Welcome to the (hereinafter "") web site, and Thank You for considering our products. will provide their goods and services to You subject to the following terms and conditions. Please read this information carefully before placing any orders. By placing an order with , You agree to be bound by the following Terms of Sales and Service (Agreement):
1. PRODUCT DESCRIPTIONS:
a. Data Products:
i. All data delivered through the network contains complete subscriber information including, but not limited to, subscriber's name, company name, email address, postal address, phone number, fax number, opt-in date and registration plus free selects.
ii. In the unlikely event that a complaint or complaints are sent to the ISP of an advertiser, will provide, upon request, the complete details to the ISP verifying that the complaint was from a legitimate subscriber or from public information.
iii. Further, if has purchased data from a Web Property Owner ("Publisher"), or broker, enters into a signed Agreement whereby the Publisher or broker represents that the data was collected in such a manner as to be in full compliance with "Campaign Specifics" and with all applicable state and federal laws including the CAN-SPAM Act of 2003, and with all applicable privacy policies. Such compliance includes, but is not limited to: (1) not having collected this data by e-mail address Harvesting or Dictionary Attacks; and (2) not including the e-mail addresses of recipients who have opted-out of receiving e-mail messages in this data.
iv. has procedures in place and uses its best efforts to remove any hard bounces from our data. routinely tests the data to ensure deliverability of approximately 75%. However, results may vary regarding bounces and deliverability based on Your own and outsource broadcast methods. accepts no responsibility for the deliverability of Your own and outsource methods data once it is purchased.
b. Email Campaign and Delivery Services:
i. will provide clients professional solutions for all of their email marketing needs.
ii. will provide clients with statistics and clicker "prospect" after the campaign has been completed.
iii. will provide tracking reports with full statistics for each email marketing campaign including emails …..delivered, opened, and clicked.
iv. Client provides mailer and landing web site.
v. "Unsubscribes" will be processed by .
2. FEES FOR SERVICES: For each of the Products described above, the fee will be provided by and paid by client at the time the service is ordered.
3. REFUND POLICY AND REPLACEMENT: Due to the nature of our product, You agree and acknowledge that maintains a no refund policy on all products and services offered. will replace all hard bounces of emails that exceeds 75% when using 's deployment services. does not guarantee its data if deployed by your own service or an outsource deployment service. If You are dissatisfied with any product or service offered by Your exclusive remedy is to discontinue use of the service without refund of any kind whatsoever.
4. WARRANTIES: IS NOT RESPONSIBLE FOR DAMAGES INCURRED BY THE INCLUSION OF SPAM TRAPS IN ANY DATABASE SOLD, DELIVERED TO, OR LEASED UNDER THIS AGREEMENT. SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY . YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ANY SERVICE OFFERED BY OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ANY SERVICE OFFERED BY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY , OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY , OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IS NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD, OR STORE EMAIL TRANSMITTED THROUGH THE SERVICE. YOU AGREE THAT DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE. YOU ALSO AGREE THAT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY . IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. YOU AGREE, AND ACKNOWLEDGE AWARENESS THAT MAINTAINS A NO REFUND POLICY ON ALL PRODUCTS AND SERVICES OFFERED AT ALL TIMES.
6. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless , its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law including but not limited to Can-Spam violations, copyright infringement, trademark infringement, patent infringement or plagiarism. may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by , however, shall not excuse any of Your indemnity obligations.
7. FORCE MAJEURE: Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
8. ASSIGNMENT: Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.
9. RELATIONSHIP OF THE PARTIES: The parties are independent contracting entities, and there is no partnership or agency relationship between them. Further, You may not use the name in Your advertising or marketing as the source of Your data without express written permission from .
10. INTENDED FOR USERS OVER 18: web site is intended for use by individuals 18 years of age or older only.
11. ENTIRE AGREEMENT: Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
12. DISPUTES: In the event of a dispute, You agree to attempt to resolve the dispute by contacting