be available or applicable to You by law. DATAAMERICA is not be responsible for any inability to use the Site or Our Services because of that fact. In addition, DATAAMERICA is not be responsible for any inability to use the Site, or for anything that occurs such as but not limited to any loss of a business opportunity or potential business opportunity as a result of Your attempted use of the Site.
At times, DATAAMERICA may provide links to outside, third-party sites, which DATAAMERICA can in no way take legal responsibility for or guarantee the accuracy or completeness of any of this material.
You Agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York.
You and DATAAMERICA agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a New York state or federal court with jurisdiction sitting in Nassau County, New York, United States of America. You and DATAAMERICA each waive any and all objections You or DATAAMERICA may have now or hereafter regarding the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding. You agree to service of process in any such action by U.S. First Class Mail.
You waive your right to have a trial by jury.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
By accepting these terms and conditions You are acknowledging that You have read and understand this entire Agreement and that You agree to and understand its terms and conditions.