YOUR ACCEPTANCE OF TERMS
ARBITRATION NOTICE: UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you are entering into these TOU on behalf of a company or other legal entity, you represent that you have full authority to bind such company or entity to these TOU, and that all references to "you" or "your" shall refer to such company or entity. If you do not agree, are unwilling or unable to comply with the provisions contained in these TOU, you must not access or use the Website or any of the Services made available through the Website.
CHANGES TO THESE TOU
We may revise and update these TOU from time to time in our sole discretion by updating this posting, or by sending you email or written notification, and you consent to receive such notifications. All changes are effective immediately when we post them, and apply to all access to and use of the Website, or any applicable Services thereafter.
You are bound by any revisions and should therefore periodically revisit this page to review the current TOU and make sure that you add email@example.com to your email address book to help ensure you receive email notification from us. The Company is not responsible for any automatic filtering employed by your network provider in connection with email notifications.
Your use of the Website or any of the Services after the effective date of any revision to these TOU constitutes your agreement to any updated terms of these TOU.
If you do not agree to the modified terms and conditions, you should discontinue using the Website and/or the Services.
DESCRIPTION OF SERVICES
These TOU, together with any additional terms and conditions presented to you upon your use or access of the Website and/or purchase of Services, govern your use of all of the following (collectively, the "Services"):
- this website (the "Website"), and all products, services and content provided or made available to you through the Website, including but not limited to the proprietary databases developed and maintained by the Company and the formatting, categorization, structuring and display of information therein (the "Databases"), any and all materials, data, information, text, videos, software, images, graphics, illustrations, trademarks, copyrights, logos and any other content or services developed, contained, or accessible by means of the Website or the Databases (collectively, "Company Content");
- any mobile applications or other downloadable applications ("Applications");
By using any Application to enable, augment or enhance your use of the Website, you are explicitly confirming your acceptance of the terms and conditions of the end user license agreement associated with the Application provided at download or installation, or as may be updated from time to time.
Any inconsistencies between terms and conditions shall be construed so that the more restrictive terms and conditions shall apply.
The Services do not include support of the Website or the Services. The Company makes no guarantees as to the availability of the Website or the Services.
ACCESSING THE WEBSITE
The public portions of our Website do not require registration to browse and enjoy, and are offered and intended only for the use by persons aged 18 years or older who reside in, access, or use the Website from within the United States of America, and who comply with and agree to abide by these TOU.
By using the Website or any of our Services, you represent and warrant that you are of legal age to form a binding contract with the Company, that your access and use of the Website and the Services shall be solely for their intended purposes as described in these TOU, shall comply with all applicable laws, rules and regulations, including but not limited to the CAN-SPAM Act of 2003 , and laws pertaining to telemarketing, solicitation, privacy (collectively, "Laws"), as the same may be amended.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some part of the Website, or the entire Website, to users, including Authorized Users.
You are responsible for (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these TOU and comply with them.
ACCESS TO SUBSCRIPTION SERVICES
Access to our Databases and other non-public subscriber-only areas of our Website and Services are offered and intended only for Authorized Users on behalf of Authorized Businesses in connection with Free Trial Subscriptions or Paid Subscriptions, and are subject to the terms and conditions of the Company's Subscription Agreement. Each user of subscriber-only Services must be an Authorized User, meeting all of the eligibility requirements set forth in the Subscription Agreement, and currently employed by an Authorized Business.
Authorized Businesses are those businesses, organizations or other legal entities whose subscription to the Services has been pre-approved by the Company, have completed and submitted a subscription registration form and either purchased a subscription to the Services ("Paid Subscription") for the period of time for which it has paid the Company (the "Subscription Period"), or been granted a free trial subscription ("Free Trial Subscription") - Any Free Trial Subscription will be treated hereunder in the same manner as a Paid Subscription subject to these TOU - and have affirmatively agreed to be bound by these TOU, the Subscription Agreement, and any other agreements between you and the Company applicable to your access and use of the Services, the terms and conditions of which are incorporated herein by reference.
To speak with a Company representative about becoming an Authorized Business, please contact us using the Contact information set forth in Section 24, or submit a request for information by completing and submitting our online request form, and a representative will contact you. The Company reserves the right in its sole discretion to refuse to grant any business, organization or other legal entity "Authorized Business" status.
