Refund Policy
EMAILDBPRO REFUND POLICY
General Terms and Conditions to
Qualify for a full refund on your purchase
These
general terms and conditions are part of the contract to which they are
attached (the “Agreement”) and apply to your use of any
marketing or
email data or services provided by emaildbpro.org or its affiliated
Businesses (“emaildbpro.org”), which data or services are referredto
collectively as the “Data.”
Please carefully read and understand the Terms and conditions of sale of emaildbpro.org databases
1. Disclaimer of Warranties; Limited Warranty.
THE
DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. emaildbpro.org DOES NOT
ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF
THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, emaildbpro.org
DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. YOU HAVE 14 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT
AND NOTIFY emaildbpro.org OF ANY PROBLEMS OR MISTAKES IN THE DATA AND IF
YOU SO NOTIFY emaildbpro.org WITHIN THAT 14-DAY PERIOD, THE PROBLEM OR
MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.
The Licensee agrees to:
(a) Notify the Licensor within thirty (14) days of discovering any errors in the List;
(b) Check the data in the List immediately upon receipt of it to ensure it meets the Licensee's criteria;
(c) Pay the Licensor the license fee through the Licensor’s online payment facility following acceptance of these Terms;
(d)
Use the List on as many occasions as the Licensee desires for any legal
purpose for the 12 month period commencing on the date of acceptance of
these Terms and expiring 12 months from that date (“Term”);
(e)
Take all reasonable steps to ensure that the List and the details
contained within it are not appended to or used to enhance any other
mailing lists or databases;
(f) Provide to the Licensor
immediately upon becoming so aware a list of names and addresses of
businesses contained within the List that wish to be deleted from that
List;
(g) Indemnify and keep indemnified the Licensor, its
employees, agents and contractors against any claim, action, demand or
damage whatsoever (including, without limitation, legal costs on an
indemnity basis) arising directly or indirectly from the Licensee's use
of the List;
(h) Forgo any rights the Licensee might otherwise
have had against the Licensor in respect of any failure of the Licensor
to perform;
(i) Forgo any rights the Licensee might otherwise
have had against the Licensor in respect of any failure of the Licensor
to perform pursuant to these Terms to the extent that such failure was
caused by factors beyond the Licensor's control;
(j) Pay to the
Licensor the Licensor's damages as a result of the Licensee's breach of
these Terms (without limitation of any other rights the Licensor might
have against the Licensee for the Licensee's breach of these Terms) for
each and every breach by the Licensee of these Terms together with all
legal costs incurred by the Licensor in enforcing these Terms (on an
indemnity basis); and
(k) Not demand any refund or return of the
license fee if the Licensee cancels these Terms at any time. The license
fee is non-refundable.
2. Limitation of Liability.
Except
as provided in the last sentence of Section 2 above, emaildbpro.org
will not be liable for any claim, demand, loss, liability, damage,
injuries, cost or expense (including reasonable attorneys’ fees and
legal costs), whether general, direct, special, incidental,
consequential or other damage caused in whole or in part or directly or
indirectly by any use of the Data or any alleged or actual failure by
emaildbpro.org to comply with the terms of the Agreement, whether or not
any such damages were foreseeable or whether emaildbpro.org was advised
of the possibility of such damages. emaildbpro.org‘s maximum liability
under the last sentence of Section 1 will not exceed the amount you paid
emaildbpro.org under the Agreement within the 12 months preceding the
event which gave rise to emaildbpro.org’s liability.
3. Interruption of Service.
You
acknowledge that, given the technical nature of resources
emaildbpro.org requires to provide the Data to you, temporary
interruptions may occur in the provision of Data and that any such
interruptions shall not result in emaildbpro.org having any liability to
you or others and shall not suspend or eliminate your payment
obligations to emaildbpro.org or provide you with any refund rights for
amounts previously paid to emaildbpro.org.
4. Payment for downloaded databases.
(a)
Payment: You agree to pay emaildbpro.org a fee in accordance with the
fees, charges and billing terms in effect at the time a fee or charge is
due and payable. License Fees charged are nonrefundable.
(b)
Recurring Billing: Your acceptance of these terms constitutes your
authorization to emaildbpro.org to automatically charge the credit/debit
card provided by you, and in the case of subscription products, to
continue charging the credit/debit card at the agreed-upon intervals
during the term of the subscription. You agree to provide emaildbpro.org
with complete and accurate billing and contact information and to
update that information with thirty (30) days of any change to the
billing information. Failure of the recurring payment process does not
absolve your payment obligations.
(c) Interest Charges: There
will be interest charges on any amounts which you fail to pay when due
at the rate of 1.5% a month, or such lower rate as may be equal to the
maximum rate allowed by applicable law, on the unpaid amount.
5. Entire Agreement; Amendment or Waiver.
The
Agreement contains the entire understanding between you and
emaildbpro.org and supersedes any prior understandings or agreements,
oral or written, relating to the subject matter of the Agreement. The
Agreement may only be amended by a document signed by you and
emaildbpro.org. No waiver of any breach of the Agreement shall be deemed
a waiver of a future breach, whether of a similar or different nature,
and no waiver shall be effective unless in writing signed by the waiving
party.
6. Execution; Counterparts.
The Agreement may be
executed in its original, by facsimile or in electronically transmitted
portable document format and it may be executed in any number of
counterparts, each of which shall be deemed an original of the same
document.