The Company reserves the right to refuse to provide you access to the Services or to allow you to open a User Account for any reason.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures in connection with your registration as an Authorized User, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any subscriber-only Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOU.
INTELLECTUAL PROPERTY RIGHTS
The Company Content, and the design, selection and arrangement thereof, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company has expended significant resources gathering, assembling and compiling the data sets contained in the Services, as such the Services constitute valuable intellectual property of the Company. Except for the limited license granted herein, no right, title or interest in or any Company Content is transferred to you, and the Company hereby reserves all rights not expressly granted herein in the Services. Any use of the Company Content not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark and other laws. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.
Subject to your compliance with these TOU, the Company grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable limited license to use the Company Content solely for your personal, non-commercial use only, or, if an Authorized User, then on behalf of your current employer, provided such employer is an Authorized Business, and then solely for its legitimate and ordinary internal business purposes only in accordance with these TOU.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on or accessible through our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may store contact information and lead information for the sole purpose of ordinary business operations.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide Applications for download, you may download a single copy to your computer or mobile device provided you agree to be bound by the end user license agreement for such applications.
- Authorized Users may access the Databases and other subscriber-only Services that are included in your Subscription to view the licensed information available through the Services, and for contacting persons found in the Databases provided all such contacts are made in conformance with all applicable laws, rules and regulations regarding commercial e-mails, telemarketing, solicitation, and privacy, and directly relates to your legitimate, internal and ordinary business purposes.
The Company may terminate your license at any time for any reason or no reason without notice.
In accessing or using the Website or any of the Services, you hereby acknowledge and agree that you shall not engage in any of the following prohibited activities:
- Use the Company Content in any way not expressly permitted under these TOU, including but not limited to, modifying, copying, distributing, displaying, publishing, licensing, creating derivative works from, transferring or selling any Company Content or other information.
- Copy, distribute, or disclose for commercial purposes any part of the Services in any medium, including without limitation by any automated or non-automated "scraping" or data mining;
- Develop or derive for commercial sale any Company Content in any form, including but not limited to an individual's contact information or lists of multiple individuals' contact information, or other information that you may be granted access to through use of the Services;
- Use any Company Content to compete with, or assist any other person or entity in competing with, the Company;
- Violate any applicable Laws including by using any Company Content in a manner that violates the U.S. CAN-SPAM ACT of 2003, as amended from time to time;
- Make available to the Company any information if so doing would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
- Impersonate any person or entity or falsely state or otherwise mispresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
- Use multiple email addresses, multiple aliases, fictitious names or fictitious email addresses when using any of the Services or submitting any User Contributions;
- Violate or attempt to violate the security of any of the Services, including: logging in to a server that you are not authorized to access, testing, scanning, probing or hacking the vulnerability of the Website, breaching or attempting to breach the security, encryption or other authentication measures employed by the Website or any of the Services, or interfering or attempting to interfere with the Website by overloading, flooding, pinging, or crashing it.
- Reverse engineer, decompile or disassemble any portion of the Services;
- Use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, or the like) to navigate, search or access any portion of the Website, other than the database made available from the Company and generally available to third party web browsers for any purpose, including monitoring or copying any of the material on the Website, or to access the Services in any manner that sends more request messages to the Company's servers than a human user can reasonably produce using a conventional web browser;
- Upload any invalid data, viruses, worms, malware, or otherwise attempt to threaten or interfere with the safety, security or proper functioning of any of the Services;
- Bypass any measures the Company may employ to prevent or restrict access to any of the Services.
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
The Website may contain interactive blogs, message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these TOU.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Laws. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, or that may invade another's right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these TOU.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the TOU, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website or Services for any violation or suspected violation of these TOU.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that any User Contributions violate your copyright, or if you believe that the Website or Services contain content that infringes on your copyright, please forward the following information to Agency Leads, LLC, 955 Goffs Falls Road, P.O. Box 4864, Manchester NH 03108, Attn: DCMA Customer Support or by email to firstname.lastname@example.org.
- Your mailing address, telephone number and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the infringing material is located on the Website or Services;
- A statement that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the alleged owner of the copyright interest, or the person authorized to act on behalf of the alleged owner of the copyright interest; and
- A statement that the information contained in your notice is true and accurate, subject to the penalty of perjury, and that you are either the copyright owner, or authorized to act on the copyright owner's behalf.
SUBSCRIPTION AGREEMENT AND OTHER TERMS AND CONDITIONS
All subscriptions through our Website for the access and use of subscriber-only Services and resources are governed by our Subscription Agreement, and made subject to compliance with these TOU.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these TOU.
LINKS FROM THE WEBSITE
The Company does not endorse or make any representations or warranties with respect to third party websites, products, services, advertisers or information accessible via the Website ("Third Party Materials"), and these TOU do not govern any such Third Party Materials. The Company does not review sites that link to the Website, or any third party sites (including social media plug-ins) which you may access or link to through the Website, and is not responsible for the content or the privacy policies of any off-Website pages. Your linking to or accessing any Third Party Materials is at your own risk. You are encouraged to review the terms and conditions and privacy policies of all such third-party sites, and you hereby release the Company from any and all losses, liability and damages arising from your access or use of any third party websites and/or Third Party Materials.
DISCLAIMER OF WARRANTIES
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF ANY OF THE SERVICES, INCLUDING THE WEBSITE, DATABASES AND COMPANY CONTENT ARE AT YOUR OWN OPTION AND RISK. ALL SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE COMPANY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE COMPANY CONTENT IS CORRECT, COMPLETE, SECURE, ACCURATE, RELIABLE, OR FREE FROM ERRORS AND OMISSIONS; THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; THAT THE SERVICES WILL BE UN-INTERRUPTED AND SECURE, FREE FROM VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, EQUIPMENT OR OTHER PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE THAT A NUMBER OF INHERENT RISKS EXIST IN ALL INTERNET TRANSACTIONS, INCLUDING BUT NOT LIMITED TO THEFT AND DAMAGE CAUSED BY HACKERS AND VIRUSES, AND AS SUCH THE COMPANY MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND AS TO THE SECURITY OR SAFETY OF ANY INFORMATION TRANSMITTED VIA YOUR USER ACCOUNT, INCLUDING ANY PAYMENT INFORMATION, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY BREACH THEREOF.
WE MAY UPDATE THE CONTENT ON THIS WEBSITE, INCLUDING THE DATABASES FROM TIME TO TIME, BUT THE COMPANY CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE. ANY OF THE MATERIAL ON OR ACCESSIBLE THROUGH THE WEBSITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.
SOME TELEPHONE NUMBERS IN THE DATABASES MAY BE ON A "DO NOT CALL" OR "DO NOT CONTACT" LIST. THE COMPANY DOES NOT INDEPENDENTLY VERIFY WHETHER ANY SUCH TELEPHONE NUMBERS ARE CONTAINED IN ANY CENTRAL "DO NOT CALL" REGISTRIES. BY USING THE INFORMATION PROVIDED IN THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU WILL USE SUCH INFORMATION IN ACCORANCE WITH APPLICABLE LAWS, AND WILL INDEPENDENTLY VERIFY AS NEEDED WHETHER ANY CONTACTS IN THE DATABASE HAVE REGISTERED A PREFERENCE NOT TO RECEIVE UNSOLICITED SALES AND MARKETING TELEPHONE CALLS.
THE COMPANY STRIVES FOR 24/7 ACCESS TO THE SERVICES, BUT IT SHALL NOT BE RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY DISRUPTION TO THE SERVICES, OUTAGES, DOWN-TIME, OR THE LIKE, REGARDLESS OF CAUSE OR DURATION.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE COMPANY, NOR ANY OF ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES RESULTING FROM OR ARISING OUT OF YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, ANY OF THE SERVICES.
SOME JURIDISCISONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE FOR, AND ALL LIABILITY IS HEREBY DISCLAIMED FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM (I) HACKING, TAMPERING, VIRUSES OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVER, THE SERVICES, YOUR USER ACCOUNT OR ANY OF THE INFORMATION CONTAINED THEREIN; (II) ERRORS OR OMISSIONS IN ANY CONTENT; (III) ILLEGAL, OFFENSIVE, OR DEFAMATORY CONDUCT OF ANY THIRD PARTY (IV) USER CONTENT; (V) SERVICE INTERRUPTIONS; (VI) DATA LOSS OR DATA CORRUPTION ARISING FROM YOUR ACCESS OR USE OF THE SERVICES; OR (VII) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE SERVICES.
IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE PAID TO THE COMPANY HEREUNDER, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
You agree to defend (at the Company's election and request), indemnify and hold the Released Parties harmless from and against any and all third-party claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities using the Services or those conducted on your behalf): (i) your access to or use of the Services, including any User Contributions; (ii) your breach or alleged breach of these TOU; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Company in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the Company's prior written consent.
GOVERNING LAW AND JURISDICTION
These TOU are governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law. For any action at law or in equity relating to the arbitration provision of these TOU, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in the United States District Court for the District of New Hampshire, or the appropriate state court located in Hillsborough County, New Hampshire, and to submit to the personal jurisdiction of the courts located in New Hampshire for the purpose of litigating all such disputes.
If any provision of these TOU is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions. The Company's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. The Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with the Company.
Unless you opt out of arbitration pursuant to the opt-out procedure below, you agree that any and all disputes arising between you and the Company relating to your access and use of the Services, these TOU, and/or rights of privacy and/or publicity shall be resolved exclusively through final and binding arbitration rather than in court. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU ACKNOWLEDGE AND AGREE THAT BY OPTING OUT OF ARBITRATION IN ACCORDANCE WITH THE BELOW PROCEDURES, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The following disputes are not subject to the above provisions concerning arbitration: (1) disputes seeking to enforce or protect the validity of any of the Company's or your intellectual property rights; (2) disputes relating to unauthorized use, theft, or piracy; (3) claims for injunctive relief; and (4) small claims disputes, subject to the governing law and venue provisions set forth in Section 17.
You may opt out of this agreement to arbitrate. If you do opt out, neither you nor the Company can require the other to participate in an arbitration proceeding. To opt out, you must send written notice of your decision to opt out to the Company using the contact information listed below. Notice must be sent to the Company within thirty (30) days of your initial registration to use any of the Services, whether through a Free Trial Subscription, Paid Subscription, or downloading an Application.
Your written notice must include: your company's name and address, the name, title, telephone number and email address of the person executing the written notice on your company's behalf, and a clear statement of your company's intention to opt out of this arbitration agreement. Written notice shall be sent to: Agency Leads, LLC, 955 Goffs Falls Road, P.O. Box 4864, Manchester NH 03108, ATTN: Arbitration Opt-Out.
Failure to send written notice in accordance with this provision shall mean that you are bound to arbitrate disputes in accordance with these TOU.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.
LIMITATION ON TIME TO FILE CLAIMS
ASSIGNMENT AND WAIVER
The Company may assign these TOU at its sole discretion. You may not assign, sublicense, or otherwise transfer these TOU, or the limited license granted to you hereunder, in whole or in party to any other person, entity, or organization. No waiver of any provision of these TOU shall be deemed a further and continuing waiver of such term or any other term. Any failure by the Company to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
RELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these TOU, your access and/or use of the Services. Neither party has any authority to make any statements, representations or commitments of any kind, or take any actions that shall bind the other, except as provided herein, or specifically authorized by the other party in writing.
Notices required by law, permitted hereunder, or in connection with marketing or other business related purposes may be provided to you, via your most recent email on file, through written or hard copy notice, or through conspicuous postings on the Website. You hereby consent to the receipt of such notices, provided that you may elect to opt out of certain means of communication (i.e. such as marketing emails).
Under California Civil Code Section 1789.3, California users of the Services are provided with the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
CONTACT INFORMATIONIf you have any questions concerning any of the terms and conditions set forth in these TOU, or your experience with the Services, please contact email@example.com (603) 657-4976
Main requirements of CAN-SPAM ACT of 2003
- Don't use false or misleading header information. Your "From," "To," "Reply-To," and routing information - including the originating domain name and email address - must be accurate and identify the person or business who initiated the message.
- Don't use deceptive subject lines. The subject line must accurately reflect the content of the message.
- Identify the message as an ad.Disclose clearly and conspicuously that your message is an advertisement.
- Tell recipients where you're located. Your message must include your valid physical postal address. This can be your current street address, a post office box you've registered with the U.S. Postal Service, or a private mailbox you've registered with a commercial mail receiving agency established under Postal Service regulations.
- Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. Make sure your spam filter doesn't block these opt-out requests.
- Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient's opt-out request within 10 business days. Once people have told you they don't want to receive more messages from you, you can't sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you've hired to help you comply with the CAN-SPAM Act.
- Monitor what others are doing on your behalf. Even if you hire another company to handle your email marketing, you can't contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.